1.
The State of Orissa in February 2006 sent a complaint to the
Central Government under Section 3 of the Inter-State River Water Disputes
(ISRWD) Act, 1956 regarding water disputes between the Government of Orissa and
Government of Andhra Pradesh pertaining to Inter-State River Vansadhara for
constitution of a Inter-State Water Disputes Tribunal for adjudication. The
main grievance of the State of Orissa in the complaint sent to the Central
Government is basically adverse effect of the executive action of Govt. of
Andhra Pradesh in undertaking the construction of a canal taking off from the
river Vamasadhara called as flood flow canal at Katragada and failure of Govt.
of Andhra Pradesh to implement the terms of inter-State agreement understanding
etc. relating to use, distribution and control of waters of inter-State river
Vansadhara and its valley. Basic contention of State of Orissa in the complaint
is that the flood flow canal would result in drying up the existing river bed
and consequent shifting of the river affecting ground water table. It has also
raised the issue of scientific assessment of available water in Vansadhara at
Katragada and Gotta Barrage and the basis for sharing the available water.
2.
As per the provision of ISRWD Act, 1956, when any request under
Section 3 is received from any State Government in respect of any water dispute
and the Central Government is of opinion that the water dispute cannot be
settled by negotiations, the Central government shall, within a period of not
exceeding one year from the date of receipt of such request, by notification in
the Official Gazette, constitute a Water Disputes Tribunal for the adjudication
of the water dispute. Accordingly, Secretary (WR) convened an inter-State
meeting on 24.4.2006 at New Delhi to explore the possibility of finding out
negotiated settlement of the dispute. In the meeting, both the States agreed
that yield of the river is to be shared between Orissa and Andhra Pradesh on 50
– 50 basis. Both States also agreed that CWC will reassess the
yield of the Vansadhara basin by utilizing the yield series upto 2005 for which
necessary utilization data shall be furnished by the concerned State Government
expeditiously. Based on the conclusions reached in the meeting, Central
Government is hopeful of finding the negotiated settlement of the dispute. The
effect of flood flow canal on the river region is being investigated through a
model study in CWPRS.
3.
In continuation of this process, another inter-State meeting at
the level of Addl. Secretary (WR) was convened on 5th -6th December, 2006 in
which the follow-up action taken on the decision of the previous Inter-State
meeting was reviewed. Further, Addl. Secretary (WR) convened another
inter-State meeting on 2nd March, 2007 to review the follow-up action on the
conclusions reached in the meeting taken by him on 5th & 6th December,
2006. In the meeting, Addl. Secretary (WR) felt that it may be appropriate to
request Secretary (WR) to call another meeting at the level of Chief
Secretaries of State of Orissa and Andhra Pradesh in view of the divergent
position stated by officials of respective States in an explicit manner.
4.
Meanwhile, the W.P.(C)No.443 of 2006 filed by State of Orissa
came up for hearing before the Hon’ble Supreme Court on 30th April, 2007. The
Hon'ble Supreme Court was requested to adjourn the matter for a longer time so
that the Central Government can once again try for a negotiated settlement and,
therefore, the matter was adjourned. In view of that Secretary (WR) proposed
meeting with the Chief Secretaries on 18.5.06 which was rescheduled to 15.6.07
and again to 5.7.07 due to inability expressed by Chief Secretary, Govt. of
Orissa to attend the same. However the meeting finally could not be held as
Chief Secretary, Govt. of Orissa expressed inability to attend the same as no
useful purpose will be served in holding the meeting till Govt. of Andhra
Pradesh stops construction of the project.
5.
Further, an inter state meeting was taken by Chairman, CWC with
the officers of CWC, CWPRS, Pune, the State of A.P. and Orissa on 17.12.07 to
discuss the model studies requested in this regard. Another meeting was held on
22.1.08 to firm up additional/studies required.
6.
In the hearing dated 6.2.2009, the Hon'ble Supreme Court
directed Central Government to constitute a water dispute tribunal.
7.
With the approval of the Cabinet (dated 25.06.2009) Ministry of
Water Resources has constituted Vansadhara Water Dispute Tribunal (VWDT) vide
Notification Dt.24.2.2010. The Tribunal has its Head-Quarters at New Delhi.
8.
The complaint of the Government of Orissa is now referred to a
Tribunal constituted under Section 4 of the Act.
source : India-wris wiki
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