DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

TOPIC: WATER LAWS IN INDIA

SUBJECT: ENVIRONMENTAL LAW

FACULTY: BUSHRA QUASMI

NAME: L. SAI RADHA KRISHNA

ROLL.NO: 2016055

SEMESTER: V – A

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 ACKNOWLEDGEMENT

I am using this opportunity to express my gratitude to everyone who supported

me through the course of the project. I would like to thank our teacher who
encouraged, guide and supported me for doing this project. And sincerely
grateful to them for sharing their truthful and illuminated views on the issues
related to the project.

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 TABLE OF CONTENTS

INTRODUCTION………………………………………………………………. 04

INTERNATIONAL FRAME WORK…………………………………………… 05 - 06

DIFFICULTIES OF WATER RIGHTS………………………………………….. 06 - 07

POLICIES RELATED TO WATER BODIES, WATER POLLUTION &

REGULATION……………………………………………………………………. 07 - 08

WATER PREVENTION AND CONTROL OF POLLUTION ACT 1974………… 08 - 09

FUNCTIONS OF THE CENTRAL BOARD UNDER THE WATER ACT 1974….. 10 - 11

FUNCTIONS OF THE STATE BOARDS UNDER THE WATER ACT 1974…….. 11 - 12

CONCLUSION………………………………………………………………………. 13

BIBILOGRAPHY…………………………………………………………………… 13

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 1. INTRODUCTION & HISTORY

‘Environment’ refers to all aspects of the natural environment, including land, air, water,
flora and fauna, as well as the human environment.

While some areas of environmental law are designed to ensure the protection of the
environment, others are designed to control human use of natural resources by setting up a
system of environmental approvals. For example, water pollution is unlawful without a
permit. However, a person can pollute waters with approval from the NSW Environment
Protection Authority (EPA).

Over two thirds of Earth's surface is covered by water; less than a third is taken up by land.
As Earth's population continues to grow, people are putting ever-increasing pressure on the
planet's water resources. In a sense, our oceans, rivers, and other inland waters are being
squeezed by human activities not so they take up less room, but so their quality is reduced.
Poorer water quality means water pollution.

Water is ubiquitous and does not respect political boundaries. Water resources laws may
apply to any portion of the hydrosphere over which claims may be made to appropriate or
maintain the water to serve some purpose. Such waters include, but are not limited to:

 Surface waters - lakes, rivers, streams, oceans, and wetlands;

 Surface runoff - generally water that flows across the land from rain, floodwaters,
and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans;

 Groundwater, particularly water present in aquifers.1

The history of people's relation to water illustrates varied approaches to the management of
water resources. "Lipit Ishtar and Ur Nammu both contain water provisions, pre-date
Hammurabi by at least 250 years, and clearly provide the normative underpinnings on which
the Hammurabi Code was constructed The Code of Hammurabi was one of the earliest
written laws to deal with water issues, and this Code included the administration of water
use. The Code was developed about 3,800 years ago by King Hammurabi of Babylonia.2

1
https://en.wikipedia.org/wiki/Water_resources_law
2
Jones, P. Andrew, and Cech, Tom. Colorado Water Law for Non-Lawyers. Boulder, CO, USA: University Press
of Colorado, 2009.

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 2. INTERNATIONAL FRAME WORK

International water law includes variety of instruments. They’ll not all apply directly in the
Asian nation; however, contribute in numerous ways that to the event of water law at the
international additionally as national levels.

For many years, international water law enclosed principally treaties regarding navigation in
international rivers, which ingrained one in all the first areas of collaboration among states.

 This has been expanded to many non-navigational aspects over time but the focus on
international watercourses remains an important part of water law, as exemplified in
the Farakka treaty.3

 Indeed, the only multilateral treaty in the field of water is a convention concerning
non-navigational uses of international watercourses.4

 This treaty adopted in 1997 provides a framework for cooperation among states on
international watercourses concerning the use of their waters apart from navigational
aspects.

 The basic principle it proposes for using international watercourses water is equitable
and reasonable utilization.

 The basis for watercourse use is therefore agreement among concerned states
concerning their respective needs. While there was substantial debate concerning the
place of environmental aspects and sustainability, the principle of sustainable
utilization has not been adopted as a principle that would override equitable and
reasonable utilization.

 The adoption of the convention was in itself a landmark development since it took
UN member states many years to agree on this text.

3
reaty on Sharing of the Ganges Waters at Farakka, New Delhi, 12 December 1996, 36 Int’l Leg. Mat. 519
(1997).
4
Convention on the Law of the Non-navigational Uses of International Watercourses, New York, 21 May 1997,
reprinted in P. Cullet & A. Gowlland-Gualtieri eds, Key Materials in International Environmental Law 481
(Aldershot: Ashgate, 2004).

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  Besides the UN 1997 Convention, there exist a number of international treaties that
are directly or indirectly concerned with water. The UNECE Convention on impact
assessment applies, for instance, in the case of dams and other water-related
infrastructure projects.5

 The Desertification Convention clearly links water and desertification. In fact, its
objectives provision recognizes that rehabilitation, conservation and sustainable
management of water are key to combating desertification.

 The Convention on wetlands of international importance (Ramsar Convention) is

intrinsically concerned with water6

3. DIFFICULTIES OF WATER RIGHTS

Water has unique features that make it difficult to regulate using laws designed mainly for
land. Water is mobile, its supply varies by year and season as well as location, and it can be
used simultaneously by many users. As with property (land) law, water rights can be
described as a "bundle of sticks" containing multiple, separable activities that can have
varying levels of regulation. For instance, some uses of water divert it from its natural course
but return most or all of it, while others consume much of what they take, and still others use
water without diverting it at all. Each type of activity has its own needs and can in theory be
regulated separately. There are several types of conflict likely to arise: absolute shortages;
shortages in a particular time or place; diversions of water that reduce the flow available to
others; pollutants or other changes (such as temperature or turbidity) that render water unfit
for others' use; and the need to maintain "in-stream flows" of water to protect the
natural ecosystem.

One theory of history, put forward in the influential book Oriental Despotism, holds that
many empires were organized around a central authority that controlled a population through
monopolizing the water supply. Such a hydraulic empire creates the potential for despotism,
and serves as a cautionary tale for designing water regulations.

5
Convention on Environmental Impact Assessment in a Transboundary Context, Espoo, 25 February 1991,
reprinted in Cullet & Gowlland-Gualtieri, note 3 above at 29. This convention is open for global membership
though India has not joined yet
6
Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar, 2 February
1971, reprinted in Cullet & Gowlland-Gualtieri, note 3 above at 248.

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Water law involves controversy in some parts of the world where a growing population faces
increasing competition over a limited natural supply. Disputes over rivers, lakes and
underground aquifers cross national borders.7 Although water law is still regulated mainly by
individual countries, there are international sets of proposed rules such as the Helsinki Rules
on the Uses of the Waters of International Rivers and the Hague Declaration on Water
Security in the 21st Century.

Long-term issues in water law include the possible effects of global warming on rainfall
patterns and evaporation; the availability and cost of desalination technology; the control
of pollution, and the growth of aquaculture.

4. POLICIES RELATED TO WATER BODIES, WATER POLLUTION &

REGULATION

 Guidelines for repair, renovation and restoration of water bodies with external
assistance and domestic support - Ministry of Water Resources (2009)
 Guidelines for the national lake conservation plan - Ministry of Environment and
Forests (2008)
 Model bill to regulate and control the development of groundwater - Ministry of
Water Resources (1996)
 The Maharashtra groundwater (regulation for drinking water purposes) act -
International Environmental Law Research Centre (1993)
 Maharashtra Act No. XVIII - Water Resources Department (2005)
 National Water Mission - National Action Plan on Climate Change - Volume I and II
- Ministry of Water Resources (2009,2008)
 National Water Policy - Ministry of Water Resources (2002)
 Policy on Rain Water Harvesting - Department of Water Resources (Government of
Goa) (2008)
 The water (prevention and control of pollution) rules - Ministry of Environment and
Forests (1975)

7
Thompson, Olivia N., "Binational Water Management: Perspectives of Local Texas Officials in the U.S.-Mexico
Border Region" (2009). Applied Research Projects. Paper 313. 

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  The water (prevention and control of pollution) act - Ministry of Environment and
Forests (1974)
 The water (prevention and control of pollution) cess act - Ministry of Environment
and Forests (1977)
 The water (prevention and control of pollution) cess (amendment) act - Ministry of
Environment and Forests (2003)
 Water (prevention and control of pollution) cess rules - Ministry of Environment and
Forests (1978)
 Andhra Pradesh water resources regulatory commission act - Andhra Pradesh Water
Reforms (2009)
 Institutional Arrangements - Ministry of Water Resources (2010)
 Orissa water tariff revision - The Orissa Gazette - Housing and Urban Development
Department (2005)

5. WATER PREVENTION AND CONTROL OF POLLUTION ACT 1974

The government formulated this act in 1974 to prevent the pollution of water by industrial,
agricultural and household wastewater that can contaminate our water sources. Wastewaters
with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are
serious health hazards.

Controlling the point sources by monitoring the levels of different pollutants is one way to
prevent pollution, by punishing the polluter. Individuals can also do several things to reduce
water pollution such as using biodegradable chemicals for household use, reducing the use of
pesticides in gardens, and identifying polluting sources at work places and in industrial units
where oil are or other petroleum products and heavy metals are used.

Excessive organic matter, sediments and infecting organism from hospital wastes can also
pollute our water. Citizen needs to develop a watchdog force to inform authorities to
appropriate actions against different types of water pollution. However, preventing pollution
is better than trying to cure the problems it has created, or punishing offenders.

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The main objectives of the Water Act are to provide for prevention, control and abatement of
water pollution and the maintenance or restoration of the wholesomeness of water. It is
designed to assess pollution levels and punish polluters. The Central Government and State
Government have set up PCBs to monitor water pollution.

The Water Act, 1974 with certain amendments in 1978 is an extensive legislation with more
than sixty sections for the prevention and control of water pollution. Among other things, the
Act provides for constitution of central and State Boards for preventing water pollution,
power to take water samples and their analysis, discharge of sewage or trade effluents,
appeals, revision, minimum and maximum penalties, publication of names of offenders,
offences by companies and Government departments, cognizance of offences, water
laboratories, analysis etc.

Prevention and control of water pollution is achieved through a permit or ‘consent

administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the
State Water Board, subject to any condition they specify. Any person who fails to comply
with a directive of the State cannot, however, entertain in suit under this Act unless the suit is
brought by, or with the sanction of the State Board.

Water Pollution Cess Act, 1977 According to this Act, anyone consuming water has to pay
certain amount of cess depending on:

1. Whether the industry is using water for industrial cooling, spraying in mine pits or boilers
feed,

2. for domestic purposes.

3. in processing, whereby water gets polluted and pollutants are easily biodegradable.

4. In processing whereby water gets polluted and the pollutants are not easily bio-degradable
and are toxic.

Those industries that had installed a suitable treatment plant for the treatment of industrial
effluents can get a rebate of 70 per cent on the cess payable.8

8
http://www.yourarticlelibrary.com/law/acts/summary-of-water-prevention-and-control-of-pollution-act-
1974-of-india/30192

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 6. FUNCTIONS OF THE CENTRAL (POLLUTION CONTROL) BOARD UNDER
THE WATER ACT 1974

1. Subject to the provisions of this Act, the main function of the Central Board shall be to
promote cleanliness of streams and wells in different areas of the States.

2. In particular and without prejudice to the generality of the foregoing function, the Central
Board may perform all or any of the following functions, namely:

a) Advise the Central Government on any matter concerning the prevention and control of
water pollution

b) Co-ordinate the activities of the State Boards and resolve disputes among them

c) Provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problems of water pollution and prevention, control or
abatement of water pollution

d) Plan and organize the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of water pollution on such terms and conditions as the
Central Board may specify

e) Organize through mass media a comprehensive programme regarding the prevention and
control of water pollution

f) Collect, compile and publish technical and statistical data relating to water pollution and
the measures devised for its effective prevention and control and prepare manuals, codes or
guides relating to treatment and disposal of sewage and trade effluents and disseminate
information connected therewith

g) Lay down, modify or annul, in consultation with the State Government concerned, the
standards for a stream or well

h) Plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of water pollution

i) Perform such other functions as may be prescribed

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3. The Board may establish or recognise a laboratory or laboratories to enable the Board to
perform its functions under this section efficiently, including the analysis of samples of water
from any stream or well or of samples of any sewage or trade effluents.

7. FUNCTIONS OF THE STATE BOARDS UNDER THE WATER ACT 1974

a) To plan a comprehensive programme for the prevention, control or abatement of pollution

of streams and wells in the State and to secure the execution thereof

b) To advise the State Government on any matter concerning the prevention, control or
abatement of water pollution

c) To collect and disseminate information relating to water pollution and the prevention,
control or abatement thereof

d) To encourage, conduct and participate in investigations and research relating to problems

of water pollution and prevention, control or abatement of water pollution

e) To collaborate with the Central Board in organizing the training of persons engaged or to
be engaged in programmes relating to prevention, control or abatement of water pollution
and to organise mass education programmes relating thereto

f) To inspect sewage or trade effluents, works and plants for the treatment of sewage and
trade effluents and to review plans, specifications or other data relating to plants set up for
the treatment of water, works for the purification thereof and the system for the disposal of
sewage or trade effluents or in connection with the grant of any consent as required by this
Act

g) To lay down, modify or annul effluent standards for the sewage and trade effluents and for
the quality of receiving waters (not being water in an inter-State stream) resulting from the
discharge of effluents and to classify waters of the State

h) To evolve economical and reliable methods of treatment of sewage and trade effluents,
having regard to the peculiar conditions of soils, climate and water resources of different

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regions and more especially the prevailing flow characteristics of water in streams and wells
which render it impossible to attain even the minimum degree of dilution

i) To evolve methods of utilization of sewage and suitable trade effluents in agriculture) To

evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary
on account of the predominant conditions of scant stream flows that do not provide for major
part of the year the minimum degree of dilution

j) To lay down standards of treatment of sewage and trade effluents to be discharged into any
particular stream taking into account the minimum fair weather dilution available in that
stream and the tolerance limits of pollution permissible in the water of the stream, after the
discharge of such effluents

k) To make, vary or revoke any order

i) For the prevention, control or abatement of discharges of waste into streams or wells

ii) Requiring any person concerned to construct new systems for the disposal of sewage and
trade effluents or to modify, alter or extend any such remedial measures as are necessary to
prevent, control or abate water pollution

2) The Board may establish or recognize a laboratory or laboratories to enable the Board to
perform its functions under this section efficiently, including the analysis of samples of water
from any stream or well or of samples of any sewage or trade effluents,

8. CONCLUSION

Water being an ongoing reliable source around the world, it will not be available forever.
When top energy consumers include the United States and China, along with environmental
factors affecting these two regions, there is no doubt that this valuable resource will be
limited on Earth. Water scarcity is no joke and shouldn’t be taken lightly for it has great
affects on food production, our farm lands, our health, and our economies. Droughts are
common factors of this scarcity of water by drying up land and all the life contained in it.

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The land for crops are shrinking and are in need of more and more water everyday causing
limited amounts of fruits and vegetables to be produced according to the research found by
Daryanto and Gilis. When there is low food production, there come high demands which
affect the economy.

Hence the water laws are created in order to safeguard it from being polluted and wrongly
used and from extinction

9. BIBILOGRAPHY

 Water Laws and Regulations - https://link.springer.com/chapter/10.1057/978-1-137-

57615-6_15
 http://mowr.gov.in/
 Environmental Acts related to water -
http://teachersofindia.org/en/article/environmental-acts-related-water
 http://www.waterencyclopedia.com/La-Mi/Legislation-State-and-Local-Water.html
 WATER LAW IN INDIA - http://www.ielrc.org/content/w0701.pdf

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