Indian Water Policy In A Changing Environment

This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.

In its 1908 decision for Winters v. United States, the Supreme Court affirmed a lower-court ruling that the United States and the Gros Ventre and Assiniboine Indians had reserved rights to water in the Milk River through an 1888 treaty which created the Fort Belknap Indian Reservation in Montana. Since 1908 the Winters decision, or Indian reserved water rights doctrine, has played an important and controversial role in the West. Indian Reserved Water Rights is the first book-length historical study of the Winters case and the early use of the reserved water doctrine. In the book, John Shurts explains how the litigation and its outcome fit well within the existing legal context and into ongoing efforts at water development in the Milk River Valley. He also examines the life of the Winters Doctrine during its earliest years, primarily through a study of water-rights litigation on the Uintah Reservation in Utah.

This book reviews and analyzes emerging challenges in water policy, governance and institutions in India. Recent times have seen the contours of water policy shaped by new discourses and narratives; there has been a pluralization of the state and a changing balance of power among the actors who influence the formulation of water policy. Discourses on gender mainstreaming and Integrated Water Resource Management (IWRM) are influential, though they have often remained rhetorical and difficult to put into practice. Debate over property rights reform and inter-linking of rivers has been polarized. At the same time, there has been a rising disenchantment with policy initiatives in participatory irrigation management, cleaning up of water bodies and pollution control. Fast depletion of groundwater resources and the importance of adopting new irrigation methods are getting increased focus in the recent policy dialogue. The contributors review current debate on these and other subjects shaping the governance of water resources, and take stock of new policy developments. The book examines the experience of policy implementation, and shows where important weaknesses still lie. The authors present a roadmap for the future, and discuss the potential of alternative approaches for tackling emerging challenges. A case is made for greater emphasis on a discursive analysis of water policy, to examine underlying policy processes. The contributors observe that the ongoing democratization of water governance, coupled with the multiplication of stresses on water, will create a more visible demand for platforms for negotiation, conflict resolution and dialogue across different categories of users and uses. Finally, the authors propose that future research should challenge implicit biases in water resources planning and address imbalances in the allocation of water from the perspectives of both equity and sustainability.

This book explores the conceptual and theoretical frameworks of Right to Water and analyzes its values in the context of water policy frameworks of the union governments in India. It uses a qualitative approach and combines critical hermeneutics with critical content analysis to introduce a new water policy framework. The volume maps the complex argumentative narrations which have emerged and evolved in the idea of Right to Water and traces the various contours and the nature of water policy texts in independent India. The book argues that the idea of Right to Water has emerged, evolved and is being argued through theoretical arguments and is shaped with the help of institutional arrangements developed at the international, regional, and national levels. Finally, the book underlines that India’s national water policies drafted respectively in 1987, 2002 and 2012, are ideal but are not embracing the values and elements of Right to Water. The volume will be of critical importance to scholars and researchers of public policy, environment, especially water policy, law, and South Asian studies.

India has been traditionally well-endowed with large freshwater reserves, but increasing population, urbanization and agricultural growth in recent decades are causing overexploitation of surface and groundwater. As consumption of water grows, wastewater increases significantly and in the absence of proper measures for treatment and management, is polluting existing freshwater reserves. As a result, water pollution has emerged as one of the nation’s gravest environmental threats. This book draws a link between water pollution generated by different industries and the various economic activities of the Indian economy using the Input-output framework. It constructs a detailed water pollution coefficient matrix involving different types of water pollutants. The book estimates the total amount of water pollution generated directly and indirectly in different sectors and activities, and also calculates the water pollution content in India’s foreign trade sector. It also accounts for defensive expenditure from water pollution and estimates Green GDP for the extent and scope of environmental challenges. Analysis of the result indicates the variation in the pollution content of different economic activities. Finally, the book offers a portfolio of policies and assesses the implications of such policies on pollution generation in India.