necessarily lead to a deterministic solution. On the other hand, the desire of the
litigants is to have a fixed allocation regime so that the planning and implementation decisions can be more precise. This poses great challenge in adjudicating the
issue of allocation and more so in operationalizing the judgements. The following
paras discuss a case history illustrating many of the points made above.
7.1 Data Availability Provisions for Disputes
A legal instrument in the form of Section 9(A) of the Inter-State River Water
Disputes Act, 1956 (as amended up 2002) also empowers the Union Government to
maintain a data bank and information system at the national level for each river
basin, which shall include data regarding water resources, land, agriculture and
matters relating thereto. Further, it stipulates that the State Government shall supply
the data to the Union Government or to an agency appointed by the Union
Government for the purpose, as and when required. The act also empowers the
Union Government to verify the data supplied by the State Government and appoint
any person or persons for the purpose and take such measures as it may consider
necessary. The said sub-section further postulates that the person or persons so
appointed shall have the powers to summon such records and information from the
concerned State Government as is considered necessary to discharge their functions
under this section. The Section 9(A) of the Inter-State River Water Disputes Act,
1956 (as amended up 2002), is reproduced hereunder.
“9A. maintenance of date bank and information—(1) The Central Government
shall maintain a data bank and information system at the national level for each
river basin which shall include data regarding water resources, land, agriculture,
and matters relation thereto, as the Central Government may prescribe form time to
time. The State Government shall supply the data to the Central Government or to
an agency appointed by the Central Government for the purposes, as and when
required.
(2) The Central Government shall have powers to verify the data supplied by the
State Government, and appoint any person or persons for the purpose and take such
measures as it may consider necessary. The person or persons so appointed shall
have the powers to summon such records and information from the concerned State
Government as are considered necessary to discharge their functions under this
section.”
Further, the National Water Informatics Centre (NWIC) has also been recently
created by the Ministry of Water Resources, River Development and Ganga
Rejuvenation at New Delhi, vide notification dated 28 March 2018. NWIC is
supposed to be a repository of nation-wide water resources data and would be
headed by a Joint Secretary level officer. In this backdrop, National Water
Informatics Centre is expected to provide a “Single Window” source of updated and
validated data on water resources and allied themes. It is further expected that the
152
A. B. Pandya
litigants is to have a fixed allocation regime so that the planning and implementation decisions can be more precise. This poses great challenge in adjudicating the
issue of allocation and more so in operationalizing the judgements. The following
paras discuss a case history illustrating many of the points made above.
7.1 Data Availability Provisions for Disputes
A legal instrument in the form of Section 9(A) of the Inter-State River Water
Disputes Act, 1956 (as amended up 2002) also empowers the Union Government to
maintain a data bank and information system at the national level for each river
basin, which shall include data regarding water resources, land, agriculture and
matters relating thereto. Further, it stipulates that the State Government shall supply
the data to the Union Government or to an agency appointed by the Union
Government for the purpose, as and when required. The act also empowers the
Union Government to verify the data supplied by the State Government and appoint
any person or persons for the purpose and take such measures as it may consider
necessary. The said sub-section further postulates that the person or persons so
appointed shall have the powers to summon such records and information from the
concerned State Government as is considered necessary to discharge their functions
under this section. The Section 9(A) of the Inter-State River Water Disputes Act,
1956 (as amended up 2002), is reproduced hereunder.
“9A. maintenance of date bank and information—(1) The Central Government
shall maintain a data bank and information system at the national level for each
river basin which shall include data regarding water resources, land, agriculture,
and matters relation thereto, as the Central Government may prescribe form time to
time. The State Government shall supply the data to the Central Government or to
an agency appointed by the Central Government for the purposes, as and when
required.
(2) The Central Government shall have powers to verify the data supplied by the
State Government, and appoint any person or persons for the purpose and take such
measures as it may consider necessary. The person or persons so appointed shall
have the powers to summon such records and information from the concerned State
Government as are considered necessary to discharge their functions under this
section.”
Further, the National Water Informatics Centre (NWIC) has also been recently
created by the Ministry of Water Resources, River Development and Ganga
Rejuvenation at New Delhi, vide notification dated 28 March 2018. NWIC is
supposed to be a repository of nation-wide water resources data and would be
headed by a Joint Secretary level officer. In this backdrop, National Water
Informatics Centre is expected to provide a “Single Window” source of updated and
validated data on water resources and allied themes. It is further expected that the
152
A. B. Pandya