Interstate River Water Disputes Act
| The Interstate River Water Disputes Act, 1956 | |
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| An Act to provide for the adjudication of disputes relating to waters of inter-State rivers and river valleys. | |
| Citation | Act No. 33 of 1956 |
| Enacted by | Parliament of India |
| Date assented to | 28 August 1956 |
The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley. Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments. This Act further has undergone amendments subsequently and its most recent amendment took place in the year 2002.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). However, union government can make laws on regulation and development of inter-State rivers and river valleys when expedient in the public interest (entry 56 of union list, Schedule 7 of Indian Constitution). When public interest is served, President may also establish an interstate council as per to inquire and recommend on the dispute that has arisen between the states of India. IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness water of an interstate river/ river valley.
IRWD Act is applicable only to interstate rivers / river valleys. An action of one state should affect the interests of one or more other states. Then only water dispute is deemed to have arisen under IRWD Act (section 3). It can be divided into two independent parts for clarity purpose in understanding the techno-legal application of IRWD Act
A downstream state’s action can affect the upstream state interest only in one case. I.e. when a downstream state is building a dam / barrage near its state boundary and submerging the territory of an upstream state on permanent / temporary basis. Other than this action, no other action of a downstream state could affect the upstream states interest which they have been using for economical, ecological and spiritual/ religious aspects. The meaning of the word ‘interest’ in this context is concern / importance / significance / relevance / consequence of losing the prevailing water use or purpose.
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