The Ravi and Beas Waters Tribunal, formed in 1986, has got an extension of another year to resolve water sharing issues between Punjab, Haryana and Rajasthan.

Reasons for ISWD

Asymmetric access to river water resources
- Geographical factors: When rivers flow across state boundaries, upper riparian states have advantageous access to river water.
- State Reorganisation: Post- independence reorganisation of boundaries of states have emphasised less on the river basin-based boundary distribution.
Increasing Demand: Rapid population growth, agricultural expansion, urbanisation, and economic development have significantly increased the demand for water.
Development Projects: Disputes often arise when one state develops major water resource projects like dams (e.g., Narmada, Cauvery River basin disputes).
Fragmented water governance approach
- Union Government: Lack of structure for the governance of interstate water disputes.
- State Government: Divergent perspective and reductionist water management strategy.
- Unscientific Approach: Lack of integrated river basin based management.
Lack of proper data: Non-uniformity in data collection of river water related to its flow, volume etc.

Legal and Constitutional Framework to resolve dispute

Article 262: Provides for the adjudication of inter-state water disputes
- Parliament by law can provide for the adjudication of any inter-state water dispute ( Article 262(1) )
- Parliament may also provide that neither Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint ( Article 262(2))
Exercising its power under the Article 262 of the Constitution Parliament has enacted two laws
- The River Boards Act, 1956: This empowers Union Government to establish River Boards for the regulation of inter-state rivers and river valleys in consultation with State Governments.
- Inter-State River Water Disputes Act, 1956: Union Government can establish a tribunal for the adjudication of inter-state river water dispute if requested by the state.
Seventh schedule
- Entry 56 of the Union List: Regulation and development of inter-state rivers.
- Entry 17 of the State List: Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I.

Challenges in resolving ISWD

Delays: Extreme delays are a major issue, occurring in three main areas
- Constituting Tribunals: e.g. Cauvery Tribunal formed in 1990 after decades of pending requests.
- Tribunal Award Delivery: e.g., Narmada: 9 years, Krishna: 4 years, Godavari: 10 years.
- Award Notification and Enforcement: Delays in publishing tribunal orders in the Official Gazette (e.g., Krishna: 3 years, Godavari: 1 year) lead to uncertainty in enforcement.
  - ISRWD Act, 1956 specifies that a Tribunal's decision, once published in the Official Gazette, "shall have the same force as an order or decree of the Supreme Court."
Politicisation: Water disputes are frequently dealt with more politically than scientifically, disregarding environmental, social, and cultural aspects.
Lack of Stakeholder Participation: Traditional approaches often ignore the interests and concerns of state governments, local communities, indigenous populations, and other stakeholders.
Intervention of Supreme Court: States taking the issues to Supreme Court results in making the award of tribunals practically ineffective.
- While the Supreme Court cannot adjudicate the original dispute, it can interpret the decisions of a tribunal, and may direct parties back to the tribunal for further clarification if needed.
- For e.g. The Cauvery Water Disputes Tribunal has submitted its reports and decision in 2007. Further, the party states have filled SLPs in the Supreme Court against Cauvery tribunals report. Consequently, Supreme Court gave a final verdict on this dispute on water distribution, including a slight change in water allocation.

Other measures taken to resolve ISWD

Inter-State River Water Disputes (Amendment) Bill, 2019
- Disputes Resolution Committee to resolve inter-state disputes amicably.
- Establishment of single Inter-State River Water Disputes Tribunal with multiple benches.
- Strict timeline for completion of award.
- Data bank at the central level for each river basin
Draft River Basin Management Bill, 2018
- Objective: The bill proposes principled approach of participation, cooperation, equitable and sustainable use of water, integrated river-basin management etc.
- Creating River Basin Master Plan
- Establishment of River Basin Authority
National River Linking Project: It aims to transfer water from surplus region to deficit region potentially reducing inter-state water disputes.

Way forward

Cooperative Federalism: Union Government should play the role of facilitator and mediator to reach mutually acceptable solution among states.
- Creation of Forum for Dialogue and Discussion on ISWDs under the NITI Aayog.
Policy Intervention
- Bringing the ISWDs under the Inter-State Council (Article 263 )
- Amendment in Inter-State River Water Disputes Act, 1956 to make the functioning of Tribunals more effective.
ISWD (Amendment bill) and River Basin Management Bill, 2018: These proposed laws should be put on for consultation to expedite dispute resolution and address delays in the existing tribunal system.
Data Bank and Information System: A national-level data bank and information system for river basins is recommended to support informed decision-making
- Use AI to collect river basin data, flow management and end use of river water.
Stakeholder Engagement: Community participation in planning and management of water resources.