CONTENT

Page no
INTRODUCTION 2
2. WATER AND INDIA 2
THE FOCUS; RAJASTHAN 3
4. WATER RIGHTS 4

HISTORY: WHEN THE EVOLUTION BEGAN 5

6. WATER IS EVERYONE’S RIGHT BUT STRUCTURES ARE NOT 5

Active Involvement of the community

Distribution
Customary Rights
Legal Rights

Customary Rights

Surface Water Rights

6.2.2.2 Groundwater Rights
6.2.2.2.1 Economic Logic of Overexploitation of groundwater rights
6.2.2.2.2 Acts governing water rights in Rajasthan
6.2.2.2.3 Water policies in a perspective
6.2.2.2.4 National Water Policy 2002

1. Introduction
Elixir of Life.

Water and India

 3. The Focus: Rajasthan

3.1 Ground Water Scenario

3.2 Surface Water Scenario

4. Water Rights

5. History: - When the evolution began

dominium profit a pendre
Riparian Rights.

Natural Rights
IndividualGroup rights
Negative Rights

6. Water is everyone’s right but structures are not

 The Federal Customary Past:

 The Centralized Present:

6.1 THE FEDERAL CUSTOMARY PAST
•
•

6.1.1 PERIOD BEFORE 1857

jagirdars
.

6.1.1.1 Active Involvement of the Community in Water resources

management
SatnamiOdbundsnadisSutharLoharPaki agor paytan“Poornima”“Amavasya”
‘Gochar-Agor-Oran’ AgorOran

nahri
Khadin Khadins dhoras, calledDarbar Khadins KhadinKhadinsDying Wisdom,

6.1.1.2 Distribution: peech ka kuan,

nga Dying Wisdom

•
•
•

6.1.1.3 Customary Rights:

Customary ground water rightskundia

6.1.1.4 Legal Rights:

Dharma, Royal OrderCustom ,
6.1.2 PERIOD AFTER 1857 TILL THE INDIAN INDEPENDENCE

6.1.2.1 Customary Rights

6.1.2.2 Legal Rights

. in the same general manner that it had the power to take land for a public purpose, and to
redistribute the water in the way most conducive to the good of the community at large
6.2 THE CENTRALISED PRESENT

Khadins, KhadinKhadins. Dying Wisdom, 1997, 138)

6.2.1 Customary Rights

Dastoor Ganwai. Dastoor GanwaiDastoor Ganwai

6.2.2 Legal Rights

statute, precedent doctrine

lands

6.2.2.1 Surface water Rights -

6.2.2.2 Ground water Rights -

6.2.2.2.1 The Economic Logic of Overexploitation of Groundwater: -

The Tragedy of the Commons”.The Tragedy of the Open Access”.
6.2.2.2.2 Acts governing Water rights in Rajasthan

 The Rajasthan Minor Irrigation Act, 1953

 The Rajasthan Panchayat Act, 1953:Panchayat

 The Rajasthan Irrigation and Drainage Act, 1954:

 The Rajasthan Irrigation and Drainage Act and rules, 1955:

 The Water (Prevention and Control of Pollution) Act, 1974:

 The Rajasthan Water Prevention and Control of Pollution Board

 The Water (Prevention and Control of Pollution) Cess Act, 1977:

Draft Ground water Bill, 1997 (Pending):

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6.2.2.2.3 Water Policies in a perspective:

6.2.2.2.4 National Water policy, 2002

The policy should also recognize that the community is the rightful custodian of water. Exclusive
control by the government machinery, and the resultant mindset among the people that water
management is the exclusive responsibility of the government, cannot help us to make the
paradigm shift that to participative, essentially local management of water resources. Both the
Centre and the State governments should, therefore, actively seek the involvement of the
community at all levels — from decision-making to monitoring the implementation of decisions.

Wherever feasible, public-private partnerships should be encouraged in such a manner that we

can attract private investment in the development and management of water resources.
Nowhere is community control more needed than in the augmentation, management, and
equitable use of groundwater resources. I would like the State Governments to actively
encourage community action, wherever necessary with appropriate group incentives, to harvest
rainwater in order to recharge ground water resources.”

‘The entire body of water related laws and regulations will eventually be amalgamated into a
State Water Law, which would, in addition to the above mentioned subjects, establish the State
ownership of all the water resources within the state”…and the requirement for any public or
private entity or individual to obtain from the government a permit to abstract surface water or
groundwater, or utilise it, to sell or distribute it, or to dispose off after use’
6.3 LOOKING INTO THE FUTURE

i. Water from where?

de facto

www.rajirrigation.gov.in)

ii. Ownership and Control to Whom?

Panchayati Raj,

iii. Traditional systems – A solution?

iv. Ownership rights: An asymmetry

V. Privatisation

•
•
vi. Urban Water Supply
 REFERENCES
1. Books
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2. Periodical Articles
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3. Working Papers
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4. Websites

 rajasthan
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 waterrajasthan
 water
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 water
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 policy
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 water
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5. Others
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