The Godavari Water Dispute: An Analysis of the Polavaram-Banacherla Link Project

1. What is the Geography of the Dispute?

The Godavari River, originating in Maharashtra, traverses through Telangana and Andhra Pradesh before it empties into the Bay of Bengal. The Krishna and Penna rivers are also significant in this context as they are peninsular rivers slated to receive diverted waters from the Godavari under the Polavaram-Banacherla Link Project.

Regions Benefited: This ambitious project is designed to provide irrigation and drinking water to Rayalaseema, a drought-prone area in Andhra Pradesh. However, it raises concerns for downstream users in Telangana, who depend on the natural flow of the Godavari for their own irrigation and water supply.

Project Site: The diversion infrastructure is part of the broader Polavaram Irrigation Project, which aims to transfer 200 TMC ft of water from the Godavari to other basins.

2. What Are the Main Issues Involved?

• Violation of Riparian Rights: Telangana asserts that its rights as a riparian state on the Godavari are being neglected due to Andhra Pradesh’s plans to divert significant quantities of water.
• Lack of Prior Consultation: Telangana claims it was not adequately consulted before the proposal for such a major inter-basin diversion was submitted for Central approval.
• Centre’s Role and Bias Concerns: The Central Government's decision to fund 50% of the ₹80,000 crore project, along with their demands for Telangana's project reports under fiscal limits, has raised suspicions of unequal treatment.
• Historical Usage vs. Future Allocation: While the project aims to divert surplus water, Telangana argues that consistent discharges into the sea do not classify water as surplus without mutual consent.
• Federal Financial Controls: Restrictions on Telangana's borrowing under the FRBM Act, contrasted with Andhra Pradesh's support for the link project, are perceived as discriminatory.

3. What is the Legal Framework?

The legal landscape governing this dispute is shaped by several key pieces of legislation:

• Andhra Pradesh Reorganisation Act, 2014: This act regulates water-sharing agreements following the bifurcation of the state. Telangana argues that the current project contravenes provisions designed to ensure fair distribution of water resources.
• Inter-State River Water Disputes Act, 1956: This act allows for the adjudication of disputes through tribunals. Although the Godavari Water Disputes Tribunal (GWDT) was established previously, it does not address new inter-basin transfer schemes like the current one.
• Central Water Commission (CWC): The CWC must evaluate and approve detailed project reports, ensuring that inter-state consultations and impact assessments are conducted.
• Fiscal Responsibility and Budget Management (FRBM) Act: This act constrains state borrowing, and the Centre's interpretation of these limits can affect which state can secure funding for their water initiatives.

4. What is the Way Forward?

• Transparency and Joint Consultation: All future decisions regarding inter-state river waters, especially concerning inter-basin transfers, should involve comprehensive consultation with all affected states.
• Need for Clear Water Surplus Definitions: The categorization of water as surplus must rely on scientific hydrological data, formulated through consensus between the states.
• Unbiased Role of the Union Government: The Centre should ensure impartiality in approving or funding any inter-state water initiatives, steering clear of political biases in sensitive areas.
• Strengthening of Inter-State Mechanisms: Institutions like River Boards, proposed under Article 262, should be activated or established to manage disputes more effectively.