Abstract
Multiple problems in India’s water sector necessitated governance reforms in the sector. Independent regulatory authorities in water (W-IRAs) are arrowheads of these reforms. Analysis of W-IRAs and related reforms is needed to assess their implications on ‘water security and sustainability’. This chapter presents findings of such an analysis, namely, of legal documents, of the W-IRA functioning, and lessons from the regulatory interventions by the authors. The analysis, using an evolved framework, encompasses: (a) system for tariff determination, (b) financial regulation, and (c) regime of water rights. The paper concludes that replication of current W-IRA model may aggravate the threats to water security and sustainability.
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Notes
- 1.
Refer project information and appraisal documents of following projects: Rajasthan Water Sector Restructuring Project, Andhra Pradesh Water Sector Improvement Project, Karnataka Urban Water Sector Improvement Project.
- 2.
Refer project information and appraisal documents of following projects: Maharashtra Water Sector Improvement Project, Madhya Pradesh Water Sector Restructuring Project, Uttar Pradesh Water Sector Restructuring Project.
- 3.
The law in ArP is ad verbatim copy of the Maharashtra Law.
- 4.
Refer para 12.39 and 12.57 of the Report of the Thirteenth Finance Commission 2010–2015, Government of India, December 2009.
- 5.
The Maharashtra Groundwater (Development and Management) Bill, 2009, was tabled in this regard in the state legislative assembly and its approval stands pending since the same is referred to Joint Select Committee for review.
- 6.
The other two critical areas that can have some implications for ‘water security’, viz., ‘reforms affecting environmental aspects’ and ‘reforms shaping political legitimacy of governance’ are not dealt within this chapter due to limitations on length of the chapter. However, they are discussed in detail in the unpublished working paper titled ‘Security and sustainability of water sector: Assessing the role of reforms related to IRAs in India’, which can be availed from the authors.
- 7.
These laws have been referred in the paper as IRA laws. Following are the IRA laws studied for the paper: MWRRA, 2005 (MWRRA); Uttar Pradesh Water Resources Regulatory Commission, 2008 (UPWMRC); Andhra Pradesh Water Resources Regulatory Commission, 2010 (APWRRC); Arunachal Pradesh Water Resources Regulatory Authority Act, 2006 (ArPWRRA). The IRA law in ArP is a word-to-word copy of the law in Maharashtra and hence a separate mention of the law in ArP is not necessarily included in the subsequent sections of the analysis.
- 8.
Refer Section 14(1) of MWRRA Act.
- 9.
Refer Section 14(1)(a) of APWRRC Act.
- 10.
Refer Section 12(11) of MWRRA Act and ArPWRRA Act.
- 11.
The petition, dated 20th April 2010, was filed against the decision of the High Power Committee to divert water from the Hetavne irrigation project in the Raigad district of Maharashtra. The petition was filed by Prof. N D Patil, advocate Surekha Dalvi, and the authors of this chapter.
- 12.
This petition was filed by Mr. B.T. Deshmukh and others against the diversion of water from Upper Wardha irrigation project. The information was obtained through personal communication.
- 13.
Refer Section 65 (3) and (4) of Draft Bangladesh Water Act, July, 2009. The differentiation based on level of consumption in included in the para 14.4 of the National Water Policy of Bangladesh (1999).
- 14.
Refer Chap. 6 of the following document circulated by MWRRA for consultation: ‘Approach Paper On Developing Regulations for Bulk Water Pricing in the State of Maharashtra’, submitted to MWRRA, September 2008.
- 15.
Refer: MWRRA 2010. This is the document finalized as per decision of MWRRA after consultations.
- 16.
Refer para 8.1 of MWRRA 2010.
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Wagle, S., Warghade, S., Pol, T., Sathe, M. (2015). Water Security: Assessing the Role of Reforms Related to Independent Regulatory Authorities in India. In: Gurtoo, A., Williams, C. (eds) Developing Country Perspectives on Public Service Delivery. Springer, New Delhi. https://doi.org/10.1007/978-81-322-2160-9_8
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