Polavaram–Banakacherla Link Project (PBLP)

The Polavaram–Banakacherla Link Project (PBLP) is a proposed inter-state water diversion project aimed at alleviating water scarcity issues in the Rayalaseema region of Andhra Pradesh. The project is expected to significantly impact water distribution and management between the states of Andhra Pradesh and Telangana, leading to ongoing conflicts.

Objective of PBLP:

• Water Scarcity Solution: The main goal of the PBLP is to address the water scarcity in the drought-prone Rayalaseema region by diverting 200 TMC (thousand million cubic feet) of surplus Godavari floodwaters to the Krishna and Penna river basins.

• Water Transfer Mechanism: Water would be drawn from the Polavaram Dam, pass through the Prakasam Barrage, be lifted to the Bollapalli reservoir, and then tunneled under the Nallamala Forest to the Banakacherla reservoir in Rayalaseema.

Significance of PBLP:

• Agricultural Sustainability: The project aims to enhance irrigation, provide drinking water supply, and promote agricultural sustainability, improving overall water security in southern Andhra Pradesh.

• Impact on Livelihoods: The diversion of water would help improve the livelihoods of people dependent on agriculture in the region by ensuring more reliable water sources.

Key Challenges Related to the Project:

1. Alleged Violation of the Andhra Pradesh Reorganisation Act, 2014:

   • Telangana's Objection: Telangana claims that Andhra Pradesh violated the provisions of the Andhra Pradesh Reorganisation Act (2014), which mandates that new inter-state river projects must receive prior approval from the Apex Council, Krishna River Management Board (KRMB), and the Central Water Commission (CWC).

2. Disputed Surplus Water Claims:

   • Water Allocation Dispute: Telangana disputes Andhra Pradesh’s claim that the 200 TMC of Godavari floodwaters is "surplus," pointing out that no competent authority has adjudicated or approved this allocation.

3. Environmental Concerns & Pending Clearances:

   • The Polavaram Project received environmental clearance in 2005, but the Expert Appraisal Committee (EAC) has noted the need for fresh environmental scrutiny and CWC consultation, especially due to the submergence disputes with Odisha and Chhattisgarh.

4. Unauthorized Inter-Basin Diversion:

   • Telangana raises concerns over the unauthorized diversion of Godavari waters into the Krishna Basin without mutual consent. This could potentially reduce water availability for its own projects, further exacerbating tensions.

5. Breach of Cooperative Federalism:

   • Telangana views Andhra Pradesh’s unilateral actions as a breach of cooperative federalism, bypassing necessary consensus mechanisms that are crucial for managing shared river resources between states.

Mechanism for Inter-State River Water Disputes Resolution in India

India has established various legal frameworks and mechanisms to address inter-state water disputes, particularly focusing on river water sharing.

Constitutional Provisions:

• Article 262 empowers the Parliament to enact laws for adjudicating disputes related to the use and distribution of inter-state river waters.

  • Article 262(1): Grants Parliament the authority to create a legal framework for resolving such disputes.

  • Article 262(2): Allows Parliament to bar the jurisdiction of the Supreme Court and other courts in such matters.

• Entry 17 (State List): States control water-related issues like irrigation, canals, drainage, and water supply.

• Entry 56 (Union List): The Union Government can regulate and develop inter-state rivers and valleys in the public interest.

Statutory Provisions:

• River Boards Act, 1956: Allows the Central Government to establish River Boards for coordinated development and management of inter-state rivers. However, no River Board has been constituted as of now.

• Inter-State Water Disputes Act, 1956: Provides a legal framework for the resolution of inter-state water disputes. Key steps under this Act:

  • Initial Negotiation: Involves the Centre negotiating with the concerned states.

  • Water Disputes Tribunal: If negotiations fail, a Water Disputes Tribunal is set up, and its award is binding.

  • Timelines: The Act was amended in 2002 to introduce time-bound adjudication:

    • 1-year time frame to set up the tribunal.

    • 3-year time frame to issue a decision.

Role of the Supreme Court:

• Although Article 262(2) bars the jurisdiction of courts, the Supreme Court has intervened in related matters (e.g., interpreting or enforcing tribunal awards) under Article 136.

Key Issues in Inter-State Water Disputes:

1. Delayed Tribunal Awards:

   • Many tribunals take decades to resolve disputes (e.g., Cauvery, Krishna), and lack of time-bound mechanisms hampers early resolution.

2. Conflicting Data:

   • Disputes often arise from conflicting data provided by states. For instance, in the Mahanadi dispute (Odisha vs. Chhattisgarh), unverified water flow data led to complications.

3. Judicial Overlap:

   • States often approach the Supreme Court under Articles 131/136, despite Article 262 barring such intervention, leading to legal ambiguity and parallel proceedings.

4. Weak Enforcement:

   • Even when tribunals issue awards, enforcement is often delayed or politically stalled, especially if the central notification is pending.

Measures for Effective Resolution of Inter-State Water Disputes:

1. Time-Bound Adjudication:

   • Amend the Inter-State River Water Disputes Act, 1956 to set clear timelines for tribunal adjudication and establish a permanent tribunal with technical experts.

2. Reliable Data & River Basin Authority:

   • Establish an independent river basin organization for transparent, real-time water data to prevent disputes based on conflicting claims.

3. Promote Cooperative Federalism:

   • Encourage pre-litigation negotiations and use platforms like the Inter-State Council to build trust and consensus between states.

Conclusion

The Polavaram–Banakacherla Link Project is at the center of a growing conflict between Andhra Pradesh and Telangana, with implications for water-sharing agreements and cooperative federalism in India. Effective resolution of such disputes requires robust legal mechanisms, data transparency, and cooperative engagement between states. Only through collaborative efforts can inter-state river disputes be resolved in a fair and timely manner.