Context: Recently, the Chief Ministers of Andhra Pradesh and Odisha will hold talks to clear out all differences with regard to the sharing of Vamsadhara river waters.
Background
- In February 2006, Odisha sent a complaint to the Central Government under Section 3 of the Inter-State River Water Disputes (ISRWD) Act, 1956 regarding its water disputes with Andhra Pradesh pertaining to Inter-State River Vamsadhara. It demanded for the constitution of an Inter-State Water Disputes Tribunal for adjudication.
Grievances of Odisha
- Adverse effect of undertaking the construction of a canal (called a flood flow canal at Katragada, Andhra Pradesh) taking off from the river Vamsadhara.
- The flood flow canal would result in drying up the existing river bed and consequent shifting of the river affecting the groundwater table.
- Failure of Andhra Pradesh to implement the terms of the inter-state agreement relating to use, distribution and control of waters of vamsadhara and its valley.
About the Current dispute
- Andhra Pradesh wants to build the Neradi bridge across the river which will be possible only after Odisha’s consent.
- Odisha argues that the flood flow canal would result in drying up the existing river bed and consequent shifting of the river affecting the groundwater table.
- Odisha also raised the issue of scientific assessment of available water in Vamsadhara at Katragada and Gotta Barrage, Andhra Pradesh and the basis for sharing the available water.
About Vamsadhara River
- River Vamsadhara is an important east-flowing river between Rushikulya and Godavari, in Odisha and Andhra Pradesh.
- The river originates in the border of Thuamul Rampur in the Kalahandi district and Kalyansinghpur in Rayagada district of Odisha.
- It runs for a distance of about 254 kilometres, where it joins the Bay of Bengal at Kalingapatnam, Andhra Pradesh.
- The total catchment area of the river basin is about 10,830 square kilometres.
Two important constitutional articles related the water disputes
Article 262
- Adjudication of disputes relating to waters of inter-state rivers or river valleys.
- Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter State river or river valley
- Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such disputes
Article 263
- Provisions with respect to an inter-State Council: If any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of inquiring into and advising upon disputes which may have arisen between States;
- investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
- making recommendations upon any such subject and, in particular, recommendations for the better coordination of policy and action with respect to that subject, in shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.