Land Mark Judgement of the Hon'ble Supreme Court of India regarding Minimum Flow in River Yamuna
Recently, on the 14th May '99, the Supreme Court of India had ordered that a minimum flow of 10 cumics (353 cusecs) must be allowed to flow throughout the river Yamuna. The Hon'ble Court held repeated hearings in view of the crises situation pertaining to the availability of clean water in the Yamuna basin and the pollution of ground water. After hearing all the respondents and the petitioner, they were able to arrive at the above-mentioned land-mark judgement. The following important matters had been submitted to the Hon'ble Court during the course of the hearings:-
1. The existence of a close relationship between the level of water in a river and the rate of re-charge of ground water. The latter is used by most of the farmers including those being supplied with canal waters. Poor farmers are, however, entirely dependent on ground water and have to install deep borings due to the fall in the water table level.
2. Since water table has been falling due to lack of adequate recharge, the cost of irrigation for nearly 95% of Indian farmers has increased steeply.
3. With no fresh water flowing in the river Yamuna beyond the lower barrages and very little (1.5% only) flowing in the river Ganga beyond Nanora, the two rivers become sewage drains over long stretches and the recharge of ground water from the rivers in such areas, is with polluted waters. Unfortunately the highly polluted ground population, spreading diseases and killing children, who have low resistence to hepatitis 'B', cholera and typhoid, etc.
4. In the case of the Ganga, bacteriophage which is the essence of "Ganga Jal", kills bacteria, but is unfortunately itself being destroyed by the toxic effluents from towns like Farrukhabad and Kanpur. For nine months of the years there is no "Ganga Jal" in the river Ganga.
5. Fisheries have been destroyed in both rivers and lacs of fishermen have been deprived of employment. The only fresh water dolphin of the world the Ganga "Sonse" is on the endangered species list.
6. Navigation in the river Ganga, which had flourished till 10 to 15 years ago has come to grinding halt due to very shallow depth of this great river.
7. Pilgrims, who bathe in these holy rivers and drink some of their waters through the religious practice of 'Aachman' are in danger of being affected by serious diseases, and are thereby denied the security of practicing their religion, guaranteed by Article 25 of the Constitution of India.
8. Low flows in the Ganga is also resulting in the very small recharge of aquifers in Bengal, which has led to little dilution with toxins and arsenic present in the deeper aquifers, leading to serious health hazards for millions of people in over half the districts of this State.
Due to shortage of time and in view of the crisis in the Yamuna basin, the Hon'ble Supreme Court had given the above mentioned interim order only with regard to river Yamuna and would be taking up the case of Ganga after the summer vacation. This land-mark judgement has numerous implications for the planning and execution of river valley projects, some of which are mentioned below:
a) It will not be possible for planners to exploit the rivers and streams to the last drop of their blood; water being the life blood of rivers.
b) The planners and governments of the States and at the Centre must take into account the necessity for adequate flow in all rivers and streams.
c) Bodies like the Central Water Commission [CWC] and the National Commission for the Integrated Water Resource Development Plan will have to understand that the water storages below the surface are the best ones provided by nature itself, and that these afford most of the irrigation for Indian farmers today. Since the CWC is primarily responsible for irrigation, their failure to protect the ground water resource and provide adequate recharge for this resource through adequate flow in rivers, must be considered to be a serious dereliction of duty.
d) Sewage treatment is the primary responsiblity of the municipal bodies of our towns and cities and the present methodology being used by them, has obviously failed. Thus, there is an urgent need to try out natural technologies that have succeeded and that which have been used in 'Eco-Parks' designed by PAANI MORCHA.
e) The so-called multi purpose projects of India have had numerous negative effects, and their claimed successes have been in doubt since the seventies. Regrettably a review of these projects, called for by the Public Accounts Committee of Parliament in early eighties never took place. Some two years later the then Prime Minister of India Mr. Rajeev Gandhi again called for such a review. Regrettably, again no action was taken.
g) There is an urgent need to take corrective measures against the negative effects of many of the mega projects of India. These include prestigious ones, such as the one on the Kosi, the Tawa section of the Narmada project and many others, including small ones in Gujarat, where the ingress of sea the water into the ground water of the coastal districts due to no fresh water recharge, has been causing havoc.
h) The importance of protecting our glaciers and forests, of which the later needs to be taken up on a war-footing.
It would seem that the most of the political leadership of this country is quite unaware of the looming water crisis, and is content to be advised only by bureaucrats and technocrats, who have a vested interest in the maintenance of huge establishments for the execution of mega projects pertaining to our rivers and streams. It would also be seen that politicians, bureaucrats and technocrats are very happy with the large budgetary allocations made for these projects, much of which could be symphoned off through corruption. It must be said with a great deal of sorrow that the failure to carry out the review of our mega multi-purpose projects sought by the Public Accounts Committee of Parliament and later by Mr. Rajeev Gandhi, has never carried out. If this were indeed to be done, many lessons will be learnt, and the mind-set about the multiple utility of such projects, sans handicaps will be removed. As has been realized in the west, we shall understand:-
[i] The many advantages of adequate river flows, including ground water recharge..
[ii] The need to hand over the management of rivers to the Environment Ministry or department, as in the U.K. and USA.
[iii] That ground water is the best water storage in India, and that there is an urgent need to protect its quality and abundance.
[iv] Adequate sewage treatment can be done using natural technologies at low cost and with far better results than those currently in vogue.
[v] That Delhi's requirements could be met entirely from the Yamuna and its local resources, if better water management tehniques are used, and if the distribution of waters to the northern states is rationalised. In order to achieve the latter, the Beas allocation to Delhi could be tranferred to Haryana, and the Ganga one to U.P., whilst increasing Delhi's allocation from Yamuna by like amounts from the shares of the other two states. Delhi could, of course, continue to pay for these allocations as heretofore. Such rationalization will obviate the need for expensive canals and cement pipes for transfer of large quantities of water, involving transfer losses.
[vi] The losses in the river to ground water natural transfers are far less than those through canals, and at virtually no cost.
Conclusion
It is obvious that a campaign to change the water management practices being followed in India is an urgent necessity. This could only be done by the press or with the full cooperation of the fourth estate.
Water Management to Meet Delhi's Requirements
At present Delhi has allocation of waters form the Yamuna, the Ganga and the Beas [Bhakra project], in addition to ground water resources, with the total availability, as follows:
1- Yamuna...............................................[allocation 0.724 BCM]
[utisable........................................................0.500 BCM]
2- Beas....................[allocated 0.2464 BCM]......usable 0.1724 BCM
3- Ganga..................................................................0.1800 BCM
4- Ground water Govt. wells.............................0.012 BCM
Private wells...........................0.010 BCM
5- Treated sewage....................................................0.100 BCM
Total.............0.9645 BCM
The above capacity can be reinforced through the following means:
[a] Flood plain reservoirs at Wazirabad, Barswal. Badapur. Nala Mandela and at Nizamuddin bridge providing additional 0.168 BCM.
[b] Rain water reservoirs at Tilpat/ Tughlakabad 0.010 BCM
[c] Reservoirs in the NCR at Najafgarh Jheel and Hindon-Ganga bed with the capacity 0.285 BCM.
[d] Harvesting in existing tanks and wells to the extent of 0.010 BCM.
[e] Revival of dryed up streams [through afforestation] of Delhi with capacity 0.015 BCM.
[f] Increased ground water output in government and privated wells due to better recharge of aquifers through greater flow in river Yamuna, yielding additional 0.033 BCM.
[g] Greater output of treated sewage of higher quality in 9 eco-parks designed by Paani Morcha to the extent of additional 0.500 BCM.
It can be seen that the above measures would yield an additional 1.011 BCM of usable clean water, giving Delhi sufficient waters to meet its increased requirements of the next century and obviating the need to bring Tehri dam waters to Delhi.