The Inter-State River Water Disputes Act, 1956
The Inter-State River Water Disputes Act, 1956, Act No. 33 of 1956, was enacted by Parliament on 28 August 1956 to provide a process for deciding disputes between State Governments over inter-State rivers and river valleys. It extends to the whole of India and authorises the Central Government to establish Water Disputes Tribunals and implementation schemes. The supplied text reflects later amendments to the Act.
What the Act governs
The Inter-State River Water Disputes Act, 1956 governs disputes or differences between two or more State Governments concerning the waters of an inter-State river or river valley. A water dispute may concern:
- The use, distribution or control of inter-State river water.
- The interpretation or implementation of an agreement about that water.
- A water rate imposed contrary to the Act's prohibition.
A State Government may ask the Central Government to refer a dispute to a Water Disputes Tribunal where the State or its inhabitants are, or are likely to be, prejudicially affected by another State's action, proposed legislation, failure to exercise powers, or failure to implement an agreement.
Tribunal process
The Inter-State River Water Disputes Act, 1956 requires the Central Government to constitute a Water Disputes Tribunal when negotiations cannot settle a dispute. The Tribunal consists of a Chairman and two other members nominated by the Chief Justice of India from serving judges of the Supreme Court or a High Court. Assessors may also be appointed to advise it.
Key provisions include:
- The Tribunal investigates the referred matters and reports its findings and decision to the Central Government.
- A decision is generally to be given within three years. The Central Government may extend that period by up to two years for unavoidable reasons.
- The Central Government or a State Government may seek explanation or guidance within three months of the decision.
- The Central Government must publish the decision in the Official Gazette.
- Once published, the decision is final and binding and has the same force as an order or decree of the Supreme Court.
Implementation and enforcement
The Inter-State River Water Disputes Act, 1956 allows the Central Government to create schemes for implementing a Tribunal decision. A scheme may establish an authority, define its powers and procedures, require data, create a fund, provide for staff and reporting, and permit regulations with prior Central Government approval.
A Tribunal may summon people, examine them on oath, require documents or data, commission witness examinations or local investigations, and require State Governments to conduct or permit surveys and investigations.
Relevance to Tamil Nadu landholders
The Inter-State River Water Disputes Act, 1956 does not set out procedures for property sale, title or registration. Its direct process is between State Governments. However, Tribunal decisions and implementation schemes may govern the use, distribution or control of inter-State river water affecting a State and its inhabitants, including water connected with land, agriculture or other uses.
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Common questions
Can an individual landowner file a water dispute directly with a Tribunal?
The Act provides for a State Government to request the Central Government to refer a water dispute. It does not provide the described referral process directly to individual landowners.
Is a Water Disputes Tribunal decision binding on the States?
Yes. After publication by the Central Government in the Official Gazette, the decision is final and binding on the parties and has the same force as an order or decree of the Supreme Court.
Can one State charge another State an extra fee because inter-State river works are located within its borders?
No. A State cannot impose a seigniorage, additional rate or fee solely because works for conserving, regulating or using the inter-State river's water are located within that State.
Does the Act directly change my land title or registration?
The Act addresses disputes between State Governments over inter-State river water. The supplied text does not create procedures for changing private land title or registration.
