Minutes of meeting held in the chamber of Shri Kamalbhai ... · PDF fileopinion for Bhadbhut...

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Minutes of meeting held in the chamber of Shri KamalbhaiTrivedi Advocate General State of Gujarat on dtd 382012 at1830 hrs and 21082012 at 1900 hrs regarding vetting of thereport prepared by Gujarat National law University on legalopinion for Bhadbhut Barrage Project

A meeting was held in the chairmanship of Advocate General Shri

Kamalbhai Trivedi on 382012 at 1830 hrs regarding vetting of the

report prepared by Gujarat National Law University (GNLU) on Legal

Opinion for Bhadbhut Barrage Project The following officials remained

present

(1) Dr Bimal N Patel Director GNLU

(2) Dr M S Patel Secretary (Kalpasar) Government of Gujarat

(3) Shri U S Chandorikar Chief Engineer amp Add Secretary (K-2)Kalpasar Department Government of Gujarat

(4) Shri A B Thakkar Superintending EngineerProject Implementation Unit-2 Vadodara

Chairman of the meeting welcomed all and requested to present the

agenda details of the meeting Secretary (Kalpasar) provided the details

of the study assigned to GNLU for legal opinion on the barrage project

It was explained that the proposed barrage will be constructed on

river Narmada near village Bhadbhut Looking to the experience in

case of Sardar Sarovar Project on river Narmada it was considered

to take legal opinion regarding possibility of inter state disputes if

any with reference to the provisions of Narmada Water Disputes

Tribunal Award In this regard Expert Advisory Group of Kalpasar

Project headed by Advisor to Honble Chief Minister decided to utilize the

services of Gujarat National Law University (GNLU) Gandhinagar

Accordingly memorandum of agreement was signed between GNLU and

Kalpasar Department GNLU has prepared the report on Legal Opinion

for Bhadbhut Barrage Project (Annexure-i) and as per agreement it is

also required to be vetted During the discussion Chairman of the1

meeting suggested to provide the details of the project along with its

objectives benefits and related activities for environmental impact

coastal regulation impact fisheries issues flood protection etc carried

out so far Accordingly second meeting was held on 21082012 at

1900 hrs During the discussions held in these two meetings the

following details were discussed with the Director GNLU and the

Kalpasar officials

(1) At the outset of the discussion it was explained that the state has

about 1600 km long sea coastal belt and all along coastline in the

estuarine portion of the rivers meeting sea tidal water entry

creates serious problem of salinity ingress Not only soil in this belt

looses its fertility the surface water and ground water quality is

deteriorated Considering seriousness of the problem in past

government had constituted High Level Committee headed by the

then Chief Secretary during 1975 The Committee suggested tidal

regulators bandharas spreading channels check-dams and other

minor works for prevention of salinity ingress On this suggestion

Government of Gujarat carried out some works from its budget

Also Central Government with due consideration to the problem

sanctioned Rs 200 crore grant during 12th Finance Commission for

salinity ingress prevention works including barrages These

structuresworks have shown good results in prevention of salinity

ingress Government has also carried out a study for evaluation of

positive impacts of these salinity ingress prevention works along

coastal line of Gujarat through Gandhi Labour Institute

Ahmedabad At some places over barrages bridges are also

constructed for road connectivity on both sides of the storages

(2) Narmada river is the largest west flowing river having total length of

1312 km and tail stretch of 161 km lying in Gujarat Before

construction of Sardar Sarovar Project in Gujarat and three major

projects Omkareshwar Maheshwar and Indira Sagar in Madhya

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Pradesh there was continuous river water flow in the estuarine

portion of the river Now the river water is gradually reduced

whereas tidal water flow remained unchanged Hence water

requirement for domestic irrigation and industrial needs of

Bharuch- Dahej region cannot be met with at present At present

GIDC and other industries are pumping 58 MGD water from

Narmada river at Angareshwar (70 km in the upstream of the

proposed Bhadbhut Barrage Project) as the water in the river up to

Angreshwar is not usable even for industrial purpose and there is no

permanent water source available for water requirement of GIDC

and PCPIRexcept Narmada river GIDC has planned for Petroleum

Chemical and Petro-Chemical investment Region (PCPIR) in Dahej

Industrial Area GIDC has planned water requirement at 300 MGD

Per year from 2020 onwards from the proposed barrage for PCPIR

and GIDC estates as discussed with Chief Secretary on 30092011

Bhadbhut Barrage being ideally located is the most preferable water

resource for Dahej-PCPIR industrial arearegion

(3) Water Resources Department as well as GIDC separately envisaged

the barrage of Narmada River since one decade However it was

not materialized Finally Kalpasar Department Government of

Gujarat decided to take up the barrage project as a stand alone

project During the discussion on the need of the project it was

further explained that number of representations had been received

from local people and political leaders at Honble Chief minister

level Honble Minister level and other higher level for construction

of barrage on Narmada river to solve the problem of salinity ingress

and deteriorated quality of surface and ground water The notables

include representations of Hon MLAs of Jhagadia (2001) Jambusar

(2003) Surat and Hansot (2004) and Bharuch (2005) Hon MP of

Bharuch (2005) Shri Ahmed Patel Hon MP (Rajya Sabha) (2008)

Hon Central Minister of Water Resources GO (2010) GIDC (2008

onwards) etc3

It was also explained that Shri Pavankumar Bansal Hon Minister of

Water Resources Government of India vide his letter dated 4th

March 2010 addressed to Hon Chief Minister Gujarat had offered

all technical help for barrage across river Narmada and suggested to

take up a flood protection works in the flood affected area of

Bharuch District with an offer of financial assistance Hon MP Shri

Ahmed Patel vide his letter dated 28th October 2008 had

represented to Hon Minister of Water Resources Government of

India to construct protection wall along the length of the river on

the south bank to prevent the erosion salinity ingress prevention

work with causeway

(4) It was explained regarding initialization of the project that Kalpasar

Department worked out a plan to construct a tidal regulator

bandhara as a means of separating Narmada river water from tidal

water so as to check salinity ingress and ground water

deterioration Similarly GIDC concerned for meeting the domestic

and industrial water requirement of the various existing industries

and the upcoming PCPIR has been contemplating to construct a

barrage at Bhadbhut for dependence of fresh water supply from

Narmada river It was envisaged to construct a barrage In view of

the above Kalpasar Department decided to take up this project as a

stand alone vide Government order dated 22092009

(5) Project Benefits of the proposed barrage across river Narmada near

village Bhadbhut area

(a) The Bhadbhut Barrage will check the salinity ingress upstream

of Bhadbhut and Narmada river water will get stored at the

barrage The free catchment water at 90 dependability as

worked out by Ms SECON and CDO is 1000 mm3 The river

water reservoir is likely to extend up to 85 km on upstream

side of Barrage Domestic irrigation and industrial water users

may use this stored water of Narmada river This will result in4

increasing ground water recharge due to irrigation and storage

along 85 km stretch of the river and ultimately in the

improvement of the ground water quality and reduction of

salinity ingress

(b) About 400 sq km fertile land on left bank of Narmada river

coming in flood submergence will be permanently protected by

Flood Protection embankment on left bank of river Narmada

from Bhadbhut Barrage to Ankleshwar

This barrage will also be used in future for diverting Narmada

water to freshwater reservoir proposed in Gulf of Khambhat

through Narmada diversion canal

(c) A six-lane road on the Bhadbhut barrage will ease out the

traffic congestion between Surat (Hajira) - Bharuch - Dahej

with new coastal route ie Surat - Olpad - Hansot - Bhadbhut -

Dahej about 18 km shorter than the existing route ie Surat

(Hajira) - Ankleshwar - Bharuch - Dahej Ultimately it will

result in considerable saving of travel timecost

(6) Environment Impact

National Environmental Engineering Research Institute (NEERI)

Nagpur which is a constituent laboratory under Council of Scientific

and Industrial Research (CSIR) New Delhi has been entrusted with

the consultancy assignment for preparation of EIA studies

NEERI has prepared and submitted the report which was submitted

to Forest amp EnvironmelJt Department for EIA clearance The State

Level Appraisal Committee held the meeting on 05012012 It was

suggested to incorporate some additional points in the scope of the

study Accordingly NEERI has revised EIRA study report and the

same is (recently on 27072012) submitted to Forest amp

Environment Department for further consideration Next activity is

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public hearing which will be held at collectorate level and based on

the discussion of public-hearing the EIA report will be finalized

However some of the points mentioned in the conclusions of the

present report are

a) The proposal for construction of Bhadbhut barrage on river

Narmada has emanated in response to peoples demand as

voiced through representations at various levels by public

figures from several social streams The planning of the

project has been carried out in respect of location and

engineering ~eatures on consideration of technical feasibility

and maximising benefits in terms of checking the problems of

salinity ingress and deterioration of ground water quality

storage of good quality river water for irrigation domestic and

industrial water supply flood protection of low lying area on

left bank of the river and road connectivity between left and

right banks

b) Fishermens concerns with respect to obstruction to their

movement as well as migration of Hilsa and other fisheries

species are to be aptly addressed by making provision of fish

passage and ship-lock type arrangement in the barrage Most

importantly the water stored at the barrage will provide a

congenial habitat for fresh water fishery which can be

intensified by stocking economically important fish species so

as to provide more productive employment to the fishermen

c) To sum up the Bhadbhut barrage project has no significant

environment repercussion and is in effect a long-term social

and environment promoting project

(7) Coastal Regulation Zone Impact

As per the CRZ Notification by MoEF dated 6th January 2011 water

area of tidal influenced water body from the mouth of water body at

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the sea up to the influence of tide which is measured as 5 ppt (5000

mgI) during the driest season of the year is coverable under CRZ

IV wherein the activities disturbing the natural course of sea water

are prohibited Exceptions are however provided for measures to

prevent sand bars installation of tidal regulators laying of storm

water drains or for structures for protection of salinity ingress and

fresh water recharge based on examination carried out by any

agency specified by MoEF vide Office Memorandum dated 24th

February 2011 It is stipulated that all proposals relating to the

projects indicated as exceptions from the prohibited activities shall

be examined by any of the following institutions from technical

angle

(i) Central Water and Power Research Station Pune

(ii) IIT Chennai IIT Mumbai

(iii) Department of Erosion Directorate Ministry of Water Resources

(iv) ICMAM

(v) National Centre for Sustainable Coastal Management

(vi) NIT Suratkal

In this context the study of Bhadbhut barrage for CRZ clearance

proposal was assigned to Central Water and Power Research

Station Pune The proposal for CRZ clearance along with relevant

documents and CRZ map showing HTL and LTL with project layout

superimposed thereon as prepared by Space Application Center

(ISRO) Ahmedabad (the only authorized agency for preparing such

CRZ maps) was also sent to CWPRS Pune for their study The

report on Desk Studies for Salinity Ingress due to proposed

construction of Barrage across the river Narmada at Bhadbhut

Gujarat prepared by Central Water amp Power Research Station

Pune has been received by the Department The findings of the

report are as under

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a) The analysis of the salinity as per the reports of NEERI

CSMCRI and data collected in Jan 2012 by the Kalpasar project

authorities indicates that the salinity values are well below 5

ppt near the proposed Bhadbhut barrage location during the

dry season at all stages of tides

b) With the construction of the proposed barrage the salinity

values in the us reaches are expected to become further less

and thus will add to the overall utility of the project

c) Due to the proposed barrage impounding of water will aid in

improving the ground water quality and also aid in lift irrigation

schemes

d) From the proposed project an overall improvement in quality

and quantity of water in the region is likely to take place over a

period of time

e) The road link between Hansot and Dahej would not only reduce

the traffic on other existing highways but also reduce the

travel time and cost on fuel

In view of the conclusions of the report by CWPRS contextual to the

provisions regarding salinity of 5 ppt during the driest season of the

year and also exception to the measures for checking tidal salinity

ingress in CRZ notification 2011 the proposed barrage does not in

any way violate the provision of the said notification However as

per the guidelines for permissible activities contained in the CRZ

Notification 2011 issued by the Ministry of Environment amp Forest

GOl the applicationproposal is already submitted to the Gujarat

State Coastal Regulation Zone Management Authority (SCRZMA) for

obtaining CRZ clearance along with the prescribed documents and

necessary fee

(8) Fisheries Impact

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81 The Bhadbhut barrage will have some challenges concerning

preservation protection and management of fisheries which

were studied so as to formulate strategies for maximizing the

positive aspects and minimizingmitigating the negative

aspects The study has been carried out based on relevant

secondary data consultation with professionals and interviews

with fishermen soliciting their views on various aspects of

fisheries The total number of fishermens families in 21 villages

is 2520 with a population of 12638 The fishermen are partly

employed and inadequately equipped with fishing

infrastmctures The fishing activities are mostly localized along

the frontal stretch of the estuary The boat-bound fishery is

limited to a small number of fishermen having access to

mechanizednon-mechanized boats Fishing activities are

mostly conventional type

Fish production in Bharuch district comprises inland and marine

fish Of the total marine fish production accounts for 18

which is confined to the villages of Gulf shore The inland fish

production includes estuarine fish catch in which Hilsa fish

holds a significant share and estuarine fish production has

shown a declining trend in the last ten years (25 of 1990-

91)

82 Hilsa basically a marine fish species is anadromous in nature

and ascends the rivers for spawning during monsoon Hilsa

supports a substantial fishery in the Narmada estuary and

several fishermen families are dependent on this fishery during

the monsoon for duration of 50-60 days Velocities of flow and

volumes of discharge at the mouth of the estuary are the

driving factors of migration The depletion of Hilsa fishery in the

Narmada estuary is attributable to reduction in flood flows

incidental to the construction of many irrigation projects in the

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upstream stretch of the river The success of establishing Hilsa

fish species in the fresh water of Ukai reservoir has been a

breakthrough that can open up the opportunity for permanent

fresh water habitation of the new Hilsa breed in the Bhadbhut

barrage reservoir The size of the new strain of Hilsa fish

adopted to fresh water environment is reported to be small

compared to the marine forms

83 The fishermens views were assessed through interviews with

the office bearers of 23 Fishermen Co-operative Societies The

office bearers of 21 Societies did not show any notable

apprehensionsconcerns presumably as the fishermen are

residing near the sea coast or carrying out fishery activities in

non-estuary inland water bodies or are partly engaged in

fishery activities which they carry out occasionally in the

Narmada estuary Several societies are inactive and defunct

The two societies which are strongly worked up belong to

Bharuch and Bhadbhut representing 2526 and 2302 fishermen

respectively Their views are abstracted as notional

apprehensions and genuine concerns

The fishermens views on the reduction in the Hilsa fish

migration and Hilsa fish catch due to reduction in flood flows to

be caused by the barrage is a notional apprehension The

understanding that the barrage would be a barrier to the

movement of the fishermen and also to the migration of the

Hilsa and other fishery species is a genuine concern Also the

understanding that with the construction of the barrage the

fishermen might be losing for ever whatever fishing advantage

that they presently avail and thereby compromising their

livelihood is a genuine concern These apprehensions and

concerns are addressed through an effective Fishery

Management Policy (draft)

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84 Draft fishery management policy for the post-construction

phase is focused on maximizing fishery production and fetching

good economic returns There is also a possibility of

transplanting Hilsa fish species in the barrage reservoir just as

it could be done in Vallabh Sagar Reservoir at Ukai in Southern

Gujarat

By making provision of fish passage and navigation lock in the

design of the barrage unobstructed movement of fishery

species and fishermen across the barrage will be ensured

Moreover the barrage gates will be kept open during the

monsoon months to release the flood which having

concentrated flow and hence increased flow velocity will flush

out the sediments at the estuary mouth and the present

sediment-related obstruction to migration of marine Hilsa fish

will get eliminated and the large flood volume will have

increased inducement for Hilsa fish migration after barrage

construction

85 The Commissionerate of Fishery Government of Gujarat has

reviewed the Fishery Report related to Bhadbhut Barrage

Project and concurred with the findings including the provisions

of Fish passage and Navigation lock in the design of barrage as

mitigating measures against likely obstruction to migration of

fishery species (saline water Hilsa fish and fresh water prawn)

and general river fishing activities Further to the above it has

been suggested for establishment of a series of small scale

Hatcheries for Hilsa fresh water Prawn Indian Major Carp and

other native species to produce seeds and to ranch in estuarine

region as a part of sustainable enhancement of fish species as a

means of intensifying fresh water fishery production The Hilsa

fish the fresh water fish and the fresh water prawn hatcheries

are to be established and managed by the State Fisheries

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Department Preservation of Fisheries Rights of fishermen in

the barrage influenced water body will be ensured The

hatcheries need to maintain a good breed stock bank using the

available natural resources Such propositions are acceptable

within the ambit of Bhadbhut barrage project and Kalpasar

Department will provide budgetory Support for their mitigation

measures

(9) Water demand

91 The project will store approximately 400 to 500 MM3 fresh

water in length of about 85 km which will meet domestic

irrigation amp industrial water requirements Central Design

OrganizationSECON has worked out water availability from

free catchment (down-stream of SSP) at 50 dependability as

3307 MM3 Moreover Narmada river being perennial

continuous flow of river water will also be available Hence the

fresh water reservoir of Bhadbhut can be stored twicethrice in

a year with this water and sufficient water will be available for

domestic irrigation and industrial uses

GIDC and other industries at present are pumping 58 MGD

water from Narmada river at Angareshwar (70km from

Bhadbhut) as there is no permanent water source available for

water requirement of PCPIR except Narmada river and

presently the Narmada river water up to Angareshwar is not

usable even for industrial purposes

92 GIDC has worked out planned water requirement for PCPIR

with different development scenario of PCPIR as discussed with

Chief Secretary on 30092011 The Chief Engineer GIDC has

informed Kalpasar Department regarding water requirement

around 500 MGD by year 2020 with demand of 300 MGD to be

met from Bhadbhut barrage Thus there is a huge water12

requirement for PCPIR and other industrial zones

93 The barrage construction is planned to commence in the year

2012-13 and is envisaged to be completed by 2016-17

Government has already approved to take up this project on

PPP (BOT) The draft tender paper for PPP as per the guideline

of Planning Commission is under preparation at Kalpasar

Department The revenue generation for PPP is mainly from

transportation amp industrial water supply components Hence

for assessing projected industrial water income water rate of

Rs 1464 per 1000 lit (2012-13) for industrial use with an

increment of 10 every year has been mentioned in the

government resolution issued by Water Resources Department

By calculating revenue for industrial water for 20 year period

the water rate will reach up to RS145 in year 2037-38 This

issue was discussed with Advisor to Honble Chief Minister

(Chairman EAG) Shri P P Vora Member EAG and Shri A K

Doda National Level Consultant (Ex-Executive Director IDBI)

and it was decided that industrial water rate should be

increased 10 every year till the rate reaches up to Rs 40 and

thereafter as per RBI price indices (1981-82 to 2010-11) for all

commodities percentage change of 478 say 5 should be

used for calculation of industrial water rate During the

discussion it was however felt that the projection of water

requirement by GIDC is seemingly on higher side GIDC

industrial water demand is directly related to various industries

coming up in PCPIR and an element of uncertainty in industrial

development cannot be ruled out There is a need factor in this

eventuality for revenue earning by PPP(BOT) agency Taking a

rational view 25 variation is middotconsidered in average industrial

water demand of 200 MCMannum (to be earmarked to PPP

agency for the concession period of 20 years) which may

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range between 150 MCMannum (lower side) and 250

MCMannum (higher side) If the actual water demand goes

down below 150 MCMannum in a particular year the

govern I ent will be required to compensate PPP agency for

50 of the decrease in the quantity of water demand below

150 MCMannum at the water rate of that particular year In

case the actual water demand is increased above 250

MCMannum the PPP(BOT) agency has to pass on the revenue

earned on 50 of the increase in the quantity of water demand

above 250 MCM to the Government For lower side this

arrangement should continue till PPPagency secures IRR 14

However for higher side the PPPagency will continue to pass

on the amount as indicated to the Government Water is of

prime importance for any industrial development PCPIR Dahej

is already in development phase and all its industries require

water Bhadbhut barrage will be the most assured Narmada

water resource and also preferable Hence the projection of

water demand and revenue generation as worked out is

feasible

(10) Flood protection for left bank

The Bhadbhut project envisages construction of a 1663 m long

barrage across river Narmada about 27 km downstream of Bharuch

city and about 25 km upstream from the sea The right bank of the

river is steep with an average level of EI 9 m whereas the left bank

is relatively flat and at a lower level of EI 55 to 6 m The FRL of

Bhadbhut barrage is EL 75m so that in future water can be

diverted to Kalpasar reservoir through Narmada Diversion Canal

Hence FRL 75m is mandatory If water is to be stored up to EL

75m permanently then huge private land on left bank will come

under permanent submergence requiring acquisition of large land

area Therefore left bank embankment is essential to safeguard the14

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area against submergence Mis SECON has worked out that

minimum private land will come under submergence if the left bank

embankment is provided nearly parallel to the river bank at 16 km

river width (existing bridges are 13 km to 14 km wide only) The

river reach upstream of the barrage up to Golden bridge(of about

27 km) is required to be protected against frequent flooding of low

lying left bank area as well as consequent rise in water levels due to

construction of the barrage The protection work is proposed to be

in the form of RCCretaining wall or embankment

(11) LegaI aspests

Gujarat National Law University (GNLU) Gandhinagar has

prepared the report on Legal Opinion for Bhadbhut Barrage

Project The brief points covered in the report are as under

10 Whether the Kalpasar Department can construct the Bhadbhut

Barrage on River Narmada Is there any violation of Narmada

Water Disputes Tribunal award If yes then give the

reference of Narmada Water Disputes Tribunal award by

which the Kalpasar Department cannot construct Bhadbhut

Barrage Project

11 Various provisions of the Narmada Water Disputes

Tribunal (NWDT) Award enable the Department to

construct the Barrage By building the Barrage the

Department will not be violating the Award

12 First the NWDT for such type of projects in view of their

aims and objectives has expressed desirability for the

best utilization of water which would otherwise go waste1

13 Second the NWDT has given free hand to the State in

terms of using Spill-over or non-storable spill water2

14 Based on the analysis of the above provision of the

NWDT it is concluded that the Tribunal Award does not

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prohibit the construction of Barrage and Department will

not be violating the award either inletter or in spirit

1 Clause 111 (5) reads it is desirable that water which would go wastewithout even generating power at the last river-bed power-house shouldbe allowed to he utilized hy the party States to the extent they can2 Clause 1V (5) reads the party States whose reservoirs are spillingand the spill water cannot be stored elsewhere may utilize such RowsfrOIll the said reservoirs as they like and such utilization hy the partyStates ~ill not count to bullbullards allotment of supplies to them but use ofsuch raquotIter will not establish any prescriptive rights

20 Whether KaJpasar Department of Government of Gujarat can

utilize free catchment water at Bhadbhut Barrage without

consulting other basin states ie Maharashtra and Madhya

Pradesh

The Department can utilize free catchment water at the

Barrage because the catchment water at the Barrage will

neither create a situation of flooding in other states nor these

states can positively claim on this water3 The Department

can make such changes in the pattern of consumption of

water and in the areas to be benefitted within or outside the

Narmada basin in its territory as it may consider necessary

30 Whether Kalpasar Department of the Government of Gujarat

can utilize water released from River Bed4 Power House of

Sardar Sarovar Project without violation of Narmada Water

Disputes Tribunal award

According to clause IX (vii) Gujarat may let down water from

the Sardar Sarovar for its downstream use by making specific

indent for it and such release shall reckon against its share

Such releases for downstream use shall be made through the

turbines and the power so generated shared between Madhya

Pradesh Maharashtra and Gujarat in the prescribed ratio16

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Water letdown into the river from Sardar Sarovar except at

the specific indent of Gujarat shall not reckon against the

share of Gujarat Thus the Award does not provide any

restriction on the utilisation of water released from River Bed

Power House of Sardar Sarovar Project by Gujarat

3 Water in the catchment area is considered catchment water Catchment isthe most significant factor for determining the amount or likelihood offlooding Since Gujarat is lower riparian state the question of flooding inother basin states does not arise Several factors shall be kept into accounthowever First topography influences the speed with which the runoff waterwill reach a river Since the topography (ie land territory) surroundingBhadhhut is exclusively in the jurisdiction of Gujarat stale the question doesnot arise4 River hed is the channel bottom of a river the physical confine of normalwater flow

40 Whether Government of Gujarat Kalpasar Department can

utilize spillway surplus water of Sardar Sarovar Project

without violation of Narmada Water Disputes Tribunal award

As per clause IV(S)5 the Tribunal Award categorically

authorizes Gujarat to use the spillway6surplus water7and such

usage will not violate the Award in any way According to the

Order Gujarat is directed that whenever water starts going

waste to sea without generating power or based on the

information received from upstream gauging stations it

anticipates that water would so go waste it shall inform the

Authority and designated representatives of all the concerned

states Gujarat shall also inform them when such flows cease

During the period such flows Gujarat whose reservoirs (SSP)

are spilling and the spill water cannot be stored elsewhere

may utilize such flow from the said reservoirs as they like and

such utilization of the party States will not count towards

allotment of supplies to them but use of such water will not

establish any prescriptive rightss

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5 ClauseIV (5)

6 Spillway is defined as passage jrJr surplus water over or around a damwhen the reservoir itself is full Spillways are particularly important safetyfeatures for earth dams protecting the dam and its foundation from erosionThey may lead over the dam or a portion of it or along a channel around thedam or a conduit through it SourcewwwBritanicacom7 There are two types of pillway - controlled and uncontrolled SSP has acontrolled spillway consisting of mechanical structures and gates to regulatethe flow rate of water As the controlled pillway will always have the fidlheight of the dam to be used for water storage year-round only the floodwaters can be released as required by opening one or more gates On thecontrary in case of uncontrolled spillways surplus water will rise above thelip or crest and will be released rom Sarovar There is no mechanical controlover the discharge rates as the depth of reservoir water can only determinethe rate of discharge Since the storage volume in the Sarovar above thespillway can he used only for the temporary storage of flood water any claimor complaint that Gujarat can use such water for water supply does not arise8 The use of term prescriptive right in this award can be meant to suggestthat Gujarat has a right to use such waters when only the other hasin statesfail to or claim to use the water for the time defined hy the law Gujaratcannot claim thus every year to use the entire spillway water if the otherstates otherwise need to claim or use the water which would otherwise createa surplus water situation in the Sardar Sarovar

50 Whether the Kalpasar Department of the Government of

Gujarat can request in emergency for releasing water by

indenting through Narmada Department to the Narmada

Control authority

51 The Award lays down specification for the quantum and

pattern of regulated releases in normal circumstances

However Gujarat can request in emergency for releasing

water by indenting through Narmada Department to the

NCA

52 While the above interpretation holds true in the normal

circumstances Gujarat in case of emergency situation

indeed tan use allocated share from the surplus water in

the reservoir according to clause IX(ii) for irrigation and

other purposes

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has to notify the Narmada River for construction of the

Bhadbhut Barrage or Department can use the present

notification

61 The Water Resources Department has notified Narmada

river vide government notification no INF 1161 dated 21

September 1963 for Navagam dam (now renamed as

SSP) This notification is applicable to the projects Karjan

Sukhi However this notification is not applicable for the

Bhadbhut Barrage Project

62 Tile NWRWS amp Kalpasar Department has to notify

Narmada river for construction of Bhadbhut Barrage

Project in a similar way as the notification issued earlier

for Navagam dam after taking approval from the

competent authority

70 Whether any permission with reference to coastal regulation

zone act rules is necessary in case of construction of the

Bhadbhut Barrage

71 Ministry of Environment and Forests of the Government

of India has issued revised CRZ notification Earlier

notification of 1991 was vague in the sense that it lacked

certain specifications This has now been revised in

January 2011 As per the Revised Notification the

Coastal Regulation Zones (CRZ) have been classified as

under

CRZ-I The areas that are ecologically sensitive and

geomorphological features which play a role in

maintaining the integrity of the coast which included

Mangrove area Corals Sand dunes Mud flats

Biologically active National park Marine park Reserve

forest Wild life habitats and other protected areas

19

CRZ-II The areas that have been developed up to or

close to the shore line

CRZ-III Areas that are relatively undisturbed and those

do not belong to either CRZ- I or CRZ- II which include

coastal zone in the rural area and also areas within

municipal limit or in other legally designated urban areas

which are not substantially built up

CRZ-IV

(A) The water area from the low tide line to the 12

nautical miles on the seaward side

(B) Shall include the water area of the tidal influence

water body from the mouth of the water body at

the sea up to the influence of tide which is

measured as five parts per thousand during the

driest season of the year

72 The Bhadbhut Barrage Project is planned to be located

about 22 km inside the estuary As per the classifications

of CRZ area explained in 71 the Barrage location does

not fall in the sea area Therefore the project falls under

CRZ-IV (B) category Further as per the 2011

Notification following structures are permitted in the CRZ

area Measure to prevent sand bars installation of tidal

regulators laying of storm water drains or for structures

for prevention of salinity ingress and fresh water

recharge The Bhadbhut Barrage is created for the

prevention of salinity ingress

The CRZ is applicable to the land area between high tide

level to 100 meters or width of the creek whichever is

less on the landward side along the tidal influenced

water bodies that are connected to the sea and the

distance up to which development along such tidal

20

influenced water bodies is to be regulated shall be

governed by the distance up to which the tidal effects are

experienced which shall be determined based on salinity

concentration of 5 parts per thousand (ppt) measured

during the driest period of the year

80 Whether Kalpasar Department can execute Bhadbhut Barrage

Project on Public Private Participation (PPP) mode and collect

revenue generated through water land transports and other

infrastructure created

The Kalpasar Department can finalise this issue in consultation with

the Finance Department Gujarat Infrastructure Development Board

and any other concerned Departments of Gujarat

90 Additional reasons in justification consideration and caution for the

construction and operation of the Bhadbhut Project

91 Reasons for Justification

a Fulfilment of the Overriding Public Interest Regime -

Prevention and control of salinity ingress Currently the

incoming tidal surge-bores up the Narmada river as far as

Shukaltirth and the spring tides of salty water inundates

thus exposed low-lying areas creating salt-marshes

Therefore it can be argued that the barrage will significantly

moderate this tidal surge and positively affect the extent of

inundation of salty-water As per estimation hundreds of

hectares of agricultural land gets salt ingress annually

creating socio-economic impacts on thousands of families

surviving on farming

b For restoration of quality of water The Barrage aims to

promote the objectives of the Water (prevention and Control

of Pollution) Act1974 as the project will restore the

wholesomeness of water Thus Gujarat Government

through this project reaffirms its commitment to the larger

21

population and fulfils the obligation Considering the Water

Policy the Barrage would prevent further deterioration of

water quality and will in fact restore the water quality

c Risk prevention for low-lying areas If the Barrage is not

created the low lying areas around the estuary will become

more at risk of increased flooding due to storm surges and

sea level rises by climate change The barrage will play a

significant role in flood defence and protection against sea

level rise compared to other measures

d Alternate Better Sustainable Employment for Thousands of

Families and the whole region The Project will generate

direct jobs in barrage construction operation and technology

export could follow in other states of India The Dahej SEZ

and neighboring regions will benefit from inward investment

due to the road link increased land and property values and

possibly new recreational opportunities The barrage would

also become a touristic spot followed by sight seeing

housing tourist and other developments around the area

e The Barrage will reverse the national trend which sees that

there has been significant degradation of coastal resources

due to poor planning of developmental activities and

overexploitation of natural resources

92 Reasons for Consideration

a No Ecological Imbalance or Harm The existing area where

the barrage is to be constructed is not ecologically rich and

rare environmental area for birds or for wildlife habitats

Of course the Hilsa fish is a migratory species which travel

between salt and fresh water to complete their breeding

cycle and they use the whole estuary system as a breeding

area nursery and food resource

b Effects on silt deposition sediment and salinity ingress As

the barrage will change the energy of the current flows in

22

r

the estuary it will impact on the sediment regime on silt

deposition and to a significant degree on salinity ingress

c The area under the proposed barrage is not a National or

International Protected Area The Bhadbhut estuary is

neither protected under any national or international

designations The adverse impact on the species and

habitats can be justified for imperative reasons of overriding

public interest namely reduction in salinity ingress and

irrigation of thousands of hectares of land At the end of all

studies such as environmental technical and financial

studies it can be argued that the alternative solutions are

not available either in the area or a wider field

d It is unlikely that the barrage itself will cause coastal erosion

and flood risk on its seaward side

e Overriding public need and interests regime has to be

articulated and costbenefit ratio in favor of public vis-a-vis

environmental damage shall be proven

f The barrage is promoted in terms of its benefits to socio-

economic sectors especially rural economies therefore all

the benefits need to be placed in context for informed

consideration

g Requirement of the Barrage at current juncture The barrage

would be a monumental and iconic structure so it shall be

built for the best reasons and the most appropriate moment

in time which has come now There is a clear need for the

barrage for checking of salinity ingression irrigation and

potable water needs energy greenhouse gas reduction

coastal defense industrial activities etc

h Compliance with Environmental Law Principles The Project

complies with the provisions of all environmental principles

such as the precautionary principles polluter pays principle

23

use of proper resource accounting trans boundary

responsibility and intergenerational equity

i Best Management Approaches The project will have best

ma agement approaches inter alia restricting reclamation

for essential activities prohibition of disposal of untreated

waste ensure sufficient fresh water discharge to maintain

estuarine characteristics ensure sufficient tidal exchange

zonate areas for aquaculture salt manufacture ports and

industries and tourism to avoid critical habitats and conflicts

in use avoid locating chemical plants with toxic discharge

near estuaries

J Others The Project- the goals of biodiversity conservation

and local peoples livelihood security is placed at the centre

stage of all decision making pertaining to the infrastructure

development or economic consideration of revenue

generation

93 Application of Precautionary Principles

a While the barrage will impact some habitats it will also bring

benefits to some habitats and some species as the

remaining inter-tidal area would become more biologically

rich

b Hilsa Fish The barrage will have an impact on the Hilsa fish

in particular Hence suitable provision for movement of fish

shall be planned in the barrage

c The Barrage aims to give coastal protection the top priority

as this is extremely important even for the fixing of the HTL

Any structure (hard measure) should be considered only if

soft measure is not possible The agency considering the

hard measure particular groins or breakwaters should be

made responsible for protecting the shoreline at least 500 m

on either side of the shoreline from erosion The agency

responsible for the construction should be made responsible

24

r

for the monitoring of the shoreline for a minimum period of

one year so as to cover the seasonal variation in the wave

climate which dictates its dynamics Similarly within the

said distance if river is blocked by sand bar formation on its

up drift side due to the construction of barrier jetting into

the sea suitable control measures are to be incorporated in

the planning stage of the project The construction agency

shall be made responsible for a minimum period of one year

(12) Recognizing the project benefits and the details of activities

carried out so far by Kalpasar Department and legal issues

covered by GNLU in its report on legal opinion for the proposed

barrage project it was decided that Bhadbhut barrage project will

be within the purview of the applicable iegal and regulatory

framework and will have a long-term social and environment

impact and does not violate any provisions of prevailing

notifications and Narmada Disputes Tribunal Award

(Dr Bimal Patel)Director

Gujarat NationalLaw University

Gandhinagar

(Kamalbhai Trivedi)Advocate GeneralGovt of Gujarat

25

mUjoJ~(~ Patel)

Secretary (Kalpasar)Narmada Water

Resources WS amp KalpasarDepartment Govt ofGujarat Gandhinagar

meeting suggested to provide the details of the project along with its

objectives benefits and related activities for environmental impact

coastal regulation impact fisheries issues flood protection etc carried

out so far Accordingly second meeting was held on 21082012 at

1900 hrs During the discussions held in these two meetings the

following details were discussed with the Director GNLU and the

Kalpasar officials

(1) At the outset of the discussion it was explained that the state has

about 1600 km long sea coastal belt and all along coastline in the

estuarine portion of the rivers meeting sea tidal water entry

creates serious problem of salinity ingress Not only soil in this belt

looses its fertility the surface water and ground water quality is

deteriorated Considering seriousness of the problem in past

government had constituted High Level Committee headed by the

then Chief Secretary during 1975 The Committee suggested tidal

regulators bandharas spreading channels check-dams and other

minor works for prevention of salinity ingress On this suggestion

Government of Gujarat carried out some works from its budget

Also Central Government with due consideration to the problem

sanctioned Rs 200 crore grant during 12th Finance Commission for

salinity ingress prevention works including barrages These

structuresworks have shown good results in prevention of salinity

ingress Government has also carried out a study for evaluation of

positive impacts of these salinity ingress prevention works along

coastal line of Gujarat through Gandhi Labour Institute

Ahmedabad At some places over barrages bridges are also

constructed for road connectivity on both sides of the storages

(2) Narmada river is the largest west flowing river having total length of

1312 km and tail stretch of 161 km lying in Gujarat Before

construction of Sardar Sarovar Project in Gujarat and three major

projects Omkareshwar Maheshwar and Indira Sagar in Madhya

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