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Evidence Based Advocacy: Campaign
Against Water Diversion in
Maharashtra
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Contents
Setting up the focus
Study and analysis
The campaign
Earlier stages of the campaign
Developments on government level to change the law
Campaign against ordinance
Reissuing the ordinance and the campaign
Ratification of the ordinance and post ratification
campaign Current status
Relevance of strategies
Evolving demands and positions
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Setting up the Focus and Undertakingthe Study
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Setting up the Focus
Context of CSO process initiated from regulatoryprocess
Various issues discussed among the CSOsWater
tariff, ground water bill, state water policy Issue of water diversion to industries and big
cities was discussed on different forums bydifferent people
Lack of concrete data to develop a case
Decision to take up the issue of water diversion
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The Study and Analysis
Case studies of 16 irrigation projects Scale and scope of water diversion in different
irrigation projects
Different mechanisms of water diversion
Stakeholder perspectives on diversion cases
Analysis of different policy instruments
Role of SWP in water diversion
Role of HPC in water diversion Study of HPC decisions
Scale and scope of water diversion by HPC
Nature of water allocation governance by HPC
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Important Findings of the Study
Important findings instrumental in devisingthe direction of the campaign
HPC diverted 1500 Mm3 of water depriving 3 Lakh
Ha of irrigation potential HPC worked without giving due cognizance to the
powers and functions of MWRRA
HPC functioned in undemocratic manner
Every decision making authority in waterallocation used water use priority in the statewater policy as a rationale for water diversion
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Early Stages of the Campaign and theGovernment Response
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Early Stages of the Campaign
Formal announcement of a coalition of grass rootorganizations
Decision to take legal route to reverse waterdiversion
Decision to take political route for achievingchange in water use priority
Regulatory petition against diversion of waterfrom Hetavane dam
Substantive assistance in case against diversionfrom Upper Wardha dam pleaded before theHigh Court
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Response from the Government
Promulgation of Maharashtra Water ResourcesRegulatory Authority (Amendment) Ordinance,2010 on 17thSeptember 2010
Legalization of water diverted with retrospectiveeffect
Curtailing the powers of MWRRA
Prohibition to legally challenge the waterdiversion
Entire authority of water allocation handed to theHPC
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Campaign Against the Ordinance
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Campaign Against Ordinance
Campaign against ordinance was announced
Awareness generation meetings with
volunteers of grass root organizations
Rallies of farmers for mobilization
Media campaign
A march of farmers under the banner of
coalition during winter session of state
legislative assembly, December 2010
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Campaign Against Ordinance (Cont)
Meeting with CM and Deputy CM
Material used for campaign: A detailed report
on water diversion by HPC, pamphlets on the
ordinance, press notes, alternate water use
priority document
Response from the Government: withdrawal
of expiring ordinance and reissuance of a new
one.
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Campaign Against New Ordinance
Media campaign
Appeal to MLAs to protest the ordinance
Discussions with peoples representatives on
key positionsAgriculture minister, leaders of
opposition parties, leaders of farmers
organizations
Substantive support to MLAs to devise theposition against the ordinance
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Campaign Against New Ordinance
(Cont)
Sit-ins at Azad maidan
Meeting of the delegation of coalition withMinister, WRD
Material used for campaign: A bookletexplaining the effects of ordinance, Shortpamphlet for wider dissemination, A
compilation of relevant documents, appealletters to MLAs, alternate water use prioritydocument, press notes
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Ratification of the Ordinance amongst
Protest
Governments move to introduce and pass the
bill in midnight when there is lowest presence
of MLAs Media campaign opened up by the coalition
Appeal to key influential people
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Ratification of the Ordinance amongst
Protest (Cont)
Differences of opinions amongst the two
ruling parties
Announcements by the CM
Change in water use priority
Powers of water allocation vested with the state
cabinet
With these amendments the bill was passed in
the state legislative assembly
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Post Ratification Campaign
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Necessity to Continue the Campaign
Serious issues persisted in the Amended Act inspite of the fact that water use priority waschanged
Water diverted was legalized with retrospective effect Prohibition to legally challenge the water diversion
decisions
Remobilization activities by the coalition: Pani
parishad of the farmers. A resolution withseveral demands was passed and sent to thegovernment
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Response of the Government
District wise protest marchesResulted in the
Government handing over the GR for change
in water use priority to the members of
coalition
This GR was responsible to check the
momentum of the campaign in spite of the
persisting issues
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Parallel developments
Hearings on Hetavane petition and the petition order bythe MWRRA Petition was dismissed taking into account the amendments in
the Act
Coalition was successful in restoring the water to agriculture by
using the fact that the industries for which the water wasdiverted, didnt make an attempt to use the water for threeyears
Water diversion by the state cabinetUselessness of thewater use priority
Attempts by the MWRRA to initiate trading of water useentitlements
These developments were responsible in regaining themomentum of the campaign
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Campaign for Wider Demands
Strong critique of water entitlement trading by thecoalition
Sit-ins at Azad Maidan to push forward various demands
Meeting with CMCoalition was told to come up with a
position paper. Promise to arrange the meetings withconcerned officials
Coalition came up with a detailed position paperfollowup with the government for the meetings
No response from the government in spite of the constant
follow up The coalition again organized for and held sit-ins recently at
Azad Maidan
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Current Status
The coalition is successful in achieving change in water usepriority although not exactly as per demand
Diverted water remains as diverted - exception - Hetavane
MWRRA amendment remains as it is
Powers of sectoral allocation are vested with the cabinet.However reports suggest that government is assessing thepossibility of reinstating HPC
Agriculture has higher priority on paper. However, waterdiversion by cabinet suggests that this priority is not
followed A committee has been constituted to give recommendation
to make MWRRA Act practicable.
Need to evolve new strategies to go ahead
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Evolving Strategies and Positions
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Strategies employed
Sound analysis based on concrete data
Choice between legal and political processes
Awareness generation amongst stakeholders
helped in mobilization
Media campaign was useful in taking the issueto the state level
Involvement of several key influential peoplewas instrumental in shaping the position ofthe government
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Strategies Employed (Cont)
Appeal to MLAs and assistance to them inpreparing the position helped in raising thevoice in the houses of legislative assembly in
right direction Parallel legal action was useful in actually
testing the legal amendments in practice
Preparation and dissemination of relevantmaterial time to time helped in conveying themessage in precise manner
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Evolving demands and positions
Started with legal action against diverted
water and legislative demands to bring in
changes in policy
Promulgation of ordinance made the coalition
to concentrate the efforts on building political
pressure
The demands concentrated around
withdrawal of ordinance
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Evolving Demands and Positions
(Cont)
Further as the ordinance was ratified and thewater use priority was changed, a furthercomprehensive set of demands was evolvedincluding demands on water use priority basedon principle of equity, major changes required inthe law, abolishment of entitlement trading,various demands related to tariff.
Currently position paper prepared by thecoalition lays down a detailed position anddemands in various matters
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Thank You!!!