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1 TO REVIEW AND EXAMINE EXISTING STATE LEVEL REGULATORY AND INSTITUTIONAL FRAMEWORK TO OPERATIONALISE THE NATIONAL WATER POLICY- 2012 STATE REPORT KARNATAKA SUBMITTED BY indian environment law offices H-383, Palam Vihar, Gurgaon, Haryana-122017 SUBMITTED TO INDIA WATER PARTNERSHIP JANUARY 2015
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TO REVIEW AND EXAMINE EXISTINGSTATE LEVEL REGULATORY AND

INSTITUTIONAL FRAMEWORK TOOPERATIONALISE THE NATIONAL

WATER POLICY- 2012

STATE REPORTKARNATAKA

SUBMITTED BY

indian environment law officesH-383, Palam Vihar,

Gurgaon,Haryana-122017

SUBMITTED TO

INDIA WATER PARTNERSHIP

JANUARY 2015

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Executive Summary

The water policy and regulatory framework in Karnataka has been examined on 16 broadthemes that form the basis for water sector reforms from the national perspective attemptedthrough the National Water Policy, 2012. The state has adopted the Water Policy in 2002that provides the overall policy guidance for the management of water resources in thestate. The policy emerges from a need to systematically develop limited surface and groundwater resources of the state employing new approaches. As per the 2002 Policy, the statehas experienced a ‘serious destabilization of the water sector affecting the hydrology,economy and ecology’. The 2002 Policy has, however, not been updated in the wake of2012 NWP.

The 2002 KWP needs to be revisited, largely due to the reason that it does not very clearlyreflect the principles and approaches considered essential for paving the way for watersector reforms in the wake of growing scarcity and competing demands as has also beenoutlined in the NWP, 2012. The 2002 KWP also needs to confirm to the regulatory changesbrought in by the state government in the form of new enactment namely Karnataka Groundwater (Regulation and Control of Development and Management) Act, 2011. It is pertinentto note that despite the acknowledgement of growing water scarcity and resultingdestabilization of ecology, economy and hydrology, there is no regulatory mechanism in thestate for resolving inter-sectoral water allocation and water resources issues. The KWP alsodoes not include water use efficiency aspects which are the recurring theme in the NWP,2002. The legislative measures undertaken in the form of Karnataka Command AreasDevelopment Act, 1980 for the regulation of command areas lack provisions for ensuringstrong community participation for the water management in command areas.

The NWP, 2012 calls for conservation of rivers, river corridors, water bodies and/orassociated wetlands, the flood plains, ecological buffer areas are to be managed in anintegrated manner to balance the environmental and social issues. The institutional andregulatory framework on wetlands and water bodies is inadequate in the state and the KWP,2002 is silent on this issue. There is a Lake Development Authority for Bangalore establishedunder an executive order of the state government. A state level dedicated statutoryauthority empowered to undertake measures for preservation of wetlands and water bodiesthrough community participation is required in the state.

In Karnataka, the regulatory mechanism on water harvesting needs to be harmonised forbringing in the requisite changes in water use patterns and more emphasis to be placed onrecycle and reuse of water and for evolving a system to incentivise water conservation. Asignificant addition to NWP-2012 is recognition of impact of climate change on availablewater resources and consequent impacts upon human health and livelihoods. Though thestate has formulated a State Climate Action Plan, the KWP falls short to acknowledge thisimportant reality and therefore needs to be revised. The state has formulated an action planfor climate change.

Any informed decision making presupposes availability of good quality data and the same isaccentuated by NWP-2012. An integrated database of all water related data like rainfall,geo-morphological, climatic, geological, surface water, ground water, water quality,ecological, water extraction and use, irrigated area, etc., in well defined online formats isrequired. There are different departments and agencies maintaining data relating to water in

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the state, which requires harmonisation and setting up of a dedicated State WaterResources Data and Information Center as envisaged in water policy.

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Introduction and Background

The primary objective of the present analysis is to assess the preparedness of the state interms of regulatory and institutional framework to respond to the directives of the nationalwater policy- 2012 (NWP). This study is part of a larger examination of available legalmechanisms in three states of Meghalaya, Maharashtra and Karnataka to deliver on theobjectives of NWP.

Water Resources Scenario in KarnatakaKarnataka comprises of seven river systems, which with their tributaries have drainage areaas presented in Table 1. The largest river basin is Krishna river basin and the smallest isPalar river. The average annual yield of the rivers is estimated to be 98406 m.cum. (3475Tmc)1. Water is a scare resource in the state due to continued ‘depletion’ and ‘degradation’.2In view of limited surface and ground water resources, it is imperative for the scientificutilization of available water resource for overall development of the state. The State WaterPolicy, 2002 reflects this reality.

Table 1: Drainage Area of the River Systems in Karnataka

Sl. No. River System Drainage Area1000 Sq. km Percentage

1. Godavari 4.41 2.312. Krishna 113.29 59.483. Cauvery 34.27 17.994. North Pennar 6.94 3.645. South Pennar 4.37 2.296. Palar 2.97 1.567. West Flowing Rivers 24.25 12.73

Total 190.50Source: Water Resources Department-Government of Karnataka (GoK)3

Regulatory and Institutional Set-up

The State Water Policy, 2002 is the primary document outlining the water resource situationin the state and mentions the outcomes resulting from ‘serious destabilization of the watersector affecting the hydrology, economy and ecology’. The policy emerges from a need to

1 http://waterresources.kar.nic.in/irri_in_kar.htm

2 National Resources in Karnataka-Karnataka State Development Report-Planning commission of India (2005)

3 http://waterresources.kar.nic.in/river_systems.htm

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systematically develop limited surface and ground water resources of the state employingnew approaches. Key objectives of the policy being provision of drinking water, developmentof hydropower potential, creation of irrigation potential of 45 lakh hectares, improvement ofperformance of all water resources projects. The institutional setup in the state is compiledin Table 1 providing an overview of the organisations and authorities involved with watermanagement in the state.

Table 1: Institutional and organisational set-up on water managementSl. No. Name of the

Organisation/InstitutionFunctions assigned

State Level Organisation/Institution1. Water Resources Development

OrganisationInvestigation and Planning of Major & MediumIrrigation Projects, Hydrological analysis anddesign of Water Resources projects,Establishing, Maintenance, Collection andpublication of Hydrological and Hydro-meteorological data and Monitoring andEvaluation of projects

2. Command Area Development Authorities Protection and identification of command areaof river basins, conjunctive use of surface andground water and implementation ofparticipatory irrigation management.

3. Department of minor irrigation Taking up construction of Minor IrrigationSchemes such as tanks, anicuts, pickups LiftIrrigation Schemes & barrages, restoration ofunderground water level through percolationtanks.

4. Department of Mines and Geology(Groundwater wing)

Hydrological surveys and identification ofwatersheds

5. Soil Survey Division Assessment of quality of soils to determinecropping patterns in the command area.

6. Watershed development department(Department of Agriculture)

Identifying watersheds and improving theproductive potentials of selected watersheds.Developing and strengthening communitybased institutional arrangements forsustainable natural resource management.

7. Karnataka State Natural DisasterMonitoring Centre4 (erstwhile DroughtMonitoring Cell)

Identifying the scientific and technologicalinputs required to tackle and drought problemand to develop a database on the variousdrought related factors such asprecipitation, evapotranspiration, groundwaterlevels and resources, surface water bodies, landuse, soils, forest cover etc

8. Karnataka Regional Remote Sensingcenter. (Department of IT and S&T)

Preparation of Cadastral Referenced thematicMicro-watershed maps coveringLanduse/Landcover, Soil, Slope, Drainage andWater bodies and Ground water prospects for

4 http://dmc.kar.nic.in/mem.htm

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selected 1039 micro-watersheds of the State(2011).5 Under implementation is creation ofCadastral referenced micro watershed maps of7 districts, namely Bidar, Gulbarga, Yadgir,Gadag, Davanagere, Chamarajanagar andKoppal.6

9. Karnataka Engineering Research Station The Research Station is catering to thetechnical needs of Water ResourcesDepartment, Public Works Department andother Central & State GovernmentDepartments.

10. Directorate of Economics and Statistics Collection and dissemination of information11. Department of Environment, Ecology

and ForestsPreservation and enhancement of the quality ofthe natural environment, including water, airand soil quality. Implementation of Water(Prevention and Control of Pollution) Act, 1974and The Water (Prevention and Control ofPollution) Cess Act, Rules, 1977-78.

12. Karnataka State Pollution Control Board Monitoring water pollution from differentsectors and implementation of the Water andCess Act.

13. Karnataka Neeravari Nigam Limited It is a wholly owned Government of KarnatakaCompany to plan, investigate, estimate, build,operate and maintain irrigation projects andalso the works of Malaprabha andGhataprabha-CADA (M & GP CADA) in theKrishna river basin of Karnataka, excluding theUpper Krishna Project.

14. Krishna Bhagya Jala Nigam Limited. It is a wholly owned Government of KarnatakaCompany to plan, investigate, estimate, build,operate and maintain irrigation projects of theUpper Krishna Project.

15. Command Area Development authorities For the comprehensive development ofcommand areas of Tungabhadra project,Munirabad, Malaprabha and GhataprabhaProjects, Belgaum, Cauvery Basin Projects,Mysore.

16. Krishna basin development Authority Formulation and execution of schemes for thecomprehensive development of the KrishnaBasin.

17. Karnataka Groundwater Authority Established under Karnataka Ground water(Regulation and Control of Development andManagement) Act, 2011. It advises the stategovernment to declare an area to be a‘notified area’ for the purpose of regulation ofextraction of groundwater and steps to betaken to ensure augmentation of ground waterresources. It grants permit for extraction ofgroundwater for personal or community

5 https://www.karnataka.gov.in/ksac/projects-integrated-watershed.html

6 https://www.karnataka.gov.in/ksac/project-sujala.html

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purpose in a notified area.District Level

1. Zilla Panchayat District level programmes on water shed etc.2. Urban Local Bodies Water supply and sanitation facilities3. Karnataka Urban Water supply and

Drainage BoardThe board undertakes the investigation,preparation and execution of schemes for theregulation and development of drinking waterand drainage facilities in the 213 urban areas ofKarnataka State except Bangalore City.

4. Bangalore Water Supply And SewerageBoard

The objective of the Board is to operate andmaintain the water supply, head works,distribution and sewerage system includingtreating the sewage before discharging intonatural valleys.

Village Level1. Village Panchayats Implementation of programmes associated with

water at village level2. Water user Association The association controls, maintains and

monitors of any irrigation work either wholly orin part within its area (irrigation work on lessthan 2000 ha excluding major or mediumirrigation project).

3. Water user co-operative society The society controls, maintains and monitors ofany irrigation work either wholly or in partwithin its area. (irrigation work on more than2000 ha excluding major or medium irrigationproject). (2662 Water Users’ CooperativeSocieties (WUCS)

Source: CMDR (2003), Dharwad with additional inputs from GoK website

Assessment of Institutional and Regulatory Framework qua NationalWater Policy, 2012

The institutional and regulatory preparedness of the state as per thematic areas presentedin National Water Policy-2012 (NWP) is collated in Table 2.

Thematic Areasas per NWP-

2012

What is to be explored Status of implementation

1. Public Policy onwater resourcesto be informedof basiccommonprinciples

a. Whether state hasa water policy

Yes. State Water policy, 2002 (hereinafterreferred as ‘water policy’)

b. Whether the statewater policy isupdated in view ofNWP-2012?

No, the water policy has not been updated inview of NWP-2012.

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c. Whether thesentimentarticulated in NWPis echoed in statepolicies?

No, since it was made in 2002, all aspectscovered under NWP are not covered. Thestated objectives of the water policy are-4.1 Provide drinking water at the rate of 55litres per person per day in the rural areas,70 litres per person per day in towns and100 litres per person per day in the citymunicipal council areas and 135 litres perperson per day in city corporation areas.4.2 Create an ultimate irrigation potential of45 lakh hectares under major, medium andminor irrigation projects. Facilitate creationof an additional irrigation potential of 16 lakhhectares by individual farmers using groundwater.4.3 Improve performance of all waterresources projects.4.4. Improve productivity of irrigatedagriculture by involving users in irrigationmanagement.4.5 Harness the hydropower potential of theState.4.6 Provide a legislative, administrative andinfrastructural environment, which willensure fair, just and equitable distributionand utilization of the water resources of theState to benefit all the people of the State.

d. Any concrete actionis taken?

There is no move to amend the water policyby the State government.

2. RaisingAwarenessabout criticalityof water as anaturalresource

a. Does water policyof the state sayanything aboutwater being ascarce, naturalresource?

The water policy begins withacknowledging that state has very scarcewater resources. Following specific sectionof the policy reiterates the same

“6.21 The efficiency of utilization of waterwill be improved and awareness aboutwater as a scarce resource fostered.”For implementing the objectives of thepolicy, action agenda (which is a part ofthe policy) also envisages to formulate andimplement projects and schemes ofrainwater harvesting and recharging ofunderground water sources, withcommunity participation. There is athinking to encourage water conservationby providing incentives and disincentives.

b. Does the statehave a campaignrunning or anyengagement withits citizens tocreate and fosterthis sentiment?

There are several schemes andprogrammes run by the state, whichpromote and encourage waterconservation and water use efficiency.

Karnataka State Council for Science andTechnology (KSCST) is the first statecouncil in the country to be established to

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address science and technology issues ofthe state.

There is a Rainwater Harvesting Cell atKSCST for technical advice, planning andproject implementation, an individual oran institution can approach the same.

The Karnataka Groundwater Authority ismandated to take steps for promotion ofmass awareness and training programmeson Rain Water Harvesting and artificialrecharge to ground water throughgovernment Agencies/Non-Government,Organizations (NGOs)/EducationalInstitutions/Industries/ Individuals and totake steps to extend incentives/subsidiesto the farmers who are following waterconservation and rain waterharvesting/recharge schemes.

There was an amendment brought in2009 in The Bangalore Water Supply andSewerage Act to make rainwater-harvesting mandatory in the city7.

In the rural areas under Suvarna Jala RoofTop Rain Water Harvesting structures arebeing installed on the rural schools.

3. Water qualityand quantity

a. Does the statewater policy includea provision on rightto access tominimum quantityof potable waterfor health andhygiene?

Yes, the very first stated objective of thestate water policy is to-“Provide drinking water at the rate of 55litres per person per day in the rural areas,70 litres per person per day in towns and100 litres per person per day in the citymunicipal council areas and 135 litres perperson per day in city corporation areas.”

b. Is there any law toguarantee this?

There is no law specifically guaranteeing thisright. However, following enactments can beconstrued to work towards achieving thesame objective

To undertake the investigation, preparationand execution of schemes for the regulationand development of drinking water anddrainage facilities in the urban areas, there isKarnataka Urban Water supply andDrainage Board Act. Bangalore has itsseparate Board for this purpose forBangalore Metropolitan area. Urban LocalBody (ULB) supplies water under the boardto people in the urban areas.

7 “72A. Obligation to provide rain water harvesting structure.-Within nine months from the date ofcommencement of the Bangalore Water Supply and Sewerage (Amendment) Act, 2009 every owner or occupierof a building having a sital area of 2400 square feet and above or every owner who propose to construct abuilding on total area of 1200 square feet and above shall provide for rain water harvesting structure in suchmanner, with such conditions as may be provided in the regulations failing which the Board may cause suchrain water harvesting structure and recover the cost from the owner or occupier, as the case may be, arrearsof land revenue.” BWSSB has also issued detailed guidelines in this regard.

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The Rural Development and Panchayati RajDepartment is responsible for supplyingwater in rural areas. 90% of rural watersupply is dependent upon ground water andthere is Karnataka Groundwater(Regulation and Protection of DrinkingWater) Sources Act 1999. This Act camein to force in December 2003 and prohibitssinking of bore wells with in 500 mts ofsources of public drinking water. For watersupply in rural areas, there is KarnatakaRural Water Supply & Sanitation Agencywhich was established under RuralDevelopment & Panchayat Raj Department,Government of Karnataka with the mainmandate to function as State Agency forRural Water Supply and Sanitation Mission8.

c. Does the StateWater Policycontain an articleor a position whichplacesresponsibility oncitizens aboutprotection andconservation ofwater sources intheir immediatevicinity?

None specifically.

8 There is state environment report 2003 which discusses the types of drinking water schemes put in ruralareas and the basis on which the types of schemes to be put in a particular rural habitation is decided. Thisreport is available at http://parisara.kar.nic.in/PDF/Rural_Urban_WSS.pdf

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d. Is the institutionalmechanism gearedup to deliver this?

2002 water policy envisages several changesin the institutional framework for watergovernance in the state.

e. Does the stateprovide the rightsor powers to thePanchayat RajInstitutions, orcitizens toindependentlyinitiate actions forprotection andconservation ofwater sources intheir immediatevicinity (article48(a)(g) and 58 (a)of the Indianconstitutionspecifically referredto theseresponsibilitiesrelated to water,and other naturalresources)?

There are provisions in the KarnatakaPanchayat Raj Act, 1993 providingpowers to the Panchayat Raj Institutions totake actions for protection and conservationof water sources but it is circumscribed bythe enactment of rules by the stategovernment to that effect. The Act providesfor enactment of byelaws by GramaPanchayat for conserving and preventinginjury to sources and means of water supplyand appliances for the distribution of water.9

Schedule 1 (section 58) of the act mentionsthe function of the Grama Panchayat quadrinking water to include construction, repairand maintenance of drinking water , wells,tanks and ponds, prevention and control ofwater pollution and maintenance of ruralwater supply schemes. Further, per section58(1A)(iii) Gram panchayats are required tomaintain water supply works either on itsown or by annual contract by generatingadequate resources. Subclause (xvii) requiresthem to protect the biodiversity of the area.Government of Karnataka as per section 59of the said Act10 can assign functions of

9 Section 78- Power of Grama Panchayat to make bye-laws regarding provision of water supply.- Subject to such rules as theGovernment may make in this behalf, a Grama Panchayat may make bye-laws for conserving and preventing injury to sourcesand means of water supply and appliances for the distribution of water whether within or without the limits of the GramaPanchayat, and for regulating all matters connected with the supply and use of water, and turning on ,or turning off, andpreventing the waste of water, and construction ,maintenance and control of Grama Panchayat water works and pipes andfittings in connection therewith whether the property is of the Grama Panchayat or not.

10 59. Assignment of functions.- (1) The Government may, by notification and subject to such conditions as may be specifiedtherein,-(a) transfer to any Grama Panchayat the management and maintenance of a forest situated in the panchayat area;(b)make over to the Grama Panchayat the Management of waste lands, pasture lands or vacant lands belonging to theGovernment situated within the panchayat area;(c) entrust the Grama Panchayat with the collection of land revenue on behalfof the Government and the maintenance of such records as are connected therewith;(d) entrust such other functions as maybe prescribed:Provided that no entrustment under clause (c) shall be made without the concurrence of the Grama Panchayatconcerned:Provided further that when any transfer of the management and maintenance of a forest is made under clause (a)the Government shall direct that any amount required for such management and aintenance or an adequate portion of the

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management and maintenance of forests,waste land, pasture land or vacant land nearthat panchayat, to any Panchayat. The actendows upon Grama Sabha the duty to toconserve and maintain public properties suchas Gomala, tanks, tank beds, ground water,grazing grounds of the cattle, mines etc.,within the limits of the Gram Panchayats.11

4. Maintaining andsustainingEcologicalneeds and flowsin a river

a. Is there any law orpolicy in the statewhich makes itmandatory toundertake ascientific study todetermine theecologicalrequirement ofwater for a river?

Policy does not speak of E-flows

b. If yes what is theimplementationand monitoring ofthe same?

N.A.

5. Adaptation toclimate change

a. Has the stateformulated stateaction plan forclimate change andhas the concernsregarding effect ofclimate change onwater resourcesbeen integrated into these plans. Arethere district levelclimate changeaction plans beingformulated withinthe regulatoryframework

Yes the state has an action plan for climatechange. As per Ist Assessment (2014) underthe Karnataka State Action Plan for Climatechange Impact on water resources has beendiscussed in detail in this report. This reportwas made in 2012 so the latest AR5, IPCCprojections have not been taken in toaccount. The state action plan wasconsidered by the expert committee onclimate change but not yet endorsed byNational Steering Committee on ClimateChange.12

The district level climate change action plansare to be formulated.

income from such forest be placed at the disposal of the Grama Panchayat.(2) The Government may, by notification, withdrawor modify the functions assigned under this section.

11 Section 3A

12 As per information accessed on 16.01.2015 at http://envfor.nic.in/ccd-sapcc

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b. Has the statebegun to integratethe concerns ofclimate variabilityin to waterresourcemanagement andplanning by doingthe following (thisis only anillustrative listbased on NWP-2012?

The SAPCC 1st assessment does indicate thatthese concerns are being taken in toaccount. Section 5.8 of the report13 tabulatesintervention areas which include all possibleconcerns relating to climate change.

However whether these are actuallyhappening at the ground level is somethingthat needs further study in this regard.

c. Is there any specialimpetus toincreasing waterstorage capacity?

There is no specific mention of the same inSPACC in implementation head under waterresources section of the report where actionsrequired for internalising the concerns ofclimate variability on availability of waterresources are tabulated14.

d. increase water useefficiency across allwater usinggroups, agriculture,domestic,commercial andindustrial?

Agriculture- the areas where water useefficiency is being looked at is reservoirefficiency, conveyance efficiency, on farmapplication, drainage efficiency. For canalbased irrigation, canals are being lined forlessening seepage, use of drip/sprinklersystem for irrigation are some of themeasures being implemented. The StateWater Policy 2002 talks about promotion ofdrip irrigation to improve water use efficiencyin agriculture.

Industrial-As per draft Karnatakaindustrial policy 2014-2019, Action hasbeen has initiated for supply of tertiarytreated water to augment the water scarcityand to adopt water conservation measures.In Bangalore metropolitan area BWSSB istaking measures to ensure water useefficiency across all water users.

13 SAPCC for Karnatka is available at http://parisaramahiti.kar.nic.in/pubs/Karnataka-SAPCC-EMPRI-TERI-2012-03-22.pdf

14 Please refer to page 98 of the report under the head, implementation at above mentioned location.

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e. Are sustainableagriculturalpractices beingadopted reshapedas per the wateravailability in aparticular state or aregion of a state?

There is an increased propagation of dripand sprinkle irrigation in the state.

Karnataka Agriculture Policy 2006-aimsat sustainable agricultural practices andsome highlights are: The policy lays emphasis on promoting

cropping patterns based upon wateravailability and has mapped out croppingPatterns For different zones in the state.Similarly, it is suggested that cultivationof paddy will be encouraged only underlimited water conditions by popularisingmethods such as aerobic cultivation andSRI method of cultivation so that wateruse efficiency is increased.

Cultivation of high water consumingcrops like paddy and sugarcane undertank and lift irrigation projects will bediscouraged and these will be replacedby crops of high water use efficiency

Distribution of water by pipe system atdistributory level will be done on pilotbasis so that volumetric supply of watercan be made with increased conveyanceefficiency.

f. Is climate changevariability includedas criteria for waterdevelopmentprojects?

At present it is not a criteria in waterdevelopment projects.

g. Are stakeholdersbeing involved ininland-soil-watermanagementplanning forevolving differentagriculturalstrategies, reducingsoil erosion andimproving soilfertility

Karnataka Water Resources Authority15

under chairmanship of the Minister for WaterResources was established in 2008 toprovide a platform for the inclusion ofstakeholders in decision processes, though ithas not proved to be very effective16.

Karnataka Agriculture Policy 2006 Improving soil health is one of the

goals under the policy "Bhumi-Tayiya Arogya" programme

is a public privatePartnership with the help of 20%contribution from the land owner

15 Government of Karnataka (2008). Government Order WRD 85 MBI 2008 dated September 8, 2008

16 http://202.138.105.9/empri/sites/default/files/docs/web/EMPRI_KSAPCC_2014-03-27.pdf (accessed on3.12.2014)

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and 80% from the State. In additionto manual intervention to restore soilhealth, agronomic conservation(reduced tillage, residuemanagement and crop cover),integrated plant nutrient system, bioinoculums and application of greenmanure is being encouraged.

It is proposed to bring in ‘Soil HealthCard’ as a component of ‘RaithaMitra Pusthaka’ with each individualfarmer, whoever seeks the card at anominal price. The ‘Soil Health Card’will depict the present soil nutrientcontent, deficiencies as well as therequirement of various nutrients forthe soil in order to bring it back tooptimum fertility level.

The developmental strategies includesoil moisture conservation and soilfertility improvement programthrough watershed approach.

6. Augmentingwater Supplyand sanitation

a. Are the statesdoing any of thefollowing toaugmenting watersupply and provideaccess to sanitation

Made recycling andreuse mandatory

There is mention in the policy for completionof all on-going and committed waterresource development projects.

Karnataka State Pollution Control Board(KSPCB) was in the process of making itmandatory for all industries and businessestablishments to reuse the water afterrecycling it. Karnataka would be the firststate to do so. At present, there are morethan 40,000 industries and businessestablishments in the state and the KSPCBhas issued fresh consents for establishmentto over 7,000 new industries and businessestablishments17

b. its Rain waterharvesting potential

There was an amendment brought in 2009 inThe Bangalore Water Supply and SewerageAct to make rain water harvesting mandatoryfor certain buildings18 in the metropolitanarea of the city. There is a RainwaterHarvesting Cell at KSCST for technicaladvice, planning and project implementation,the same can be approached by an individualor an institution.Different departments are to spending underdifferent developmental heads on rainwater

17 http://www.newindianexpress.com/states/karnataka/article1498297.ece18 New buildings on sites measuring 1,200 ft2 and above; existing sites of 2,400 ft2 and above

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harvesting structures……In progress

c. Desalinationtechniques

Karnataka Industrial Policy 2009-201419

States that feasibility of setting updesalination plants and supply of recycledand treated waste water to industries wouldbe explored to enable better cost recoveryand as measure to conserve water resources

d. Made water useefficiencymandatory

There are no mandatory provisions.

e. Are there subsidiesand incentives forrecovery ofindustrial pollutantsand recycling /reuse

The Karnataka Industrial Policy 2009-2014will encourage enterprises20 for recycling ofwater and treatment ofwaste water.

f. Are seweragecharges beingput/removed inurban areas

Yes it is being undertaken in the Bangaloremetropolitan area.

g. What steps areundertaken toaugment ruralwater supply?

Following are the steps undertaken foraugmenting and supplying water to ruralareas:

Bore wells with Hand pumpsBore wells fitted with hand pumps arethe major source of potable drinkingwater in rural areas. Since inception213725 bore wells have been drilled inthe State up to the end of March 2010.

Mini Water Supply SchemeIn this scheme water is pumped to asmall tank (Cistern) fitted with 3 - 4 taps,

19 http://www.karnatakaindustry.gov.in/documents/Karnataka%20Industrial%20Policy%202009-14%20English.pdf

20 Clause 5.10.3 of Karnataka Industrial Policy 2009-2014

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from where water can be collected byhouseholds. Since inception of theprogramme to the end of March 2010,34,073 Mini water supply schemes havebeen completed and commissioned.

Piped Water Supply Scheme

There are as of March, 2010, 24182 PWschemes have been completed andcommissioned.Desert Development Programme (DDP)In drought prone districts of Bagalkot,

Bellary, Bijapur, Davanagere, Raichurand Koppal additional rural water supplyschemes are being implemented underthe Centrally Sponsored DesertDevelopment Programme (DDP)

7. Ground wateruse andmanagement

a. Have the statesdoneAquifer mapping toknow the qualityand quantity ofground water

CGWB has done aquifer mapping for thestate21.The groundwater quality is monitored by theDepartment of Mines and Geology throughnetwork laboratories in all districts ofKarnataka. While surface water is notmonitored routinely, its quality is assessed incases of complaints. A state-of-the-artHydrological Information System (HIS) hasbeen established for the purpose.

b. Does the statehave a groundwater law

There are two laws governing ground waterin the state i.e. Karnataka Ground Water(Regulation for Protection of Sources ofDrinking Water) Act, 1999 andKarnataka Groundwater (Regulationand Control of Development andManagement) Act, 2011, which receivedthe Governor’s assent in April 2011.22

21 http://cgwb.gov.in/AQM/Karnataka.pdf22 AS per the 2011 Act, many of the substantive provisions apply only in the notified areas. The Act regulates three mainaspects of groundwater abstraction: • Owners of all existing types of wells were required to apply for grant of egistrationbefore the end of March, 2013;• Drilling companies were to register themselves and their machinery before June, 2013; •Anyone aiming to dig or drill a new borewell is required to seek prior permission. (The law does not apply to deepening ofexisting wells, a wide-spread practice.)

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c. Is there a authoritymandated tomanage andconservegroundwater

There is a Groundwater Authority in thestate. It has mandate under section 22 ofthe Karnataka Groundwater (Regulationand Control of Development andManagement) Act, 2011 to takenecessary steps for rainwater harvesting andidentify rainwater recharge worthy areas inthe state, irrespective of an area beingnotified or not as the spirit of this section isgeneral in nature. The Authority is alsomandated to take steps for promotion ofMass Awareness and Training Programmeson Rain Water Harvesting and ArtificialRecharge to Ground Water throughGovernment Agencies/Non-GovernmentOrganizations (NGOs) VoluntaryOrganizations (VOs) / EducationalInstitutions/Industries/ Individuals.The Act also requires the authority to takesteps to extend incentives/subsidies to thefarmers who are following waterconservation and rain waterharvesting/recharge schemes.

d. Does the lawprotect overexploited aquifers,how?

As per the mandate of the Act, nowpermissions have to be obtained for drillingbore wells and drawing water forwater‐intensive crops in notified areas. TheAct also has an impact on the existing 1 lakhexisting bore wells, some 50% of which areestimated to be operating. In notified areas,well owners will be obliged to obtainregistration certificates for continued use ofgroundwater which can be refused by theGroundwater Authority if certain conditionsare not met.

e. Is extraction ofground waterlinked withrecharge of thesame?

Not necessarily.

In notified areas, which is the only area herethe substantive provisions of the Groundwater Act are applicable, a permit can begranted subject to conditions, includinginstallation of rainwater harvesting andrecharge structures. Commercial andindustrial applicants may be subject to alonger list of additional conditions:

8. IntegratedWatersheddevelopment

a. Specific stepsstates are taking toensure integratedwatersheddevelopment.

Future vision for water sector developmentas articulated in the state water policy statesWater resources planning, development andmanagement will be carried out adopting anintegrated approach for a hydrological unitsuch as River basin as a whole or for a subbasin, multi-sectorally, conjunctively forsurface and ground water incorporating

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quantity, quality and environmentalconsiderations. Development projects andinvestment proposal will be formulated andconsidered within the framework of river orsub-basin plan so that the best possiblecombination of options can be obtained forpoverty alleviation, increasing incomes andproductivity, equity, reduced vulnerability tonatural and economic risks and costs.Solutions to water allocation and planningissues will be found adopting a demandmanagement approach.

There is a water and land managementinstitute in Dharwad and an Advanced Centrefor Integrated Water ResourcesManagement( IWRM), a specializedinstitution being set-up by the Governmentof Karnataka.

In order to effectively coordinate the effortsat integrated watershed development,Watershed Development Department wasestablished in 2000. The departmentimplements all the watershed schemes andprojects under State Sector, Central SectorSchemes, Externally aided Projects as well asDistrict Sector Schemes.

b. Have statutory /administrative /departmental stepsbeen taken in orderto integrate / alignthe objectivefunctions whichmay differ

It is the function of the watershedDevelopment Department to co-ordinatewith other line departments likeAgriculture , Horticulture, RuralDevelopment, Sericulture, Forestry,Fisheries, Industries & commerce,Women & child development, UAS,NABARD and international organizationslike DANIDA, World Bank etc. to achieveits goals of integrated watersheddevelopment.

c. Are water sourcesand theircatchment areasbeing looked at intotality?

Yes, there are being looked at onehydrological units

d. Have steps beentaken to avoidduplication ofoverhead costs inorder to createsynergies

No information is available

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e. Are developmentallaws harmonisedwith the need ofintegratedwatersheddevelopment.

No information available23

f. Have otherdevelopmentrelated laws beenamended orharmonized inorder to avoidcontradictions (e.g.The IndianEasement Act 1882and the confusionregardingownership ofgroundwater, and /or surface water)

No information available

9. DemandManagementand Water useefficiency

a. Is there anyspecific law mandatingquantum of water for aparticular use i.e.benchmarking of waterusage for different uses inindustrial water usage

There is no law

b. Any penalty forwastage of water andincentive for water useefficiency

No information available

c. Any efficiencybenchmark at whichirrigation projects have toperform and function

There are no efficiency benchmarks forirrigation projects in the state

23 On basis of desk based research no such information was available.

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d. What are theexisting schemes providingincentives for engaging incropping pattern usingmicro irrigation (drip,sprinkler, etc.), automatedirrigation operation,evaporation-transpirationreduction, etc.

Micro Irrigation Scheme isimplemented by the Department ofHorticulture with the objective ofbetter utilization of available water.It will be a Centrally SponsoredScheme under which out of thetotal cost of the MI System, 40%will be borne by the CentralGovernment, 35% by the StateGovernment and the remaining25% will be borne by thebeneficiary either through his/herown resources or soft loan fromfinancial institutions (the subsidy forDrip Irrigation in Bijapur & Kolardistricts is 100%) During 2011-12,an amount of Rs. 124.43 Croressubsidy has been given to thebeneficiaries for the installation ofDrip Irrigation in area of 43,783hectares. 75% subsidy is given toencourage installation of dripirrigation in horticulture crops in allthe districts of the State.

Micro irrigation Monitoring Systemhas been developed for submittingthe online applications. This enablesto maintain transparency inseniority list and quick clearance ofdrip applications.

Subsidy is being directly given to thefarmers through the ElectronicClearance System (ECS).

Govt. Is promoting sprinklerirrigation method for crops undercentrally sponsored scheme.

f. Any scheme beingused in the state whichencourages people to usewater use efficient gadgets

No information available24

24 On basis of desk based research no information is available.

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g. Is there amechanism to conductwater audits –voluntary ormandatory

The State Water Policy 2002 mentionsabout making water accounting andaudit mandatory.Water Auditing is the most importantfactor in water management. The timegap between excess flows in canals andcontrol over these flows is very high.Therefore, to achieve concurrent wateraudit, real time measurement and flowof water, telemetry with electronic flowmeters was piloted successfully in theGhataprabha irrigation system (GLBC)

10. Water pricing a. Is there amechanism for waterpricing?

The State Water Policy 2002endeavours to fix water rates for varioususes to cover at least the operation andmaintenance charges of providingservices.

The Karnataka Urban DrinkingWater And Sanitation Policy, 2003talks about establishing “appropriate costrecovery mechanism through adequatetariff to ensure that revenues coveroperations and maintenance costs, debtservice plus a reasonable return oncapital.”The policy applies to supply of water inthe urban areas and it aims at achieving100 percent metering and volumetricpricing for the water supplied.

There is a mechanism for water pricingfor water supplied to the BangaloreMetropolitan Area. The Bangalore WaterSupply and Sewerage Board establishedunder the Bangalore water supplyand Sewerage Act, 1964 isempowered to levy watercharges/rates/fees for the water suppliedfor domestic and non-domestic purposeswithin the Bangalore Metropolitan Area.

The Karnataka Water Supply andDrainage Board established as perKarnataka Urban Water Supply andDrainage Board Act, 1973 is in-charge of supplying water in urban areasother than city of Bangalore. The Boardcan levy and collect water rates, fees,rentals and other charges as specified bythe State Government.

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b. Has Water RegulatoryAuthority beenestablished

The state has not established WaterRegulatory Authority

c. What is the water pricingmethods being followed?

Urban AreasThe Bangalore Water Supply andSewerage Board which is levying andcollecting water charges/rates/fees forthe water supplied for domestic and non-domestic purposes within the BangaloreMetropolitan Area operates on a ‘noprofit no loss’ principle and allcomponents of O&M cost is taken intoaccount for evolving price for the watersupplied.

The Karnataka Water Supply andDrainage Board which is levying andcollecting water rates, fees, rentals andother charges as specified by the StateGovernment/ Municipal Corporation fromthe consumers in areas other thanBangalore Metropolitan Area.

d. Has water pricing beenrationalised? If yes how? Ifno why?

Urban AreasThe Bangalore Water Supply andSewerage Board which is levying andcollecting water charges/rates/fees forthe water supplied for domestic and non-domestic purposes within the BangaloreMetropolitan Area operates on a ‘noprofit no loss’ principle and there isrationalisation of water pricing.

Rural AreasThe Karnataka Panchayat Raj Act,1993 empowers25 the Grama Panchayat(GP) to maintain drinking water supplystructures by raising resources for thesame. The Grama Panchayat isresponsible for collecting water chargesin rural areas and operations andmaintenance of water supply schemessuch as Mini Water Schemes (MSW) andPiped Water Schemes (PWS).The collections of water charges differvary from one GP to another. The watertaxes are not based on the cost incurred

25 Section 58 1A (iii) (iii) The Karnataka Panchayat Raj Act, 1993 -maintaining water supply works either on itsown or by annual contract by generating adequate resources;

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on operations and maintenance; chargesare based on the discretion of the GPs.The cost of O&M is much higher than theamount charged by the GP.There is no rationalisation of watercharges being recovered by GP.

e. Are water charges beingrecovered from theconsumers?

Urban Water Supply for drinking andsanitation

The Karnataka Water Supply andDrainage Board is levying and collectingwater rates, fees, rentals and othercharges as specified by the StateGovernment from the consumers.

The Bangalore Water Supply andSewerage Board is levying and collectingwater charges/rates/fees for the watersupplied for domestic and non-domesticpurposes within the BangaloreMetropolitan Area on ‘no profit no loss’principle from the consumers.

Rural Water Supply for drinking andsanitationThe Karnataka Panchayat Raj Act,1993 empowers26 the Grama Panchayat(GP) to maintain water supply structuresby raising resources for the same. Thecollections of water charges differ varyfrom one GP to another. The water taxesare not based on the cost incurred onoperations and maintenance; chargesare based on the discretion of the GPs.The cost of O&M is much higher than theamount charged by the GP.

26 Section 58 1A (iii) (iii) The Karnataka Panchayat Raj Act, 1993 -maintaining water supply works either on its own or byannual contract by generating adequate resources;

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f. Are Water UsersAssociations (WUAs) areinvolved in the process offixing rates of water

Under the Karnataka Irrigation Act,1965, water users society27, water userassociation28, Water Users DistributaryLevel Federation29, Water Users ProjectLevel Federation30, Water Users ApexLevel Federation have been established.The water users society and water userassociation can levy31 and collect watercharges and service charges from theland holders.

g. Are Water UsersAssociations (WUAs) givenstatutory powers to collectand retain a portion ofwater charges, manage thevolumetric quantum ofwater allotted to them andto maintain the distributionsystem in their jurisdiction?

The water users society and water userassociation have been given statutorypower under the Karnataka IrrigationAct, 1965 (Amending Act 24 of2000) to levy and collect water chargesand service charges from the landholders both members and non-members alike.

The functions of water users society32

and water user association33 as perKarnataka Irrigation Act, 1965 is toprocure water in bulk on volumetric basisfrom the Irrigation Department orKrishna Jala Bhagya Nigama or

27 Section 2(s) Karnataka Irrigation Act, 1965 "Water Users Society" means a Water Users Co-operative Society registeredunder the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959),-(a) members of which consist of not less than sixty percent of the Water Users for cultivation of land; or(b) majority of members of which consist of Water Users for cultivation of land and holding not less than fifty one percent ofland, under an irrigation work within the area of operation of the society 1[but excluding a tank irrigating less than twothousand hectares and not falling within the command area of a major or medium irrigation project.Explanation.- For the purposes of this clause "area of operation " means an area comprising a contiguous block of land withinan irrigation work as may be notified by the Irrigation Officer. from time to time28 Section 2 (pp) Karnataka Irrigation Act, 1965 "Water Users Association" means "a Water Users Association registered underthe Karnataka Societies Registration Act, 1960 (Karanataka Act 17 of 1960),-(a) members of which consist of not less thansixty percent of the Water Users for cultivation of land; or(b) majority of members of which consist of Water Users forcultivation of land and holding not less than fifty one percent of land; under an irrigation work being a tank irrigating lessthan two thousand hectares but excluding tanks within the command area of a major or medium irrigationproject.

29 Section 2 (q) Karnataka Irrigation Act, 1965 "Water Users Distributary Level Federation" means a Federation of Water UsersSocieties at Distributory Level registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) themembers of which consist of not less than fifty one percent of the Water Users Societies within an area in relation to adistributary of a major or medium irrigation project, as may be notified by the State Government;30 Section (r) Karnataka Irrigation Act, 1965 "water Users Project Level Federation" means,-(i) in the case of a major irrigationproject, a Federation of 1[Water Users Societies or]1 Water Users notified by the State Government;30 Section (r) Karnataka Irrigation Act, 1965 "water Users Project Level Federation" means,-(i) in the case of a major irrigationproject, a Federation of 1[Water Users Societies or]1 Water Users Distributary Level Federations at the project level registeredunder the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the members of which consist of not lessthan fifty one percent of 1[Water Users Societies or]1 Water Users Distributary Level Federation within an area in relation tothe major irrigation project as may be notified by the State Government; (ii) in the case of a medium irrigation project, afederation of Water Users Societies at the project level registered under the Karnataka Co-operative Societies Act, 1959(Karnataka Act 11 of 1959) the members of which consist of not less than fifty one percent of Water Users Societies within anarea in relation to the medium irrigation project as may be notified by the State Government;(iii) in the case of a minor irrigation or lift irrigation works, a federation of Water Users Societies in relation to such minorirrigation or lift irrigation works registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) themembers of which consist of not less than fifty one percent of Water Users Societies within such area as may be notified by theState Government;31 Section 62A (4) Karnataka Irrigation Act, 196532 Section 62A (2) Karnataka Irrigation Act, 196533 Section 62AA (2) Karnataka Irrigation Act, 1965

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Karnataka Neeravari Nigam anddistribute it to the land holders amongstits area of operation.

11. Scientificassessment ofwater resourcesand Database,informationsystem

a. Institutions involved inthe scientific assessment ofthe water resources

The Water Resources DevelopmentOrganisation involved in collection andpublication of Hydrological and Hydro-meteorological data for the state,designing of water resources projects.

Karnataka State Council for Science andTechnology (KSCST) an autonomousorganization under Department of Science& Technology, Government of Karnatakais involved with scientific assessment ofwater resources and for collating datarelated to it especiallygroundwater(quality, depth of watertable), preparation of drinking waterquality maps. The council set upKarnataka Natural Resources DataManagement System (NRDMS)program and also established DistrictNRDMS Centres in the state. KarnatakaState level Spatial DataInfrastructure (KSSDI) calledKarnataka Geoportal is a centralizedsingle window access mechanism for allthe spatial data acquired by variousagencies in Government of Karnatakaprimarily to support planning activities ofthe Panchayati Raj Institutions (PRIs),district/state line departments, UrbanLocal Bodies (ULBs) and civil societyorganizations in the State. KSSDI is anInternet based GIS Directory for the state.

Central Ground water Board is involvedwith assessment of groundwaterresources in the state.

Department of mines (Groundwater wing)is also involved in hydrological survey andidentification of watersheds.

b. How is the stateorganising its hydrologicaldatabase and using it fordecision making.

Water Resources DevelopmentOrganisation and Karnataka NaturalResources Data ManagementSystem (NRDMS) is involved in thisprocess of using data from theseresources for planning.

c. Which institutionsand regulatory bodies areinvolved in the collection ofData

Water Resources DevelopmentOrganisation

Central Ground water board Department of mines and geology

(groundwater wing) Karnataka State Council for Science and

Technology (KSCST)

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d. What are thedifferent types of Databeing collected at the statelevel

Groundwater quality is monitored bythe Department of Mines andGeology throughnetwork laboratories in all districts of Karnataka

Collection of groundwater data byCentral Ground water board

Hydrological Information System(HIS) has been established.

12 Allocation anduses of water

a. Is there amechanism for waterallocation amongst differentcompeting uses

The State water Policy 2002 specifiespriorities for allocation of water amongstcompeting uses, though mechanism is notprescribed.

b. If yes, the criteriaand principles followed forallocation

Presently, there is no mechanism forallocation of water

c. Are principles ofequity and social justicebeing followed for waterallocation

Presently, there is no mechanism forallocation of water

d. The existingmechanism for disputeresolution in allocation ofwater

Presently, there is no mechanism forallocation of water

e. Have the water useshave been prioritized, andhas the basic needsprinciple been adopted;e.g. Reservation of waterfor drinking (inclusive ofcattle) drinking anddomestic purposes

The State Water Policy 2002 mentions thepriority of order in which water is to beutilised. It statesIn planning and operation of water resourcesprojects, water allocation priorities shall bebroadly as follows :a. Drinking waterb. Irrigationc. Hydropowerd. Aquaculturee. Agro industries

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f. Non-Agricultural Industriesg. Navigation and other uses

f. Has the state policydefined the procedure ofallocation of scares waterbetween sectors? e.g.Drinking and domestic,agriculture, industry,Hydro-power etc, in orderto achieve optimal use

There is no procedure for allocation ofwater amongst different uses.

g. Between theprinciple of satisfying basicneeds and the principle ofability to pay (pricing),which one will be givenpreference and / orpriority?

There is no procedure for allocation ofwater amongst different uses. The Waterpolicy ascribes highest priority todrinking water.

13 Management OfFlood &Drought

a. What is theregulatory mechanism toprevent loss of land erodedby the river, which causespermanent loss,revetments, spurs,embankments, etc.,

There is no regulatory mechanism toprevent loss of land eroded by the river,which causes permanent loss,revetments, spurs, embankments, etc.

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b. Is there aninstitutional setup for floodforecasting using real timedata acquisition system andlinked to forecastingmodels?

The Krishna and Godavari BasinOrganisation (KGBO) set up byCentral Water Commission has setup Krishna & Co-ordination Circlecomprising of eight flood forecastingstations under Krishna basin, out ofwhich four are in Karnataka and four arein Andhra Pradesh. Under the floodforecasting scheme, 30 Wireless stationswere established in Krishna Basin fortransmitting the gauge, discharge andrainfall data on real-time basis.

The Minor Irrigation Department isimplementing river bank protectionworks to prevent damages to river banksdue to floods.

There is Karnataka State NaturalDisaster Monitoring Centre(KSNDMC) has been set up formonitoring any occurrence of floodsituation.

14 IntegratedWaterResourcesManagement

a. Has the stateincorporated river basin /sub-basin as a unit as themain principle for planning,development andmanagement ofWater resources.

The State Water Policy 2002 incorporatesriver basin as the basic unit for “waterresources planning, development andmanagement will be carried out adopting anintegrated approach for a hydrological unitsuch as River basin as a whole or for a subbasin, multi-sectorally, conjunctively forsurface and ground water incorporatingquantity, quality and environmentalconsiderations.”

There is Karnataka Cauvery BasinIrrigation Protection Act, 1991, but thelimited purpose of this enactment is toprotect the interest of the general public forthe protection and preservation of irrigationin the irrigable areas of the Cauvery basin inKarnataka, dependent on the waters ofCauvery river and its tributaries.

b. Are there riverbasin 34managementauthorities established bythe state government

The state has established the Krishna BasinDevelopment Authority under theKarnataka Krishna Basin DevelopmentAuthority Act, 1992 to develop the Krishnariver basin area lying within the state.

The state has also established CommandArea Development authorities under theKarnataka Command AreasDevelopment Act, 1980 for

34

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comprehensive development of commandareas of Tungabhadra project, Munirabad,Malaprabha and Ghataprabha Projects,Belgaum, Cauvery Basin Projects, Mysore.The Tungabhadra Board was established in1953 by a notification by the President asper the Andhra State Act, 1953 toimplement Tungabhadra project. Theconstruction of the Tungabhadra project wascompleted with completion of the Right BankHigh Level Canal in 1970. Presently, theBoard performs the function of regulation ofsupplies of water to the States of AndhraPradesh and Karnataka in accordance withthe clause IX E(1) to (5) of Final Order of theKrishna Water Disputes Tribunal (K.W.D.T)relating to the Tungabhadra Project. It alsoregulates generation of power from the twopowerhouses on the right side and developsnew schemes for hydropower generation oncommon facilities and its regulation.

c. What are thefunctions and powers ofthe river basinmanagement authorities

The functions35 of the Krishna basindevelopment Authority established underthe KarnatakaKrishna Basin DevelopmentAuthority Act, 1992 are as follows:(a) to undertake planning, investigation,estimation, execution, operation andmaintenance of all irrigation project andworks;(b) to promote and operate schemes for

irrigation water supply and drainage;(c) to promote and control navigation in

the river and its tributaries, canals andchannels;(d) to formulate and execute schemes

for the comprehensive development ofthe Krishna Basin;(e) to undertake resettlement and

rehabilitation of the people affected bythe construction of the projects andworks in the Krishna Basin;(f) to construct proper drainage systems

and take such other measures as arenecessary to prevent water logging andsalinity in the Krishna Basin;(g) to undertake measures for

protection and improvement of theenvironment including the treatment ofcatchment areas of the projects andworks

The major functions of the Command

35 Section 7 Karnataka Krishna Basin Development Authority Act, 1992

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Area Development Authorities formedunder Karnataka Command AreasDevelopment Act, 1980 are ashereunder:

1. Reclamation of water logged areas.2. Construction of field irrigation

channels (FIC).3. Construction of field drains.4. On-farm development (OFD).5. Adoption of warabandi system for

distribution of water.6. Adoption and enforcement of

suitable cropping pattern.7. Conjunctive use of surface and

ground water.8. Extension training and demonstration

Programmes.9. All round development of areas

pertaining to agriculture.Implementation of ParticipatoryIrrigation Management.

15 Planning andImplementationof waterresourceprojects

a. What is the level ofparticipation of localgoverning bodies likePanchayats, Municipalities,Corporations, etc., andWater Users Associations,in planning ofWater resource projects.

Water Resources DevelopmentOrganisation is involved in planning ofMajor & Medium Irrigation Projects,establishing, maintenance, collection andpublication of Hydrological andHydro-meteorological data of the entireState. There is no involvement of localgoverning bodies in planning of theseprojects.

Karnataka Neeravari Nigam Limited (agovernment company) is involved inplanning, investigation, building,operating and maintaining irrigationprojects and the works of Malaprabhaand Ghataprabha-Command AreaDevelopment Authority in the Krishnariver basin of Karnataka, excluding theUpper Krishna Project.

Krishna Bhagya Jala Nigam Limited(government company) is involved inplanning, investigation, building,operating and maintaining irrigationschemes of Upper Krishna Project (UKP)

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b. Are the needs andaspirations of theScheduled caste andScheduled Tribes, womenand other weaker sectionsof the society being takeninto consideration in theplanning process

There is no concrete informationavailable on this aspect

c. Is there aninstitutional mechanism inthe form of a single windowclearance for all clearances,including environmentaland investment clearances,required for implementationof projects to avoid theeconomic losses

No, there is no single window clearance

16 Conservation ofriver corridors,water bodiesandwetlands

a. What is theprevalent institutionalstructure for conservationand management of rivercorridors, water bodies,wetlands within the state?

The Lake Development Authority wascreated vide Government OrderNo.FEE/12/ENG/02, Bangalore, Dated. 10thJuly 2002. It is a registered society under theKarnataka Societies Registration Act, 1959and a non-profit organization working solelyfor the regeneration and conservation oflakes within BMRDA jurisdiction.

However, from 30.04.2003 the LakeDevelopment Authority's jurisdiction hasbeen extended over the lakes in citymunicipal corporations in the State as well aslakes in the city Municipalities which are themain sources for drinking water. The LakeDevelopment Authorityis responsible for:• Restoring lakes and facilitating restorationof depleting ground water table.• Diverting/treating sewage to generatealternative; sources of raw water andpreventcontamination of underground aquifers fromwastewater.• Environment impact Assessment studies.• Environmental Planning and GIS Mappingof lakes and surrounding areas.• Improving and creating habitat for waterbirds and wild plants.• Reducing sullage and non-point water

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impacts.• Improving urban sanitation and healthconditions especially for the weaker sectionsliving close to the lakes.• Impounding run-off water to ensurerecharge of ground water aquifers andrevival of borewells.• Monitoring and management of waterquality and lake ecology.• Utilizing the lakes for the purpose ofeducation and tourism.• It also has the governing council which hasthe powers to among other things:• Frame regulations, byelaws

b. Is there communityparticipation in theconservation of rivercorridors, water bodies,wetlands?

The Lake Development Authority ismandated to ensure community participationand raising public awareness programmesfor lakes conservation.

c. What are theinstitutional and regulatorymeasures to deal withencroachments anddiversion of water bodies,wetlands in rural and urbanareas?

Under the Karnataka MunicipalCorporation Act, 1976 provision isthere in urban areas to deal withunauthorised occupation of landbelonging to the corporation andpunishment in the form of imprisonmentfor a term extending to 3 years andimposition of fine of five thousandrupees.36 There is no specific provision todeal with encroachments and diversionof water bodies, wetlands.

There are provisions in the KarnatakaLand Revenue Act 1964 that providefor assignment of land for specialpurposes and which cannot be used forany other purpose without the sanctionof the Collector. The state governmentcan assign land around water bodies andwetlands for specific purpose ofprotecting their catchment areas, thentheir diversion of regulated as per law.These provisions can be creatively usedfor wetland protection.

Though, there are no specific regulatorymeasures to deal with encroachmentsaround wetlands per se, provisions in

36 Section 436A Karnataka Municipal Corporation Act, 1976

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Karnataka Land Revenue Act, 1964 andKarnataka Municipal Corporation Act,1976 can be used for their protection

d. Besidesparticipation, has thecommunity or an individualbeing given the right (dutyand responsibility) toprotect and conserve watersources?

No information available

Whether the present institutional and regulatory framework isadequate to implement the National Water Policy-2012?

The State Water Policy-2002 (‘water policy’) was formulated keeping in mind the mandate ofthe then prevailing National Water Policy, 2002 and it is evident from the water allocationpriorities in the water policy, which is- a. Drinking water b. Irrigation c. Hydropower d.Aquaculture e. Agro industries f. Non-Agricultural Industries and g. Navigation and otheruses. NWP-2012 additionally lays emphasis upon setting aside water for ecological needs ofthe river to be determined scientifically to accommodate developmental needs. Water Policydoes not address this aspect and neither is there any reflection of this concept in theregulatory regime of the State. However, there was a move37 (2002) in the state to enact alaw for constituting a riverbed authority for conservation of river waters, but the same hasnot seen the light of the day.

At the first instance, the state is required to amend the state policy to reflect the new realityin the form of NWP-2012 and also incorporate regulatory changes brought in by the state inthe form of new enactment such as Karnataka Ground water (Regulation and Control ofDevelopment and Management) Act, 2011.

The water policy aimed at establishing a State Water Resources Board providing institutionalsupport for multi-sectoral water planning, inter-sectoral water allocation, planning of waterdevelopment programmes, management decisions, and resolution of water resources issues.The Water Resources Development Organization was to act, as technical secretariat for theState Water Resources Board. A State Water Resources Data and Information Center wasalso to be established. The state has not set up a State Water Resources Board or a State

37 http://www.thehindu.com/2002/01/08/stories/2002010803080300.htm

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Water Resources Data and Information Center. There is no regulatory mechanism in thestate for resolving inter-sectoral water allocation and water resources issues. NWP-2012 laysemphasis on setting up an independent statutory Water Regulatory Authority fordetermining ‘equitable access to water for all and its fair pricing, for drinking and other usessuch as sanitation, agricultural and industrial’.

The recurring theme in NWP-2012 is efficient use of water and its optimum utilization bydifferent sectors achievable through a system of evolving benchmarks for water uses fordifferent purposes, i.e. water footprints, and water auditing to promote and incentivizeefficient use of water. Water use efficiencies are to be incorporated at the ‘project’ and‘basin’ level through a continuous process of undertaking water accounting and waterbalance studies. This aspect is presently not addressed at the State level, though can beundertaken through existing basin level authorities such as Krishna Basin DevelopmentAuthority.

NWP-2012 underlines the need for institutionalising community-based participation in watermanagement. The State amended its Karnataka Irrigation Act, 1965 to establish water userssociety, water user association, Water Users Distributary Level Federation, Water UsersProject Level Federation, Water Users Apex Level Federation. Water Users Association andWater Users Society is involved with the function amongst others of developing irrigationinfrastructure, procuring water in bulk on volumetric basis for equitable distribution to theland holders for irrigation and collection of water and service charges from the landholders.The Act excludes establishment of water Users Association and Water Users Society fallingwithin command area of major or medium irrigation project. Karnataka Command AreasDevelopment Act, 1980 covers such an area and the Command Area Authority constitutedunder the act is empowered to levy and collect charges for the maintenance and repairs ofirrigation channels or drain channels from the beneficiaries, though there is no communityparticipation in this process. There is a need for incorporating community-basedparticipation in water management in such command areas.

Conservation of rivers, river corridors, water bodies and/or associated wetlands, the floodplains, ecological buffer areas are to be managed in an integrated manner to balance theenvironmental and social issues as per NWP-2012. The institutional and regulatoryframework on wetlands and water bodies is inadequate in the state and water policy is silenton this issue. There is a Lake Development Authority for Bangalore established under anexecutive order of the state government. A dedicated statutory authority empowered to takeaction for preservation of wetlands and water bodies through community participation isrequired for the state.

Pricing of water and collection of water charges/rates covering operation and maintenancecharges inadequately addressed within the regulatory regime of the state. In rural areasGrama Panchayat (GP) is empowered as per The Karnataka Panchayat Raj Act, 1993 tomaintain drinking water supply structures by raising resources for the same. The GramaPanchayat is responsible for collecting water charges in rural areas and operations andmaintenance of water supply schemes such as Mini Water Schemes (MSW) and Piped WaterSchemes (PWS). The collections of water charges differ vary from one GP to another. Thewater taxes are not based on the cost incurred on operations and maintenance; charges arebased on the discretion of the GPs. The cost of O&M is much higher than the amountcharged by the GP. There is no rationalisation of water charges being recovered by GP.Water supply in urban areas faces similar challenge, with the exclusion of Bangalore Waterand Sewerage Board, which operates on ‘no profit no loss’ model. Water Policy talks aboutrevision of water rates in a phased manner to recover the operation and maintenance

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charges of providing services. NWP-2012 underlines the need for adoption of economicprinciples for water pricing while retaining ‘principle of differential pricing’ for the pre-emptive uses of water for drinking and sanitation and priority allocation for ensuring foodsecurity and supporting livelihood for the poor for more efficient uses of water.

The regulatory mechanism on water harvesting needs to be harmonised for bringing in therequisite changes in water use patterns and more emphasis to be placed on recycle andreuse of water and for evolving a system to incentivise water conservation.

A significant addition to NWP-2012 is recognition of impact of climate change on availablewater resources and consequent impacts upon human health and livelihoods. There is aneed to adopt measures at a micro level to mitigate its effect through enhancement ofcommunity’s capabilities through technological options. The measures to be adopted areincreasing water storage in its various forms, namely soil moisture, ponds, ground water,small and large reservoirs. Further, measures to incentivize water storage capacity, includingrevival of traditional water harvesting structures and water bodies is the need of the hour.The state has formulated an action plan for climate change. As per Ist Assessment (2014)under the Karnataka State Action Plan for Climate Change impact on water resources arediscussed in detail in this report. This report was made in 2012 so the latest AR5, IPCCprojections have not been taken in to account and needs to be revised. As per availableinformation, the district level climate change action plans are still to be formulated whichneeds to include measures for revival of traditional water harvesting structures and waterbodies to bring it in consonance with NWP-2012.

Any informed decision making presupposes availability of good quality data and the same isaccentuated by NWP-2012. An integrated database of all water related data like rainfall,geo-morphological, climatic, geological, surface water, ground water, water quality,ecological, water extraction and use, irrigated area, etc., in well defined online formats isrequired. There are different departments and agencies maintaining data relating to water inthe state, which requires harmonisation and setting up of a dedicated State WaterResources Data and Information Center as envisaged in water policy.


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