State’s right asserted

Water resource is the rich property of the state. Being a mountainous state, we have snow capped mountains with huge glaciers that provide uninterrupted water supply to our rivers, streams and springs. The importance of water resource is becoming more and more strident not only in the country but almost all over the world. Generating hydroelectric power is a privilege of the regions like ours that have abundance of water. But just having water is not enough. What is important is the harnessing of this source of energy and that needs technology, investment and planning. After the partition of India and creation of another state, it was natural that there should be an equitable distribution of water from the rivers springing up in our state and their water flowing down to the plains. All of the northern rivers rising in the Himalayas flow past Pakistan and fall into the Arab Sea. Thus Pakistan had to be given the due share of water resources. A treaty known as Indus Water Treaty was drawn under the aegis of World Bank and a formula was accepted by India and Pakistan about the sharing of water of northern rivers. This is named as Indus Water Treaty. The two countries have been pursuing water management according to the terms of the treaty. But the State of Jammu and Kashmir has a grouse with both the countries. Its contention is that although all the three rivers whose water management has gone to Pakistan namely Sind, Jhelum and Chenab, originate and flow through the territory of Jammu and Kashmir yet the State was not made a party to Indus Water Treaty. The State leadership argues that it has lost enormous income on account of compensation or levy on water.
Apart from this generalization of utilization of State’s water resource, we have had another problem with the neighbouring State of Punjab. Ravi flows partly through the territory of Jammu and Kashmir and partly through Punjab. Punjab and J&K Governments had previously entered into a negotiated settlement about the formula of utilization of this water resource for the benefit of the people on just and equitable basis. But in 2004 the Punjab Government unilaterally passed an Act by which it abrogated all agreements with all other states on Ravi river water called Termination of Acts 2004. However this Act could not disrupt the Union Government’s decision of 1955 whereby the share of Ravi and Beas rivers was fixed for different States including Jammu and Kashmir.
Considering the adverse consequences of this unilateral Act of Punjab Government the J&K Government claimed that it retained the right to lift water from upstream of Ranjit Sagar Dam in Punjab, Actually the State Government had made all preparations for uplifting the water and had even sanctioned 20 crore rupees for the project of building an 80 kms long canal to bring water for irrigating nearly 1.33 lakh acres of land in three districts of Jammu. However, the scheme was put in abeyance because the Government wanted to make sure that there was no legal hitch. Although the State Attorney did not find any legal flaw in executing the project of digging the canal, yet the Government took a more cautious step and after preparing the case with all documentary evidence approached the Attorney General of India to opine on the project and define States position vis-à-vis the Punjab Government’s Act of Termination.
The State Government is happy to know that the Attorney General has not only given green signal to it to go ahead with the project of lifting the water upstream of Ranjit Sagar Dam but has also expressed his surprise that the state has  been denied its right for so many years. The State denied its due for so many years is now poised to begin construction of Ravi canal from Basantpur up to the influx of Ranjt Sagar dam reservoir by lifting water for irrigation. According to Attorney General, Punjab Government has no right to disallow J&K Sate using the water for irrigation. It is also hoped that the canal can have the capacity of generating about 20 MW of electric power as well which will be additional benefit to the people of the area.
Now armed with legal support, the State Government should order beginning of the execution of the project without further delay. Three districts of Jammu province will be benefited by the water of the canal thus constructed. We should appreciate the perseverance of the State Government in fighting for its rights that had been denied since 2004. Let the implementation of the project now begin at the earliest possible.