Eastern Rajasthan Canal Project takes political twist after Centre’s directive to stop work

Subject :Polity

Section: Agriculture

Context:

The project is set to benefit 13 districts of Rajasthan through interlinking of three rivers Parvati, Kali Sindh and Chambal
The ambitious project stipulates transfer of excess water from the Chambal river basin to the regions facing water scarcity.
Is also expected to supply irrigation waters to an additional command area of 2 lakh hectares. It will facilitate restoration of dependable yield of the existing 26 major and medium irrigation projects en route – reduced to 30% – to their original status.
Rajasthan govt also demanding for The national project status, if accorded, will fix the share of the Centre and the State in the expenditure in the ratio of 90:10
Centre’s directive to stop all work in view of “lack of consent” by other States
Rajasthan govt argument Water is a State subject and Madhya Pradesh had itself built the Mohanpura dam on the Newaj river, a tributary of Parvati river, and the Kundalia dam on Kalisindh river

Inter-state water dispute:

Art 262 provides for the adjudication of inter-state water disputes. It has two following provisions:

Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.Under the provisions of the act, the central government has enacted, River boards act (1956) and Inter-state water disputes act (1956).
The river board act provides for the establishment of river boards for the regulation and development of the Inter-state River and river valleys. Such a river board is established on the request of the state governments concerned.
The inter-state water dispute act empowers the central government to set up an ad hoc tribunal for the adjudication of a dispute between the two or more states in relation to the water of an inter-state river. The decision of the tribunal would be final and binding. Furthermore, the act bars the SC and any other court to have jurisdiction in this matter.

7^th Schedule of Constitution : defines and specifies allocation of powers and functions between Union & States.

Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
Entry 56 of Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.