Riparian Principle & Sharing of River Water

ALOK K. SHRIVASTAVA

It is well established that rivers are life for us.
Throughout history, human civilizations have survived and thrived along the banks of rivers, viz., Mesopotamian, Indus Valley, Egyptian, and Chinese civilizations. Rivers have played a paramount role in facilitating and enabling development, well-being, and prosperity in the ancient, medieval, and contemporary worlds.

When it comes to water development and management, the four river valley civilizations were well ahead of their times, through advanced canal irrigation systems or, possibly, rainwater harvesting. Unfortunately, the Farhat and Siruwan rivers in the Mesopotamian region have now turned into lean and thin entities.

A river is an important source of drinking water, trade, irrigation, and several other uses. During its three phases — young, mid-course, and old — rivers serve us immensely. As rivers contain freshwater and the sea contains salty water, the former’s water has to be shared.

The term riparian comes from the Latin language, meaning bank or shore. It refers to things that exist alongside a river, namely wetlands, habitats, vegetation, etc. These zones are transitional areas falling between rivers, lakes, streams, and the lands around them. Even soils are shaped by water and accumulating sediments.

In the Indian context, the term 'Doab' is very significant. It means a riverine tract wherein two streams converge, or it is a stretch of land lying between two confluent rivers, such as those between India and Pakistan.

Indus & India

India is a riverine country like Bangladesh, Pakistan, or, for that matter, countries in the Middle East and Europe. The Himalayan, Deccan, Coastal, and North Eastern rivers have played a decisive role in shaping the geography and culture of the country.

Even the very name of our country emanates from the great and mighty Indus River. Our vast landscape is crisscrossed by minor and major rivers, which are the lifeline for various communities, flora, and fauna.

Riparian Rights

These are the natural rights for the use of river water to cater to human needs. These cannot be taken away, nor can they be granted. A person or body may not own the flowing water, but nevertheless, has the right to use it.

These include rights of ingress, egress, bathing, boating, fishing, etc. These rights cannot be proprietary under any circumstance.

Riparian areas are tracts of land situated along streams, lakes, and rivers, and there is something called a stream corridor.

Do’s& Don’ts

In the context of the riparian principle, if there is not enough water to meet the demands of all users, allotments have to be made in proportion to the frontage on the water source.

Under international law, an upper riparian state can never stop the flow of water to the lower riparian state or country. All landowners on either side of the river banks have the right to make reasonable use of flowing water. Also, one must have access to free-flowing water bereft of any obstruction, such as a dam.

Emerging Patterns

River water-sharing issues between India and Pakistan, on one hand, and between India and China, on the other, must be looked at from this perspective.

Even the often-discussed and inconclusive river water-sharing issue between India and Bangladesh needs to be viewed accordingly.

Recent Decision of the Government of India

The government of the day is within its rights — indeed, it can go ahead with putting on hold or suspending the Indus Water Treaty (IWT), signed on September 19, 1960, after nine years of negotiations between India and Pakistan.

India has full rights over the Eastern rivers — Ravi, Beas, and Sutlej — while Pakistan has rights over the Western ones — Indus, Jhelum, and Chenab.

Further, the Union Jal Shakti Minister has declared that "not even a drop of water from Indian rivers would go to Pakistan."
This is not the first time the issue of distribution of water between the two countries has been raised. In 2016, in the aftermath of the terrorist attack in Uri, the Prime Minister had declared, "Blood and water cannot flow together."

However, it is desirable that swift, sustainable, and long-term arrangements are made for storing Indus river water on the Indian side.

If the aim is to cause drought in Pakistan, the steps proposed must not lead to floods on the Indian side. Besides, additional issues linked to erosion and submergence are bound to arise if we decide to play with nature. Currently, India lacks the needed infrastructure to use the Indus system as an effective hydro-disciplinary tool.

As of now, the concerned ministry is looking at available options to use Indus basin water in the short, medium, and long terms. All legal and technical aspects, including the diversion of water, are being examined.
This decision to pause the IWT was one of the key measures announced after the inhuman attack on innocent tourists in Pahalgam on April 22.

Interim Action by Pakistan

Pakistan says India's proposed action will be considered an act of war.
On their side, the Pakistan government has decided to halt their contentious canal project. It has been learned that their project will remain suspended until a consensus is reached in Pakistan's Council of Common Interests (CCI). Pakistan has also announced the suspension of the Shimla Agreement signed in 1972.

How long do we wait and watch — in the national interest?