Sutlej Yamuna Link Canal (SYL) Canal Dispute

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The Haryana Assembly has passed a resolution seeking completion of the Sutlej Yamuna Link Canal (SYL) Canal, bringing back into focus the contentious issue of sharing of river waters between Haryana and Punjab.

About the Canal

History: In 1982, then Prime Minister Indira Gandhi launched the construction of the SYL Canal with a groundbreaking ceremony in Kapoori village in Patiala district.
- The issue dates back to 1966 at the time of reorganization of Punjab and formation of Haryana.
- Punjab was opposed to sharing the waters of the two rivers with Haryana, citing riparian principles.
A stretch of 214 km was to be constructed, out of which 122 km was to cross Punjab and 92 km in Haryana.
- But the Akalis launched an agitation in the form of Kapoori Morcha against the construction of the canal.
In July 1985, Prime Minister Rajiv Gandhi and then Akali Dal chief signed an accord agreeing for a new tribunal to assess the water.
Significance of the Canal: The canal once completed will enable sharing of the waters of the rivers Ravi and Beas between the two states.

History of Water Allocation

A decade before the formation of Haryana, the water flowing down Ravi and Beas was assessed at 15.85 million acre feet (MAF) per year.
The Union government had organized a meeting in 1955 between the three stake-holders Rajasthan, undivided Punjab and Jammu and Kashmir and allotted 8 MAF per year to Rajasthan, 7.20 MAF to undivided Punjab and 0.65 MAF to J&K.
A decade after reorganization, the Centre issued a notification allocating 3.5 MAF to Haryana out of the 7.2 MAF allotted to Punjab before reorganization.
In a reassessment in 1981, the water flowing down Beas and Ravi was estimated at 17.17 MAF, of which 4.22 MAF was allocated to Punjab, 3.5 MAF to Haryana, and 8.6 MAF to Rajasthan.

Tribunal’s decision

The Eradi Tribunal headed by the Supreme Court Judge was set up to reassess availability and sharing of water.
In 1987, the tribunal recommended an increase in the shares of Punjab and Haryana to 5 MAF and 3.83 MAF, respectively.

Punjab’s argument

Drying of the State: As per a state government study, many areas in Punjab may go dry after 2029.
The state has already over-exploited its groundwater for irrigation purposes as it fills granaries of the Centre by growing wheat and paddy.
As per reports, water in about 79% of the state’s area is over-exploited.
- Out of 138 blocks, 109 blocks are “over-exploited”, two blocks are “critical” , five blocks are “semi-critical” and only 22 blocks are in the “safe” category.

Haryana’s Argument

Water for irrigation: Haryana has been staking claim to the Ravi-Beas waters through the SYL Canal on the plea that providing water for irrigation was a tough task for the state.
In southern parts: where underground water had depleted up to 1700 feet, there was a problem of drinking water.
Haryana has been citing its contribution to the central food pool and arguing that it is being denied its rightful share in the water as assessed by a tribunal.

Supreme Court’s View point

The President sought the Supreme Court’s opinion on the 2004 Act under Article 143 (1) of the Constitution. The court junked the 2004 law, terming it “unconstitutional”.
The Supreme Court scrapped the Punjab Termination of Water Agreements Act, 2004 which unilaterally allowed Punjab to stop sharing Ravi, Beas waters with other States.
Ever Since SYL has been a bone of contention between Haryana and Punjab.

Constitution Provision for River Water Sharing In India

Water is a state subject as per entry 17 of State List with respect to water supplies, irrigation and canals, drainage and embankments, water storage and water power, subject to the provisions of Entry 56 of List 1.”
Entry 56 of Union List gives power to the Union Government for regulation and development of inter-State rivers and river valleys.
Article 262: Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, in any inter-State river or river valley.
Article 143(1): Power of President to consult Supreme Court (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.

Source: IE

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