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5 - Canal Irrigation, Water User Associations and Law in India – Emerging Trends in Rights-Based Perspective

from II - Ongoing Irrigation and Ground Water Reforms in India

Published online by Cambridge University Press:  26 October 2011

Videh Upadhyay
Affiliation:
University of Cambridge
Philippe Cullet
Affiliation:
School of Oriental and African Studeis, University of London
Alix Gowlland-Gualtieri
Affiliation:
School of Oriental and African Studeis, University of London
Roopa Madhav
Affiliation:
School of Oriental and African Studeis, University of London
Usha Ramanathan
Affiliation:
School of Oriental and African Studeis, University of London
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Summary

The present chapter seeks to examine the state of the formal Water User Associations that has been created in India through a series of state legislations in recent years from an essentially rights-based perspective. Given the bias in the legal system that recognises statutory rights to the exclusion of almost any other form of rights, the passing of these laws presents an opportunity to these Associations to see what effective rights have come their way through these laws. This has provided the immediate provocation for this chapter. The discussion below is premised in a larger context where first some conceptual links between decentralised water governance and rights are explored in the Indian context. This is followed by a brief comment on how the rights are a function of law making and whether the water users and the farmer identifies and owns the rights created for them and vested in them. The chapter then proceeds to examine the formal rights available to the Water User Associations in different states today and more particularly in Andhra Pradesh and Chhatisgarh while focusing on both their ‘internal and external rights’. It also suggests whether and how far they are precipitating a ‘group rights regime’ while tracing its inevitable linkage to the critical question of water entitlements and the state of the irrigation systems.

Type
Chapter
Information
Water Governance in Motion
Towards Socially and Environmentally Sustainable Water Laws
, pp. 111 - 128
Publisher: Foundation Books
Print publication year: 2010

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