[Assam] Water Rights

Chan Mahanta cmahanta at charter.net
Tue Feb 3 13:28:47 PST 2009


O' Deka:



>  >DD:  So what do the downstream villagers do 
>when they are deprived of water, or rather what 
>have they been doing all these years? The 
>context is something like Kopili/ Mora Kopili, 
>in Assam.
>Do they all sit down in a local Naamghor or 
>clubhouse and sort it out? Or, does some govt. 
>official like an ACS officer come in and 
>mediate? 
>I am just wondering, no hidden agenda. Anyone in 
>the net is welcome to comment.




*** Ei xomporkot  mwr nijor obhigyota nai  ( I 
have no personal experience of this matter). 
From what I have noticed over the years , all 
from reading in the media, is that when such an 
undertaking is being
proposed, IF someone or a group of people are 
going to be adversely affected, then the 
individual or the group would react. If the 
reaction is strong enough the proposal would die. 
I heard of group clashes
too., just as you have. A very good example was Nandigram on Nano.

Incidentally, in Assam, downstream  dwellers 
being deprived of water is a very new phenomenon, 
arising from  hydroelectric dam projects 
undertaken by Dilli. In water scarce states like 
Gujarat, Tamilnadu, Karnataka etc., almost all 
rivers have been dammed and large populations 
have been deprived of their share.  Those 
conflicts continue to rage unabated with no 
resolution in sight. The Farakka barrage on the 
Ganga created a conflict between countries too.


>The context is something like Kopili/ Mora Kopili, in Assam.

*** Had there been a possibility of  any such 
shortchanging of downstream dwellers' share of 
water in this instance, we would not have  seen 
this undertaken. People just don't keel over and 
play dead if anybody was going to be adversely 
affected.

British common law, as in the USA too, prohibits 
anyone from arbitrarily blocking or diverting 
natural water flows and patterns, more so if it 
affects anyone adversely. In the USA, EPA has now 
set very strong regulations in place  and we have 
just come under it in MIssouri--about a year or 
so back. I suspect similar laws  are there in the 
Indian  books too. But you know, as well as we 
all know, how much such laws are heeded by 
anybody in India today. If these could be 
contested in courts  by ordinary people and 
adjudication had been available in a few years or 
so, you would not see Guwahati's drainage 
nightmare of today for example.







At 10:56 AM -0800 2/3/09, Dilip and Dil Deka wrote:
>O"Mahanta,
>Aaru olop kotha sobaboloi likhilw tolot.
>
>" >  MAYBE  A CIVIL Suit -- 20 Years to  get Verdict!
>*** If then!
>What our friends here do not appreciate is that 
>, just because grounds for a lawsuit might 
>exist, that the parties can take it to the 
>courts for a resolution, EVEN if that could  be 
>expected to be heard in a reasonable period of 
>time.
>There are huge costs involved in filing a 
>law-suit.  Lawyers' fees alone would kill such 
>an effort, never mind all the bribes that will 
>be required to get the required data to put 
>together a case."  ------
>
>DD:  So what do the downstream villagers do when 
>they are deprived of water, or rather what have 
>they been doing all these years? The context is 
>something like Kopili/ Mora Kopili, in Assam.
>Do they all sit down in a local Naamghor or 
>clubhouse and sort it out? Or, does some govt. 
>official like an ACS officer come in and 
>mediate? 
>I am just wondering, no hidden agenda. Anyone in 
>the net is welcome to comment.
>
>O'Deka
>
>
>
>
>
>
>________________________________
>From: Chan Mahanta <cmahanta at charter.net>
>To: A Mailing list for people interested in 
>Assam from around the world <assam at assamnet.org>
>Sent: Tuesday, February 3, 2009 10:54:51 AM
>Subject: Re: [Assam] Water Rights
>
>>   MAYBE  A CIVIL Suit -- 20 Years to  get Verdict!
>
>
>*** If then!
>
>
>What our friends here do not appreciate is that 
>, just because grounds for a lawsuit might 
>exist, that the parties can take it to the 
>courts for a resolution, EVEN if that could  be 
>expected to be heard in a reasonable period of 
>time.
>
>There are huge costs involved in filing a 
>law-suit.  Lawyers' fees alone would kill such 
>an effort, never mind all the bribes that will 
>be required to get the required data to put 
>together a case.
>
>
>>  Ranganadi Downstream is already Desertified. 
>>GOI wants HydroPower for DEVELOPMENT. Period!
>
>*** And that in spite of  mass protests and lawsuits, if I am not mistaken.
>
>
>
>
>
>
>
>At 9:30 PM +0530 2/3/09, mc mahant wrote:
>>  ,
>>  <If they do, will there be a lawsuit?>  MAYBE 
>>A CIVIL Suit -- 20 Years to  get Verdict!
>>
>>  <if the water rights of the villages 
>>downstream of the bund have been violated? > 
>>You must be Kidding.
>>
>>  Ranganadi Downstream is already Desertified. 
>>GOI wants HydroPower for DEVELOPMENT. Period!
>>
>>  And TIPAIMUKH dam will be built. Sylhet 
>>District will be desertified. Will India Care?
>>
>>
>>
>>
>>
>>
>>  mm-
>>
>> 
>>----------------------------------------------------------------> 
>>Date: Tue, 3 Feb 2009 06:13:07 -0800> From: 
>>dilipdeka at yahoo.com> To: assam at assamnet..org> 
>>Subject: [Assam] Water Rights> > As I read the 
>>report, I started thinking if the water rights 
>>of the villages downstream of the bund have 
>>been violated?> Aren't those villagers 
>>opposing? If they do, will there be a lawsuit?> 
>>Water rights at micro level now!  Any comment 
>>from anyone?> > >From the Assam Tribune:> > > > 
>>Farmers from 13 villages of Daboka area in 
>>Nagaon district constructing a bund on Nikhari 
>>river without any government help to divert the 
>>river water to Mara Kapili, Dibaru river and 
>>then to Dimaru river on Monday . - EP > « Prev 
>>Next » > 
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