Dam Safety Bill

Despite the fact that water covers three quarters of our world, the amount of water resources available for consumption across the globe is less than “1% of these three quarters.” When this 1% is broken further into continents, countries, states, and cities, the amount of water resources available to meet even our most basic requirements and demands are diminishing by the hour, given the increasing population pressure and continual improvement in humanity’s living standards.

The extent or availability of water resources for any particular area or nation depends largely on the geographical or the natural factors like rainfall patterns.

In terms of rainfall patterns in India, the country is primarily tropical, with varied rainfall patterns throughout cities and states. Rajasthan and Gujarat have higher temperatures and sporadic rainfall patterns, whereas Kerala and Tamil Nadu, in India’s south, have humid climates and high precipitation rates.

With such a large population and a wide range of climate conditions, controlling and successfully gathering water resources should be a top priority for a country like India. Dams are one option for collecting and storing rainwater, and they play an important function in limiting the excessive flow of water as well as storing the desired amount of water that may be used for irrigational activities and electricity generation via the turbine process. Dams, to put it simply, are constructions that prevent or restrict the flow of water (surface water, underground water, etc). This inhibition helps in the formation of reservoirs that can help prevent disasters and natural calamities such as floods, heavy thunderstorms, etc as well as create channels for having water for human consumption, industrial activities, aquaculture, etc.

Given the paramount importance and utility of dams as well as the need to effectively utilise the available water resources at different parts in India, it was important to have certain legal sanctions and regulations around the usage or collection and storage of water in India. The Dam Safety Bill was a step in this direction.

Introduced on July 29, 2019, the bill was immediately passed in Lok Sabha on August 2, 2019. Rajya Sabha though didn’t approve the bill back in 2019 and it took more than 2 years for Rajya Sabha to finally pass the bill on December 2, 2021 amidst heavy resistance. One of the key points of the Rajya Sabha session was the state of Tamil Nadu objecting the proposed bill, which according to them was detrimental to the powers and the rights of the state governments (like in maintenance and operation of dams, retention of power in controlling dams and autonomy & ownership of assets by the state governments). However, as stated earlier, the bill was eventually approved.  But the key point to consider here is why a bill, which took almost 34 years to be initially drafted, was so important for India?

India is currently ranked third in the world, behind the United States and China, in terms of the number of big dams. Since the country’s independence in 1947, India, unlike the other two, has lacked dam safety laws or even basic standards addressing the use and safety of dams. According to data, India has around 5,745 dams, with about one-fifth of these dams being between 50 and 100 years old and nearly 300 dams being over 100 years old (Source: National Register of Large Dams). Dams require a significant degree of regulation and maintenance to function successfully, and because of this, various hazardous situations (such as unanticipated spillovers, flooding of lowlands, and so on) have occurred that may have been averted to some extent. In short, dam failure can increase the burden of public investment and fiscal deficits in the long run, negating the efforts of national water projects and government policies aimed at bolstering livelihood by providing more irrigation channels for farming and manufacturing, generating electricity in rural areas through the turbine process, creating water reserves for dry regions, and so on.

As a result, dam safety regulations were a major concern that had to be addressed. Returning to the dam safety bill, it tried to ensure that all dams in India were monitored, inspected, operated, and maintained. The importance of establishing a “National Committee on Dam Safety” to formulate policies and make recommendations on dam safety standards in India was emphasised in the Dam Safety Bill. Following that, a “National Dam Safety Authority” will carry out the National Committee’s policies and provide “State Dam Safety Organizations (SDSO)” with the necessary technical assistance. Disputes over the usage of Cauvery river water and dam development on different river banks have erupted in India’s southern states, particularly Karnataka and Tamil Nadu. To guarantee that such discrepancies are resolved easily, the National Dam Safety Authority has been tasked with resolving disputes between state SDSOs or between a state’s SDSO and the dam owner. According to the bill, a group called the “National Committee on Dam Safety” was formed with the goal of investigating and gathering data for proper review in order to analyse various aspects of dam design, building, repair, and enlargement for water collecting. The members involved in this committee will have a tenure of 3 years. The Chairman of the Central Water Commission and 10 representatives of the Central Government (in ranks of joint secretary) will also be a part of this committee. The committee will also have representation of state government officials (maximum 7) and 3 experts of this field as well. Similarly, teams will be formed at the state level as well. The headquarters of the so formed National Dam Safety Authority will be in Delhi.

The Dam Safety Bill was largely applicable for ‘large dams’, i.e., dams having a height greater than 15 metres or a height between 10 to 15 metres with a certain design and structure. Most of the large dams in India are located in Maharashtra, Madhya Pradesh and Gujarat. Given the vast demographic trends in these states like population pressure (Maharashtra), hot and dry climate (Gujarat),  etc,  failure of reservoirs or dams in such regions can have drastic impacts on life and livelihood of people. Therefore, another authority namely Central Dam Safety Organisations has been formed to monitor the same and provide technical assistance to dam owners. Further duties of these authorities also include annual pre and post monsoon inspections as well as ensuring that the dam owners ensure safe construction, operation, maintenance and supervision of their respective dams along with employing a dam safety unit in each of their dams. Similarly, dam owners are expected to comply with some more obligations under the bill as follows:

1. After an instance of any natural calamity such as a flood, earthquake or any distress sign as such, the dam owner shall re inspect his/her dam after every such calamity.
2. An emergency action plan for any hazard/calamity should be placed in advance.
3. Risk assessment study of dams must be conducted at regular intervals.

To summarize, the dam safety bill, which was finally passed in 2021, was not a major accomplishment or a watershed moment, but rather a long-overdue necessity. The cultural diversity, diverse demographics, and political features of India most likely slowed the implementation of these laws, which should have been in place far sooner to prevent natural disasters and loss of life and property. The passage of the bill, on the other hand, promises a highly branched and efficient system that is anticipated to protect not only people’s safety, but also the best possible use of water resources through dams and reservoirs, which were previously wasted or lost. Now is the time for effective implementation and execution.

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