presentation - tiss_v2

8/12/2019 Presentation - TISS_v2

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Evidence Based Advocacy: Campaign

Against Water Diversion in

Maharashtra


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Contents

Setting up the focus

Study and analysis

The campaign

Earlier stages of the campaign

Developments on government level to change the law

Campaign against ordinance

Reissuing the ordinance and the campaign

Ratification of the ordinance and post ratification

campaign Current status

Relevance of strategies

Evolving demands and positions


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Setting up the Focus and Undertakingthe Study


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Setting up the Focus

Context of CSO process initiated from regulatoryprocess

Various issues discussed among the CSOsWater

tariff, ground water bill, state water policy Issue of water diversion to industries and big

cities was discussed on different forums bydifferent people

Lack of concrete data to develop a case

Decision to take up the issue of water diversion


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The Study and Analysis

Case studies of 16 irrigation projects Scale and scope of water diversion in different

irrigation projects

Different mechanisms of water diversion

Stakeholder perspectives on diversion cases

Analysis of different policy instruments

Role of SWP in water diversion

Role of HPC in water diversion Study of HPC decisions

Scale and scope of water diversion by HPC

Nature of water allocation governance by HPC


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Important Findings of the Study

Important findings instrumental in devisingthe direction of the campaign

HPC diverted 1500 Mm3 of water depriving 3 Lakh

Ha of irrigation potential HPC worked without giving due cognizance to the

powers and functions of MWRRA

HPC functioned in undemocratic manner

Every decision making authority in waterallocation used water use priority in the statewater policy as a rationale for water diversion


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Early Stages of the Campaign and theGovernment Response


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Early Stages of the Campaign

Formal announcement of a coalition of grass rootorganizations

Decision to take legal route to reverse waterdiversion

Decision to take political route for achievingchange in water use priority

Regulatory petition against diversion of waterfrom Hetavane dam

Substantive assistance in case against diversionfrom Upper Wardha dam pleaded before theHigh Court


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Response from the Government

Promulgation of Maharashtra Water ResourcesRegulatory Authority (Amendment) Ordinance,2010 on 17thSeptember 2010

Legalization of water diverted with retrospectiveeffect

Curtailing the powers of MWRRA

Prohibition to legally challenge the waterdiversion

Entire authority of water allocation handed to theHPC


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Campaign Against the Ordinance


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Campaign Against Ordinance

Campaign against ordinance was announced

Awareness generation meetings with

volunteers of grass root organizations

Rallies of farmers for mobilization

Media campaign

A march of farmers under the banner of

coalition during winter session of state

legislative assembly, December 2010


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Campaign Against Ordinance (Cont)

Meeting with CM and Deputy CM

Material used for campaign: A detailed report

on water diversion by HPC, pamphlets on the

ordinance, press notes, alternate water use

priority document

Response from the Government: withdrawal

of expiring ordinance and reissuance of a new

one.


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Campaign Against New Ordinance

Media campaign

Appeal to MLAs to protest the ordinance

Discussions with peoples representatives on

key positionsAgriculture minister, leaders of

opposition parties, leaders of farmers

organizations

Substantive support to MLAs to devise theposition against the ordinance


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Campaign Against New Ordinance

(Cont)

Sit-ins at Azad maidan

Meeting of the delegation of coalition withMinister, WRD

Material used for campaign: A bookletexplaining the effects of ordinance, Shortpamphlet for wider dissemination, A

compilation of relevant documents, appealletters to MLAs, alternate water use prioritydocument, press notes


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Ratification of the Ordinance amongst

Protest

Governments move to introduce and pass the

bill in midnight when there is lowest presence

of MLAs Media campaign opened up by the coalition

Appeal to key influential people


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Ratification of the Ordinance amongst

Protest (Cont)

Differences of opinions amongst the two

ruling parties

Announcements by the CM

Change in water use priority

Powers of water allocation vested with the state

cabinet

With these amendments the bill was passed in

the state legislative assembly


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Post Ratification Campaign


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Necessity to Continue the Campaign

Serious issues persisted in the Amended Act inspite of the fact that water use priority waschanged

Water diverted was legalized with retrospective effect Prohibition to legally challenge the water diversion

decisions

Remobilization activities by the coalition: Pani

parishad of the farmers. A resolution withseveral demands was passed and sent to thegovernment


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Response of the Government

District wise protest marchesResulted in the

Government handing over the GR for change

in water use priority to the members of

coalition

This GR was responsible to check the

momentum of the campaign in spite of the

persisting issues


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Parallel developments

Hearings on Hetavane petition and the petition order bythe MWRRA Petition was dismissed taking into account the amendments in

the Act

Coalition was successful in restoring the water to agriculture by

using the fact that the industries for which the water wasdiverted, didnt make an attempt to use the water for threeyears

Water diversion by the state cabinetUselessness of thewater use priority

Attempts by the MWRRA to initiate trading of water useentitlements

These developments were responsible in regaining themomentum of the campaign


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Campaign for Wider Demands

Strong critique of water entitlement trading by thecoalition

Sit-ins at Azad Maidan to push forward various demands

Meeting with CMCoalition was told to come up with a

position paper. Promise to arrange the meetings withconcerned officials

Coalition came up with a detailed position paperfollowup with the government for the meetings

No response from the government in spite of the constant

follow up The coalition again organized for and held sit-ins recently at

Azad Maidan


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Current Status

The coalition is successful in achieving change in water usepriority although not exactly as per demand

Diverted water remains as diverted - exception - Hetavane

MWRRA amendment remains as it is

Powers of sectoral allocation are vested with the cabinet.However reports suggest that government is assessing thepossibility of reinstating HPC

Agriculture has higher priority on paper. However, waterdiversion by cabinet suggests that this priority is not

followed A committee has been constituted to give recommendation

to make MWRRA Act practicable.

Need to evolve new strategies to go ahead


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Evolving Strategies and Positions


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Strategies employed

Sound analysis based on concrete data

Choice between legal and political processes

Awareness generation amongst stakeholders

helped in mobilization

Media campaign was useful in taking the issueto the state level

Involvement of several key influential peoplewas instrumental in shaping the position ofthe government


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Strategies Employed (Cont)

Appeal to MLAs and assistance to them inpreparing the position helped in raising thevoice in the houses of legislative assembly in

right direction Parallel legal action was useful in actually

testing the legal amendments in practice

Preparation and dissemination of relevantmaterial time to time helped in conveying themessage in precise manner


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Evolving demands and positions

Started with legal action against diverted

water and legislative demands to bring in

changes in policy

Promulgation of ordinance made the coalition

to concentrate the efforts on building political

pressure

The demands concentrated around

withdrawal of ordinance


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Evolving Demands and Positions

(Cont)

Further as the ordinance was ratified and thewater use priority was changed, a furthercomprehensive set of demands was evolvedincluding demands on water use priority basedon principle of equity, major changes required inthe law, abolishment of entitlement trading,various demands related to tariff.

Currently position paper prepared by thecoalition lays down a detailed position anddemands in various matters


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Thank You!!!

presentation - tiss_v2

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