SOAS Research Online

Abstract

Inter-sectoral allocation of water has become an increasingly important and contentious issue in India. Yet, the law and policy frameworks for allocation or re-allocation of water to different uses, or within a category of use, remain underdeveloped. This article provides the starting point for a conversation on the law and policy dimensions of inter-sectoral water allocation. It first provides a general introduction to inter-sectoral water allocation and inter-sectoral water conflicts in India and examines the contribution of statutes, policies and the judiciary towards resolving these complex issues. It then focuses on the state of Rajasthan and a specific inter-sectoral water allocation conflict in Rajsamand district to illustrate the gaps in the existing law and policy frameworks and to highlight the multiplicity of issues that need to be addressed. The last section argues that existing legal principles can provide the basis of a framework for inter-sectoral water allocation, the law must go beyond providing a simple prioritising of water uses and water allocation must be understood in a multi-scalar and comprehensive manner.