Flood Basins yet to be notified in J&K UT; I&FC, Jal Shakti not submitting details

JKWRRA in process of fixing new water usage charges

*Service performance reports awaited from utilities

Mohinder Verma

JAMMU, Mar 21: Flood basins are yet to be notified in the Union Territory of Jammu and Kashmir as per the provisions of Water Resources (Regulation and Management) Act, 2010 mainly because required data and details are awaited from Irrigation and Flood Control and Jal Shakti Departments despite repeated reminders.
The Section 75 of the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 states that Water Resources Regulatory Authority may recommend to the Government for declaration of any area through which a water source flows and the area comprising of the bed, both sides and nearby low land susceptible to floods by inundation of such water source, as flood basin.
Similarly, Section 76 read: “For determination of the limits of a flood basin, the prescribed authority shall cause a survey to be made of a water source and for the said purpose proper charts and registers shall be prepared specifying all the boundaries and landmarks and any other necessary matter for the purposes of ascertaining such limits”.
“On the basis of such survey and investigation, the prescribed authority shall delineate the areas which are subject to flooding including classification of land and shall prepare charts and registers indicating the areas delineated”.
Likewise, Section 79 states: “After receipt of recommendations from the Authority, the Government shall, by notification, declare the specified area as flood basin and specify the prohibitions and restrictions on the use of land covered under such flood basin”.
In the Act, offences relating to flood basin and embankments have also been defined along with the punishment for interference in the notified flood basins.
However, till date flood basins have not been notified in the Union Territory of Jammu and Kashmir and due to this neither the explicit provisions of the legislation could be implemented nor intent behind the same achieved so far, official sources told EXCELSIOR.
Holding Irrigation and Flood Control and Jal Shakti Departments responsible for this, sources said that J&K Water Resources Regulatory Authority (JKWRRA) has sent repeated reminders to the Chief Engineers of these two departments but till date they have not provided necessary revenue details and other flood data, which otherwise are imperative to make the recommendation of notification of flood basins.
“Now, the Authority has decided to take up the matter at the highest level so that flood basins are notified for the first time in the Union Territory of Jammu and Kashmir”, sources said, adding after notification of flood basins the Authority will be in a position to take cognizance of offences like removal of bed material in or from any water source; constructions around any water source which will have the potential to change the behavior of the flow of water etc.
Meanwhile, J&K Water Resources Regulatory Authority has started an exercise to fix new water usage charges for different categories of consumers.
The Authority vide Order No.75/WRRA of 2021 dated August 23, 2021 had fixed the water usage charges for different categories of consumers for the year 2021-22 and Government vide Order No.E-211086-JSD-NGK-016/2/2022-NGJ dated February 22, 2023 continued the same tariff rates for the year 2022-23.
Now, the Authority has constituted a committee of engineers to examine all water tariff petitions particularly with regard to data accuracy for consistency and robustness before onward submission to the Chairperson and Members so as to initiate further proceeding for fixation of water usage charges. “The exercise with regard to the tariff determination is likely to be completed shortly”, sources said.
In accordance with the Section 10.3 & 10.4 of Water Resources Regulatory Authority (Service Performance Standards) Regulations, 2014, the performance reports are to be submitted to the Authority by each utility/ licensee on quarterly and annual basis. However, in spite of the repeated reminders the service performance standards are not being furnished to the Authority by the utilities.
Taking serious note of this, the Authority has decided to take up the matter at the highest level so that all the utilities start submitting the performance reports.