BBMB row, repeal of Dam Safety Act: A hardening stance behind Punjab's firm resolution
When the Punjab government moved a resolution in the state assembly on Monday for the immediate repeal of the Dam Safety Act, 2021, the demand not only came more than three years after the legislation was enacted, but it also marked a shift in the state's position.
While several farmer unions in Punjab opposed the Act from the outset, arguing that it infringed upon the state's rights over water resources, the state government complied with and implemented the measures mandated by the legislation, despite having some reservations.
The state, however, has now hardened its stance to seek repeal of the Act after a row erupted with the Bhakra Beas Management Board (BBMB), which regulates water distribution from Bhakra, Nangal, Pong and Ranjit Sagar dams, over sharing of water from the Bhakra with Haryana, said people in the know of the matter.
The resolution, which said that the 2021 Act empowers the central government to directly control the rivers and dams of states and undermines the sovereign rights of states like Punjab over their water, was unanimously passed by all MLAs present in the state assembly, cutting across party lines.
Water resources minister Barinder Kumar Goyal said the state government was opposed to the Act from day one and kept conveying its concerns. 'The central government tried to take control of our dams. When the situation became unbearable due to the actions of BBMB, we had to do something and brought this resolution for repeal of this Act among other things,' he said.
State set up dam safety panels under DSA
The Dam Safety Act, which came into force on December 30, 2021, mandated that states set up a State Committee on Dam Safety (SCDS) and a State Dam Safety Organisation (SDSO) within 180 days.
The state's water resources department established SCDS on May 13, 2022, under Section 11 of the Act with chief engineer, SDSO, as chairperson and chief engineers, canal, ground water, dams and design hydel projects, as ex-officio members for monitoring and supervision of dam safety related activities, assessing probability of dam failure, supervising the functioning of SDSO, etc.
Chief conservator of soils; chief engineer, hydel projects of Punjab State Power Corporation Limited; chief engineer, project-cum-arbitration, HP Power Corporation Limited, and one director of Central Water Commission were among the members, according to a notification issued by principal secretary, water resources.
Another notification was issued on June 13, 2022, to constitute an eight-member State Dam Safety Organisation under an officer of the rank of chief engineer, designated as its technical head, for inspection of dams, safety review, risk assessment, emergency preparedness, enforcement of safety regulations.
One of the officers quoted above said the two panels were constituted in accordance with provisions of the legislation, and the officials were also attending meetings, workshops and following up on dam safety guidelines. 'However, there have been concerns. Water is a state subject as per Entry 17 of State List in the Seventh Schedule of the Constitution and dam safety has been traditionally managed by states. There is also Section 56, which allows the central government to unilaterally prescribe rules without mandatory with states,' said the official.
The Union Jal Shakti ministry is of view that the legislation has been enacted to ensure dam safety by providing an institutional mechanism for prevention and mitigation of dam failure disasters through proper surveillance, operation and maintenance. 'The central ministry has been saying that the Act does not encroach upon the power of states and adequate representation has been provided to state governments at all levels and there are Constitutional provisions which give Parliament the power to legislate on dam safety,' said another official.
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