Our Rivers Our Rights!

There was much angst among the people of Goa when they were suddenly informed that six rivers (Chapora, Cumbarjua, Mandovi, Mapusa/ Moira, Sal and Zuari) in Goa were declared as National waterways when the National Waterways Act (NWA) received the assent of the President on March 25, 2015. The objective as stated therein is clear i.e. to provide for the regulation and development of these rivers for shipping and navigation, as the Govt felt that it was “expedient in public interest that the Union should take control of the waterways.”
Earlier just 5 rivers in the country were declared as National waterways. In one stroke, a total of 106 waterways in 24 States in the Country were declared as National waterways. Written views from these States were sought by the Parliamentary standing Committee headed by chairman Dr Kanwar Deep Singh when the Bill was placed before it. Other stakeholders like Inland waterways Authority of India (IWAI), Ministry of Shipping, MEF ad climate change, Ministry of Water Resources, Indian Chamber of Commerce, Ports Authority of India and National Thermal Power Corporation of India (NTPC), among others, were all invited for their views. While some States supported the Bill, many queries and notes of caution were put forth. The Indian Chamber of Commerce, while pointing out weakness of the Bill, pointedly stated that it was a far-fetched idea to plan developing 106 more rivers when it would be better to work on the existing 5 national waterways and then replicate the successful model. The MEF and Climate Change made a note that the construction of ports and harbours, capital dredging and other infrastructure would attract Economic Impact Assessment and CRZ permissions. The Ministry of Water Resources cautioned that there was a need to estimate the quantum of water required on a week/ 10 day basis throughout the year to maintain the minimum depth of water throughout the year in the proposed river stretch for navigability in order to ensure that drinking and irrigation and other demands of water do not get impaired. The Thermal Power Corp Ltd was specifically asked by the Chairman to share their experience and opinion on cargo transport through waterway and they willingly shared their “success story” of the Farakka Super Thermal Plant of having a target of 3 million metric tonnes of coal per annum in seven year period.
With regard to the comments by the States to the Bill, Goa was silent. The strongest salvo was fired from Kerala. Kerala said that the “statement of the objects and reasons of Bill stated that the extent of development, prioritisation and related matters shall be finalised after carrying out techno-economic feasibility studies through IWAI, consequent to the enactment of the Bill. Thus they suggested that “only those stretches of waterways where necessary techno feasibility studies have been conducted and found feasible needed be declared as National waterways. They minced no words in rejecting the inclusion of their rivers.
Further Kerala noted that “unlike the rivers of North India that are snow fed, Kerala rivers are entirely dependent on monsoon. Isn’t this the same for Goa whose rivers are also rain fed? Was any study done by our Government on gradient as cautioned by Kerala Govt? We need answers on why the Govt of Goa did not raise any queries or cautions on the impact of nationalisation. Didn’t they need to place on record that we have khazan lands, which are unique reclaimed lands a marvel of engineering by local communities with its sluice gates, bunds and ‘poim’ providing rice, horticulture, salt, pisciculture, etc, in a sustainable way? 
What about the impact on the humpback dolphins inhabiting the coastal waters of Goa? The International Union for the conservation of Nature (IUCN) classifies the humpback dolphin as “near threatened” and in India, this species fall under the Schedule I of the Wildlife Protection Act, 1972 and thus should receive the highest degree of legal protection. Does our Government even know of their existence? What about the beautiful river Otters who have just made a re-appearance after the mining ban?
The committee notes that: “The Govt of Goa informed that they have examined the Bill and agreed upon” That’s it??
After Green Groups like Goa against Coal, Our Rivers our Rights and Goa Green Brigade raised the issue, the Govt is now making an attempt to assuage the fears. It is well known that the Mormugao Port Trust (MPT) has stated that it will increase the handling of coal from the present 12 million tonnes to 51 million tonnes in the year 2025. All this coal cannot be transported quickly only by trucks it needs to increase the transportation by rail and river routes. Thus sudden double tracking of the railway lines, 6-laning the national highway and nationalisation of rivers for shipping and navigation.
The Govt now says it will not allow more coal transport via Goa rivers and that no PPP projects for dredging and Navigation. Why wasn’t all this stated when the Bill was being drafted? The MoU being signed by the Govt with MPT & IWAI (Inland waterways Authority of India) should put these concerns in black and white? An agreement is binding and what counts is what is agreed in writing.
The pollution in Vasco has reached dangerous proportions and only after the agitation that the Goa Pollution Control Board has stepped in.
Meanwhile, the less said about the Opposition members the better. For example, I quote verbatim from the Note of dissent by Ravi S Naik MLA and former Chief Minister of Goa: “Nationalisation will destroy marine ecology, fisheries, and reverie our routines habitat western Ghat habitate, water flow it can climate change it impact our society”. This is the best dissent you have to offer?
All the people want is to save this beautiful land – Goa is placed at no 10 in the world bio diversity hotspot list. The concern and angst is simply because, as Justice GS Patel said in his recent judgment. “For this is something none can deny: This is a land truly worth fighting for”.
(The author is an Advocate, member of Goa Green Brigade and co-ordinator of the Human Rights Law Network, Goa)

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