Dealing with dam failures

A Central law may be better for all

The Central government’s proposal to bring a Bill to Parliament in the ongoing Budget session to enact a dam safety Act seems to be a positive initiative, even though water is a state subject and so the effectiveness of this statue will depend on how well the states implement it. The Bill seeks to establish an institutional system for regular monitoring of the safety of large dams. The states will, of course, have to set up their own systems to carry out repairs and maintenance of large dams and ensure their safe, sound and risk-free operation. A national law may have been found necessary given that only a few states like Kerala and Bihar have their own dam safety statutes. According to the National Register of Large Dams (2009), there are 4,710 dams in service and another 390 are under construction. India has the potential to build more dams, given the vast untapped hydro-power and irrigation potential. It is important to note that a majority of existing dams are more than half-a-century old and have, thus, outlived their design life of 50 to 60 years. The project authorities responsible for their upkeep are usually unable to do so effectively for want of financial and other resources. Sporadic dam failures and other accidents, involving loss of life and property, draw attention to the need for better maintenance of dams and related environs. Some major dam failures, as these are called, include the collapse of Machhu-II dam in 1979, Nanak Sagar in 1967, Tigra in 1970 and Chikkahole in 1972. A recent disaster was the breach of Kosi embankment near the Indo-Nepal border in August 2008.

 

While irrigation dams are a state subject and the Centre should resist the temptation to get into areas where states must deliver better, dam protection should not be neglected for want of resources at the state level or due to inter-state or Centre-state issues. At least two states, West Bengal and Andhra Pradesh, have formally authorised Parliament to pass a law in this regard. If the Centre comes forward with a law, other states may pass resolutions to adopt the Central law. In fact, since most large dams are built and owned jointly by more than one riparian state, a single state law would be restrictive in scope. The current logjam between Kerala and Tamil Nadu over the retiring of the Mullaperiyar dam (one of the world’s oldest dams, aged over 110 years) and building another one to replace it is a typical case in point. The Supreme Court has now stepped in and set up a committee to examine the dam safety issue. Since the safety of millions of people is at stake, a strong Central law with provisions for mandatory enforcement by the states would make sense.