Challenges for the new NDA government in India

May 23, 2014May 24, 2014 SANDRP3 Comments

National Democratic Alliance (NDA) led by BJP’s Mr. Narendra Modi has been given a mandate to govern India for the next five years. Without going into the political and social facets related to this issue, there are a number of justifiable concerns about this government’s stand on critical issues of water and environment.

While the importance of water and environment sectors for the people, their livelihoods, society and economy is acknowledged, how crucial these sectors are for them is not easily appreciated. For example, environment is important not only for tigers and trees, but also for livelihoods of hundreds of millions of Indians who depend on natural resources. More than 60-65% Indians continue to depend on agriculture and every farm can benefit from better water resource management.

Some of the major challenges plaguing the water and environment sectors in India include: urgent need for an inclusive, democratic and accountable governance, holistic assessment of impacts the very many interventions in the Himalayas (lessons from Uttarakhand flood disaster of June 2013[1]), ecological restoration of Ganga and other rivers, dealing with climate change in a way that protects lives and livelihoods of the vulnerable sections, etc., to name a few.

The leaders of the party forming the new government have already declared their agenda in terms of completion of Sardar Sarovar Project (SSP) on Narmada, pushing interlinking of rivers (ILR), pushing for more dams in the name of irrigation, pushing big hydropower projects in North East India (Mr Modi had said in his campaign that NE is heaven for hydropower projects) and mega industrial initiatives like the Delhi Mumbai Investment Corridor.

This agenda indicates that the importance of water and environment to the vast millions is not understood. Nor is the significance of the challenges to this sector appreciated. Pushing the above agenda is not only fraught with serious risks in terms of social, environmental, economic and interstate issues, but these projects are not likely to deliver the promise of this party at the elections: Better life, more jobs, more development, fulfillment of basic needs of the people who do not have access to these at the moment. Pushing this agenda is not likely to deliver stated promises, however blind push for more and bigger projects will compound strife and conflicts.

Let us look at the issues related to the NDA Agenda. These are not incidental issues, but issues inherent to the nature of these centralized, mega projects themselves.

Does ILR have scientific basis? The basic premise of ILR is that certain basins are water surplus and others are water deficit. It is assumed that occurrence of floods in a basin means there is surplus water in the basin and occurrence of drought or water scarcity in other basin means it is water deficit. This premise itself is not scientifically, ecologically and socially robust.

While this is said, there is no attempt at assessing and exhausting the available water options in any basin in India. Twithout this exercise, there can be no scientific basis for declaring a basin surplus or deficit. The ILR advocates seem to ignore the reality that India’s water lifeline is groundwater and the best way to sustain groundwater is through local water systems and recharge. They also seem to ignore the massive social, environmental impacts and constitutional issues. ILR is basically a collection of large number of major irrigation projects (over 84), but proponents of ILR do not seem to realize that in last two decades, there has been no addition to net irrigated area by these projects, in spite of addition of thousands of new projects.[2]

“Sabarmati Model” holds no water for Ganga or other rivers During the elections in Varanasi constituency that elected Mr Modi, the issue of cleaning of Ganga remained prominent. BJP claimed that they will clean up Ganga at Varanasi the way they cleaned up Sabarmati River that flows through Ahmedabad in Gujarat. The trouble with this claim is that Sabarmati has not been cleaned up at all. The water flowing through Sabarmati as it flows through the city of Ahmedabad is actually the water of Narmada River, diverted into Sabarmati. Ahmedabad has no right over this water which was supposed to be meant for Kutch, Saurashtra and North Gujarat. If you go upstream along Sabarmati River from the point where Narmada Main Canal releases water in Sabarmati, you will see the reality of dry Sabarmati River. And if you go down to the Vasna barrage, downstream of Ahmedabad along the Sabarmati, you will see the state of polluted Sabarmati River. This model clearly holds no water either for Ganga or any other river.

River Ministry? There is speculation in media[3] that the new NDA government is going to create a new River Ministry at the centre. The same media report also stated that this ministry will push Inter Linking of Rivers (ILR)! This seems like a proposal for Ministry of River Destruction, since ILR is a recipe for destruction of rivers. If at all the new government is interested in an act of goodwill towards rivers, it needs to start with understanding what is a river and what are its various functions along the various stretches during various periods, including the social, ecological, economic, hydrological, geo morphological, biodiversity related, groundwater related and most importantly, livelihoods related functions. This exercise will mean understanding the roles of various arms of the government which affect the river. Some key ministries which affect river profoundly include: Ministry of Water Resources, Ministry of Environment and Forests, Ministry of Power, Ministry of Urban Affairs, Ministry of Rural Development, Ministry of Home Affairs (Disaster Management), Ministry of Agriculture, Department of North East Region, Ministry of Non Conventional Sources of Energy, to name only a few. How is this new proposed Ministry of River Going to coordinate with these ministries? Moreover, according to India’s constitution, Rivers are essentially state subjects and no state is likely to welcome such infringement of centre into what the states see as their domain of responsibility.

Ganga a National Project? There are statements from Mr Amit Shah[4], that the new government will give National status to the Ganga Project. It is not clear what is meant by this. Ganga is already under the Prime-Minister headed National Ganga River Basin Authority, but the Authority, five years after its constitution, has failed to change a single attribute affecting the Ganga. Similarly, Ganga River Basin Management Plan that IIT consortium is working on is already known to be pathetic in its understanding of the river, while pushing for privatization. We do not need another project in the name of Ganga, national or local. If the aim of declaring Ganga as a National Project is to wrest its control from the state, as the media suggests, then it is going to raise a lot of hackles.

What we need is a new approach to river governance, which is based on ecological, and not engineering principles, which is participatory, and not exclusive and which is democratic and not autocratic.

Himalayas & Hydro-onslaught Irrefutable evidence shows that building large number of major hydropower projects in Himalayas is having unprecedented impacts, some are known, many are unknown. The flawed environmental governance around these projects is well known in terms of dishonest EIAs, flawed and compromised appraisals, ineffective (these are consultations just in the namesake, in reality there is no basis for informed participation) public hearing and non-existent compliance, both at project and cumulative level. One implication of this was felt in terms of the role of such projects in the Uttarakhand flood disaster of June 2013, after which, no political leader from any party spoke about this. It was left to the Supreme Court to order and enquiry into this. The report of this investigation clearly indicates the role of hydropower projects in increasing the proportions of the disaster, and more work on this issue remains to be done. In North East itself, India’s biggest mass based public agitation against dams & hydropower projects has been going on. The anger of people has led to stoppage of the work on 2000 MW Lower Subansiri Hydropower project (largest capacity hydropower project under implementation in India) for 30 months now, after over Rs 5000 crores were irresponsibly spent by NHPC without completing even basic studies. Mindless pushing of more such projects in the region is clearly not a prudent move.

BJP manifesto’s promise of expeditious and single window environment clearances is clearly dangerous in this context. What India needs is stronger and not weaker environmental governance. The advocacy[5] to “reduce time and transaction costs for the industry” under the circumstances seems inappropriate particularly from an organisation which was possibly the only environmental organisation represented on the completely flawed EIA registration process at Quality Council of India. The QCI process failed to achieve any improvement in the quality of EIA in almost 4 years of its existence

Sardar Sarovar Dam The new government wants to take the SSP Dam from its current height of 121.92 m to its final design height of 138.68 m. Firstly, there are serious doubts if this height increase is required since it can be shown that Gujarat and Rajasthan can get their share of water from Narmada without this increase in height. Secondly, Gujarat is not even in a position to use more than 20% of the water it already gets from the river at current height of the dam for the purposes for which the project was designed: providing water for the drought affected regions in Kutch, Saurashtra & North Gujarat. On the other hand, urban centres, industrials areas, SEZs, cosmetic river beautification schemes have appropriated a large chunk of SSP waters without legal, democratic sanction or justification. Gujarat really does not have a case for increasing the height of SSP Dam.

Moreover, this will also entail such massive additional submergence, displacement and disruption of lives of tribals and farmers that it is sure to create huge opposition. The just rehabilitation of already affected people is far from complete, in fact, most of the affected population has not been given minimum 2 ha of land required under the Narmada Tribunal award and subsequent accepted policies.

Mr Modi during his tenure of 13 years as Chief Minister of Gujarat failed to complete the canal network of SSP in the drought prone areas in whose name the project has always been justified. It needs to be noted that the agitation against SSP did not stop Gujarat government from going ahead with construction of canal network. It was not for lack of finances that SSP could not complete the canal network. SSP has been getting largest quantum of money from the Government of India’s Accelerated Irrigation Benefits Programme ever since the AIBP scheme started in 1996. This support to SSP from AIBP was clearly wrong since SSP was never the last mile project for which AIBP was meant, but the big dam lobby in Union Water Resources ministry and Gujarat government were hand in glove in this misallocation of AIBP money for SSP. In fact, Mr Modi arm-twisted the Planning Commission in 2011-12 to sanction the escalated costs for SSP even when the issues raised by Planning Commission officers remained unanswered.

Unused Narmada Canal waters flow into Salt pans, not only at a hige cost, but also affecting lievlihoods of salt pan workers and the ecology Photo: Counterview — Unused Narmada Canal waters flow into Salt pans, not only at a huge cost, but also affecting livelihoods of salt pan workers and the ecology Photo: Counterview

It is the ineptitude of Gujarat Government under Mr Modi that is on show in why it could not complete the canal network on drought prone areas in Gujarat. Mr Modi would do well to remember the reasons for that failure before he considers the mega projects agenda as Prime Minister.

Moreover, on SSP, the issues of completing repairs of the damages the Sardar Sarovar dam structure suffered four years ago & related issue of safety of the dam are yet to be resolved[6] and Gujarat has embarked on building another Garudeshwar Dam in immediate downstream without any impact assessments, participatory democratic process or required sanctions[7]. The legality of the Garudeshwar Dam work stands challenged in the National Green Tribunal by the affected tribals.

MAJOR RISKS FOR NEW GOVERNMENT Some major risks for the new government include: the track record of Gujarat government that Mr Modi headed for the last 13 years; no checks from coalition of parties; poor image, strength, morale and track record of Congress as the chief opposition party; large sections of almost completely subservient media[8] and BJP’s problematic manifesto[9].

Why UPA faced people’s anger The new government also needs to remember why the outgoing ruling coalition of UPA (United Progressive Alliance) lost so badly in spite of some unprecedentedly remarkable, and pro people steps taken by it. Absence of accountable and participatory governance (which also manifested in terms numerous scams) was one of the major reasons as to why there was huge anger in people’s mind about the UPA regime. Another aspect of corruption and high-handedness was apparent in the scandalous way UPA dealt with governance of environmental issues: blatantly changing its environment ministers from bad to worse.

Even if we leave aside the Rajas and Balus of UPA I, the UPA II began on a positive note with appointment of Mr Jairam Ramesh as environment minister. While we had our share of criticism of functioning of Mr Ramesh as environment minister[10], he was possibly the best environment minister India have had.

But under pressure from misguided and misinformed corporate vested interests, Mr Ramesh was removed (kicked upstairs) and Mrs Jayanthi Natarajan was brought in. She did not really help the cause of environment as is apparent, for example, from her answers to the two debates on Ganga river in Parliament (these debates were unprecedented in their own right) as also sanctioning projects rejected by statutory bodies like Forest Advisory Committee.

Strangely, she too was removed to bring in disastrously, Mr Veerappa Moily[11], who also held the Oil and Petroleum ministry. Mr Moily then went about the designated task of green lighting everything, not bothering about governance issues, people’s concerns or environmental consequences. This led to massive anger anger against Moily as well as UPA.[12]

Such arrogant handling of governance of environmental issues that affect the lives and livelihoods of millions of most vulnerable sections of people was bound to be punished[13]. This is clearly another reason behind the anger of people that UPA government faced in the elections.

Playing favorites UPA is also guilty of playing favorites when it came to appointing non governmental persons in environmental decision making. In almost every committee on environmental decision making, including Prime Ministers’ Council on Climate Change, National Tiger Task Force, Coastal Zone Management Committee, National Ganga Authority, Inter Ministerial Group on Ganga, Western Ghats Task Force, QCI process on registration of EIA consultants, 12^th Plan working Groups to name only a few, everywhere one could find representatives of only particular organisation. Leaving aside the issue of effectiveness of the role played by representatives from this organisation, such tendencies of playing favorites is bound to raise serious questions. While many people at grassroots may not be aware of this inappropriate action by UPA government, the resultant outcomes of these committee invited various reactions ranging from disbelief, anger and even an uproar, as it happened in case of Kasturirangan Committee on Western Ghats.

While the result of anger of the voters could be seen in decimation of the UPA in the elections, the new NDA government will also do well to remember that even the Vajpayee government was voted out in 2004 for similar reasons. The mindless pursuit of agenda of inter linking of rivers and 50000 MW Hydropower initiatives, disregarding all the concerns and protests of the people across the country, along with the rejection of India Shining campaign were some of the causes for the voting out of the previous NDA regime in 2004.

SOME SPECIFIC TASKS In what follows we have given several examples of specific tasks before the new government. This is not an exhaustive, but only an indicative list.

Ganga Action Plan, Rivers Action Plans, NGBRA, CPCB, SPCBs Mr Modi has said that he would like to give priority to cleaning of Ganga River. Any such effort has any chance of success only if there is an attempt at understanding why our efforts at river pollution for the last 40 years have shown no impact:

Þ Water Pollution Control Act, 1974 The Water Pollution Control Act led to setting up a huge and powerful bureaucracy including Central and state pollution control boards. 40 years after setting up of this whole institutional and legal infrastructure, we do not have a single that this establishment can claim to have cleaned up.

Þ Ganga Action Plan, 1986 This plan was launched with much fanfare by the then Prime Minister Rajiv Gandhi, but without trying to understand why the water pollution bureaucracy failed.

Þ National River Conservation Authority 1994 This authority, the only institution in the name or river conservation in India, had Prime Minister of India, no less, its chairman. In ten years of UPA, the Prime Minister of India did not get time for a single meeting of this authority.

Þ GAP II 2000 The second phase of GAP was launched, again without making any honest attempt at understanding the failure of GAP I.

Þ NGBRA 2009 In Feb 2009, just before the last parliamentary elections, National Ganga River Basin Authority, again under Prime Minister. As noted earlier, this too has failed to make any impact on the state of Ganga.

What all this shows is that we have tried many things, including legal, institutional, financial, and authoritative, with Prime Minister at the helm, but have achieved no success. This is also true of the previous NDA regime during 1998-2006. If we do not make an honest attempt at understanding the reasons for these failures, there is little hope for success in future. The efforts at river cleaning has not suffered due to lack of money (over Rs 20 000 crores have been spent on Ganga alone, as per one estimate), for lack of institutions, for lack of political attention, for lack of media attention, for lack of judicial attention, for lack of infrastructure [where infrastructure exists (e.g. Delhi with the highest Sewage Treatment Capacity], there too there is no change in state of river), or technology. One major reason for the failure was the complete disconnect between the people whose lives depend on the river and those who took the decisions or managed the system. In other words, unless you make the river governance more democratic, there is no hope for Ganga or other rivers.

Some basic steps to make governance of rivers democratic could include: Setting up of management committee (with 50% independent members from outside the government) for management of each Sewage Treatment Plant, each freshwater treatment plant, each tributary, each 10 km stretch of river, each water utility, each city (& sub city level where cities have population above 1 lakh). These committees should be legally empowered and the officials should be made responsible to these committees.

Jayanthi Tax In this regard, it would be useful to remember that during the election campaign, Mr Modi had accused Mrs Jayanthi Natarajan for collecting Jayanthi Tax as environment Minister, allegedly for collecting bribes for environment clearances. This was a very serious charge Mr Modi had leveled. Now that he heads the new government at centre, he must institute a credible enquiry into this charge to prove that he was not making just frivolous statements.

Maharashtra Irrigation Scam One state that has given NDA the highest number of seats after Uttar Pradesh is Maharashtra, the NDA coalition got 42 of 48 seats in this state. One of the major reasons for this debacle of UPA was that the UPA here got a very corrupt image, in spite of its Chief Minister having a relatively clean image. This was largely due to the massive Rs 70 000 crores irrigation scam in that state. The NDA partners in Maharashtra also played a role in exposing this corruption, although the top brass of NDA was also allegedly involved in the scandal. To this corrupt image was added the arrogance shown, for example, by deputy Chief Minister (who resigned on charges of corruption, but came back even without any investigation into the charges) when he first asked how are people expecting him to give water from dams – by urinating in the dams? During elections he actually threatened a village that water will be cut off if they do not vote for his party! This combination of corruption and arrogance was sufficient to enrage the voters.

Here again one expects the NDA government at centre to take decisive credible action in exposing the guilty in Maharashtra irrigation scam and brining to book those who are responsible both among the politicians and bureaucrats-engineers. Here, as BJP spokespersons in Maharashtra have been saying, the Madhav Chitale committee has basically done white washing role[14] and hence we need an independent investigation. We hope NDA government at centre will take this up urgently.

Andhra Pradesh Irrigation Scam Similar action is also required in Andhra Pradesh Irrigation scam exposed by the CAG report[15].

AIBP As noted above, the Accelerated Irrigation Benefits Program has majorly failed in achieving any additional net irrigation area by major projects at national level. The CAG has noted in more than one report the failure of AIBP and so has the Planning Commission. The new NDA government could start with instituting a credible independent enquiry into the reasons for failure of this scheme.

Uttarakhand Disaster and role of hydropower projects[16] Following the worst ever disaster faced by the state of Uttarakhand in June 2013, the role played by indiscriminate construction of hydropower projects and other infrastructure needed to be investigated since prime facie they had played significant role in increasing the proportions of disaster. The UPA government did nothing, and it was left to the Supreme Court to ask MoEF to set up an Expert Body for this. In the meantime, SC ordered stay on any more projects. The MoEF along with Central Water Commission and Central Electricity Authority and the Congress’s Uttarakhand state government, have been trying to push more projects in stead of honoring the Apex Court orders. In April 2014, the report of Expert Body lead by Dr Ravi Chopra has been submitted. The new Union government, it is hoped, will take credible steps to implement the recommendations of the Expert Body at the earliest date.

Independent National Environment Monitor It is well known that MoEF as an independent environmental regulator is seriously compromised with shoddy EIAs, flawed appraisal and non existent compliance. This situation has remained unchanged for the last decade and more. The Supreme Court of India, seeing this, had in 2011 ordered that an Independent Environment Regulator needs to be set up at National and state level. The outgoing central government had shown reluctance to do anything in this regard, in spite of repeated Supreme Court orders. The new government has a historical opportunity to indeed set up a truly independent & accountable environment regulator, at the same time increasing the transparency and participation of people in the environmental governance through fresh round of democratic reforms.

Cabinet Committee on Investment One of the flawed legacy of the previous UPA government is the Cabinet Committee on Investment, which has been created to bypass the statutory work of the MoEF. The new Union government would do well to disband this extra legal committee.

Polavaram Project Authority Even as elections were underway, in a most inappropriate decision, the outgoing government set up a Polvaram Project Authority, without even consulting affected states of Orissa and Chhattisgarh. In both these states there is either BJP government or BJP led government. There are also cases going on against this project, including civil suits filed by the governments of Chhattisgarh and Orissa. In the interest of these states and affected tribals, the new Union Government should scrap the Polavaram Project Authority.

Tribals protesting against Polavaram Project Photo:http://www.frontpageindia.com/andra-pradesh/unique-protest-by-tribals-against-polavaram-project/41401

Mullaperiyar The 119 year old Mullaperiyar dam has already suffered damages in the past and there is no doubt that it has limited life. To overcome the inflexible attitude of Tamil Nadu and respecting the constitutional duty of Kerala government to protect the life and property of people of Kerala, it become the duty of the Union government to initiate process for new a arrangement (e.g. lower the intake level to 50 ft from current 106 ft, as seen promising both by the Empowered Body and Supreme Court in May 2014) and decommissioning of the dam in a time bound manner. The previous Union government completely failed in this and the new government has an opportunity to correct this.

Central Water Commission Central Water Commission is India’s premier technical body on water resources. Water resources development and management has always remained crucial to any country’s water, food, livelihood and environment security. However, for this we need a really independent and credible technical body at the top, on the lines of United States Geological Survey (USGS). USGS, is known to be source of very reliable water resources data world over. However, USGS’s main task is to gather data and put it in public domain. Use of that data for development tasks and such other functions are not the mandate of USGS, there are other bodies for that. Unfortunately in India, CWC tasked with data gathering, sanctioning projects, monitoring and so many other contradictory functions. Moreover, CWC is working more like a big dam lobby, and even the assessment of hydrological data, flood forecasting functioning, water use data and projections, climate change implications, dam safety issues, etc are all getting colored by the lobbying tendency of those who head CWC. This is having a very deleterious effect on the water resources development and management in India.

It is high time that there are reforms in CWC to separate its various contradictory functions and make its functioning transparent, accountable and participatory. The new Union government has a chance to initiate such reforms in CWC and Ministry of Water Resources.

Technical Advisory Committee of CWC The TAC of CWC is a very little known, but powerful body. It sanctions projects worth thousands of crores every year, but its functioning is completely non transparent, unaccountable and it has no independent members. Since the new government has been raising the issue of corruption by UPA during the election campaign, it is hoped that the new government will work to fight corruption and one of the key steps it can do is to make the functioning of TAC transparent, accountable and ensure that at least 50% members of the TAC are non governmental, independent people with track record of having shown independent mind.

Urban Water Sector The social, environmental, economic and carbon footprint of this sector increasing at huge pace, without any success story in sight. The big cities are find it easy to promote construction of big dams rather than go for rain water harvesting, sewage water treatment & recycle, demand side measurement, groundwater recharge, reduction in losses and such other measures. SANDRP report on unjustified dams being pushed in Mumbai highlights this issue. The 12th Plan Working Group report on Urban water issues have several useful recommendations that has remained unimplemented. These need to be urgently implemented.

Climate Change Climate change in the biggest threat that vulnerable sections of Indian people face, as do the vulnerable sections of the rest of the world. This is not only relevant for water and environment sectors that we are discussing here, but for all sectors. As Environmental Groups in Gujarat have noted[17], people of Gujarat do not have good experience of the Modi regime in the state. The record of the 10 year long UPA government is very poor on this issue. We hope the new Union government will do better and begin with identification of the sections of the people who are vulnerable and start working on action plan to address the concerns of such sections, while also reducing the carbon footprint of India through reduction in consumption patterns of richer sections.

Suggestions for positive actions As analysed by Dr. Ashok Gulati (former chairman of Commission for Agricultural Costs and Prices) and Dr. Tushar Shah (International Water Management Institute) separately, the relatively high agricultural growth in Gujarat in first decade of current millennium was largely due to local water harvesting work that happened in Gujarat through check dams, groundwater recharge etc, largely in non governmental sector. The new government at centre can bring about changes in policies and programs to learn lessons from such success stories to achieve such results all over India.

Similarly on the issue or river rejuvenation, management and conservation front as also environmental management front, a decentralized bottom up community driven approach can be taken up.
It can encourage people led, scientific and ecological river restoration work.
Promote System of Rice Intensification in a major way, it can not only reduce water use, fertiliser use, use of other chemicals, reduce seed requirement, increase farmers’ income, reduce agriculture sector’s carbon footprint and thus help mitigate and also adaptation to changing climate. This is possible in other crops too, as has been demonstrated at farmer level.
Encourage measures that can help increase carbon content of the soil, this will also have multiple benefits to farmers, economy and environment.
It can strengthen implementation of Forest Rights Act which UPA, despite introducing it, failed to do.
It can protect free flowing rivers for their social, ecological, cultural values.
It can also engage more effectively with civil society and community groups in a credible manner.
A recent SANDRP study “Shrinking and Sinking Deltas: Role of Large Dams” has shown that large dams are playing big role in sinking of deltas in India. This is not even properly studied. The new government can initiate a scientific study in this regard and ensure that before taking up any new project, this aspect is studied.

Conclusion I started writing this brief note following questions from several media friends, but it has become much longer! So let us come to the conclusion. I am not even sure if the new government is in any mood to listen to such unsolicited suggestions, but let us put it out and hope for the best! I decided to put this out, even as Mr Modi prepares to take office on May 26.

This article tries to show the risks, challenges and some immediate tasks of the new government at the centre. In sum, the new NDA government would do well not to forget the reasons for rejection of NDA in 2004 and UPA now in 2014. Both were guilty of bull dozing ahead with their agendas without listening to the people. Avoiding that may be the biggest challenge this government faces, besides the specific ones mentioned above.

Himanshu Thakkar[18] (ht.sandrp@gmail.com)

END NOTES:

[1] https://sandrp.wordpress.com/2013/06/23/uttarakhand-floods-disaster-lessons-for-himalayan-states/

[2] https://sandrp.in/irrigation/Failure_of_Big_Irrigation_Projects_and_Rainfed_Agriculture_0510.pdf

[3] http://timesofindia.indiatimes.com/home/lok-sabha-elections-2014/news/Will-an-NDA-government-form-separate-ministry-for-rivers/articleshow/35128448.cms

[4] http://timesofindia.indiatimes.com/home/lok-sabha-elections-2014/news/Modi-plans-to-nurture-Ganga-as-national-project-Amit-Shah-says/articleshow/35082208.cms

[5] http://www.downtoearth.org.in/content/adding-another-national-regulator-will-not-help-environment

[6] https://sandrp.wordpress.com/2014/04/26/why-is-gujarat-neglecting-safety-of-sardar-sarovar-dam/

[7] https://sandrp.wordpress.com/2014/04/18/why-is-this-dam-being-constructed/

[8] https://sandrp.wordpress.com/2014/04/04/why-is-media-missing-the-real-gujarat-story-gujarat-satya-samachar/

[9] https://sandrp.wordpress.com/2014/04/07/election-manifestos-of-bjp-congress-and-aap-comparative-reading-on-environment-and-natural-resource-management/

[10] https://sandrp.in/otherissues/Jairam%20Ramesh%20as%20Environment%20Minister%20-%20An%20Assessment%20July%202011.pdf

[11] https://sandrp.wordpress.com/2013/12/21/veerappa-moily-as-environment-minister-has-the-upa-leadership-learnt-no-lessons-from-aap-experience/ and https://sandrp.wordpress.com/2014/01/03/open-letter-to-upa-leadership-please-remove-mr-moily-from-paryavaran-bhawan/

[12] http://www.greenpeacex.in/petitions/oily-moily-needs-to-go-1

[13] For example, Dakshin Kannada and Mangalore saw a huge socio-political movement against Moily and Congress due to his politically motivated support to Yettinahole Diversion Project.

[14] https://sandrp.wordpress.com/2013/07/08/why-sit-under-dr-chitale-should-be-taken-seriously/ and https://sandrp.wordpress.com/2014/03/03/vijay-pandhares-letter-to-dr-chitale-please-fix-responsibility-of-the-irregularities/

[15] https://sandrp.wordpress.com/2013/07/19/cag-blows-the-lid-off-massive-irrigation-scam-in-andhra-pradesh/

[16] https://sandrp.wordpress.com/2014/04/29/report-of-expert-committee-on-uttarakhand-flood-disaster-role-of-heps-welcome-recommendations/

[17] http://paryavaranmitra.wordpress.com/2014/05/

[18] The numerous suggestions given by Ms Parineeta Dandekar of SANDRP are gratefully acknowledged.

[19] https://sandrp.in/Dams_in_tribal_belt_of_Western_Ghats_for_the_Mumbai_Metropolitan_Region.pdf

[20] https://sandrp.in/Shrinking_and_sinking_delta_major_role_of_Dams_May_2014.pdf

Chenab · Jammu and Kashmir

Massive Kwar and Kiru HEPs on Chenab, J and K : Poor quality & cut paste EIAs, flawed public hearing

May 10, 2014May 11, 2014 SANDRPLeave a comment

It seems we do not want to learn any lessons from the massive Uttarakhand disaster of June 2013. Two more huge capacity hydropower projects have been submitted to the Expert Appraisal Committee (EAC) of Ministry of Environment & Forest (MoEF) for grant of Environmental Clearance (EC) with very poor quality Environmental and Social Impact Assessment (EIA) reports.

EIA reports of Kiru Hydro Electric Project (HEP) (660MW) and Kwar HEP (560 MW) proposed in Kishtwar district, Jammu and Kashmir by Chenab Valley Power Projects Ltd. (CVPP) were submitted to the EAC for River for its 74^th meeting held on 5-6 May, 2014 for grant of EC. The projects are run-of-river schemes proposed on river Chenab as a part of cascade development of Chenab basin.

Vicinity Map (Source Kiru EIA Report)

Partial Map of Commissioned and Proposed HEPs in Chenab River Basin (Map by SANDRP)

Chenab basin may have one of the highest concentrations of hydropower projects among all basins in India[1]. The basin has over 60 HEPs under various stages of planning, construction and commissioning in states of Himachal Pradesh (HP) and Jammu and Kashmir (J&K).

While 49 of these projects are planned or under construction in Chenab in HP, 28 projects of combined generation capacity of 5,800 MW are at an advanced stage of obtaining (Environment Ministry) clearances[2]. State of J&K has 13 projects planned of total capacity 8,623 to 8,923 MW. These consist of at least four operational projects (of total 1563.8 MW), three under construction projects (of 1450.5 MW) and six proposed projects (of 5608.7 MW).

Table 1: Cascade Development of Chenab Basin Source: EIA report of Kiru & Kwar
Sr. No.	Scheme	River	Capacity
1	Salal (Stage- I & II)	Chenab	690 MW
2	Sawalkot	Chenab	1856 MW
3	Baglhar (Stage-I & II)	Chenab	900 MW
4	Shamnot	Chenab	370 MW
5	Ratle	Chenab	850 MW
6	Dulhasti	Chenab	390 MW
7	Kwar	Chenab	560 MW
8	Kiru	Chenab	660 MW
9	Kirthai-I	Chenab	350 MW
10	Kirthai-II	Chenab	990 MW
11	Barinium	Chenab	240 MW

Himalayan ecosystem, of which the Chenab river basin is a part, is known to be geologically fragile. Cascade of hydel projects proposed on the river basins of this region would make the region even more vulnerable to extreme and erratic weather events, which will increase in changing climate. This has already been witnessed during Uttarakhand disaster of June 2013. Expert Body (EB) headed by Dr Ravi Chopra recently has officially acknowledged this connection in the report submitted to MoEF[3]. In light of this, a thorough impact assessment of all the proposed hydro power projects in this region is thus of critical importance. Various organizations and experts including SANDRP have repeatedly highlighted the fact that Cumulative Impact Assessment (CIA) of all the proposed, under construction and operational projects and carrying capacity assessment (CCA) of the river basin to see if it can support the massive number of HEPs in safe and sustainable way is one of the first steps before considering clearances to HEPs in this region. Without such a study, considering any hydropower project in the basin will be an invitation to disaster[4].

Even though the MoEF sanctioned TORs for cumulative impact assessments of the HEPs on Chenab in HP in February 2012, this critical task was entrusted to the Directorate of Energy, Government of Himachal Pradesh. This is a clear case of conflict of interest. Further the project specific ECs were delinked from the CIAs[5].

More importantly, no such study has been initiated in Chenab basin in J&K or in the Chenab basin as a whole. State of Jammu and Kashmir is not even considering CIA of HEPs on Chenab in the state as MoEF has not asked for it yet. CIA of the entire Chenab basin including HP and J&K is not being considered, which itself is violating MoEFs Office Memorandum dated May 28 2013. The OM states that all states were to initiate carrying capacity studies within three months from the date of the OM No. J-11013/I/2013-IA-I. Since this has not happened in case of Chanab basin in J&K, considering any more projects in the basin for Environmental clearance will be in violation of the MoEF OM.

On Cumulative Impact Assessment, the OM said, “While, first project in a basin could come up without insisting on cumulative impact study, for all subsequent hydro-power projects in the basin, it should be incumbent on the developer of second/ other project(s) to incorporate all possible and potential impacts of the other project (s) in the basin to get a cumulative impact assessment done.” The EIA of both the projects does not include the cumulative impacts.

MoEF continues to give clearances to individual HEP projects despite of poor quality Project Feasibility Reports (PFRs) and EIA reports submitted for appraisal. Kiru & Kwar EIA reports are a classic example of such poorly conducted EIAs. The EIAs demonstrate several serious issues across various stages from TOR non-compliance, non assessment of impacts, cut and paste job, lack of any references, faulty public hearings, the issued raised at public hearings have not been addressed in EIAs, as statutorily required. SANDRP recently made detailed submissions to EAC highlighting these issues for both the projects. Some highlights below:

Copy paste job while preparing EIA reports Both the reports are prepared by a consortium of RS Envirolink Technologies Pvt. Ltd. (Gurgaon) and Jammu University. Kiru EIA report demonstrates a casual approach towards impact prediction and proposing mitigation measures in EMP. The report also misses out on a number of important aspects of EIA like impact of construction activities on geology, flora fauna, impact of climate change, cumulative impacts of cascade development in Chenab basin etc. While Kiru EIA is inadequate on several fronts it was utterly shocking to discover that Kwar EIA report is a complete replica of the Kiru EIA Report. Entire text, save project specific numbers, remains the same in both reports, to the extent that the Kwar EIA report mentions Kiru instead of Kwar at several places!! The impact prediction for both the cases is so vague and generic that the changes in numbers for project-specific details like proposed installed capacity, submergence of reservoir, FRL, head race tunnels etc. do not reflect at all in the reports!

Brief Project Profiles Kiru H.E. Project and Kwar H.E. Project are run-of-river schemes proposed on river Chenab located in the district Kishtwar of J&K.

Kiru HEP envisages the construction of a 193 m long and 123 m high concrete gravity dam above the river bed across river Chenab at village Kiru with four intake, four pressure shafts, an underground powerhouse of 4 units of 165 MW each. Impoundment will cover an area of 1.03 Km extending 6.5 km upstream of dam. The average river bed level at the dam site is about EL 1394 m corresponding to an FRL of 1515 m, the gross storage of the reservoir is 41.50 Mcum and area under submergence is 1.03 Km.

Proposed dam site for Kiru HEP(Source Kiru EIA Report)

Kwar HEP envisages construction of a concrete gravity dam 101 m high from river bed across river Chenab at village Padyarna, four number intakes, four pressure shafts, an underground powerhouse to accommodate 4 units of 140 MW each and two number tail race tunnel. FRL of reservoir is proposed at EI 1385M. Gross storage of the reservoir at FRL is 27.167 Mcum. The reservoir will submerge an area of about 0.8 Sq. Km at FRL.

Proposed dam site for Kwar HEP (Source Kwar EIA Report)

TOR non-compliance First and foremost glaring issue about the proposed projects is the non-compliance with the TORs (Terms of Reference) laid down for conducting the EIA. These TORs were granted by MoEF. We have listed here only an indicative list of non compliance below, not an exhaustive one.

Kiru HEP The TOR clearance letter was issued for Kiru project on Sept 9, 2008, the TORs are valid for a period of 3 years, but the project developer never came back for extension of the TOR on expiry of 3 year period and has come now for EC over 5.5 years after the TOR clearance. Thus the TOR clearance is no longer valid for Kiru HEP as per the law. Also originally the TOR clearance for Kiru was given for 600 MW installed capacity. The EIA however has been conducted for 660 MW capacity. No permission was sought by the PP for this increased capacity.

Kwar project has undergone several changes since the grant of TOR on 17 March 2010. Table given below compares some of these changes. First and foremost alteration has been in the proposed total power generation. While the TORs were granted for 520 MW the EIA has been conducted for 560 MW. Number of affected families goes up by 160% and project cost escalates by 29%. The TORs were granted for over four years back and the project authority never got back to EAC/MoEF for renewal of the TOR as other projects do. Thus the TORs granted originally do not remain valid in this case too.

Table 2: Changes in the scope of Kwar project after grant of TOR on 17 March 2010
Sr. No.	Parameter	Scope at the time of TOR clearance	Current scope of the Proposed Project
1	Total power Generation	520MW	560 MW
2	Land requirement	5 Ha Government land	93.66 Ha Government land
3	Power House Units	4 x 130 MW	(4 x 140MW)
4	Affected families	35	91
5	Project Cost	Rs 3386.11 Cr	Rs. 4375.50 Crores at Jan’2012 PL

Casual approach towards impact prediction

Kwar EIA copy pasted from Kiru EIA report: It is evident that the EIA consultants have done nothing but copy paste job while preparing Kwar EIA report. At certain places Kwar report mentions ‘Kiru’ instead of Kwar. See for example point number 1.7 in Index of Kwar EIA mentions ‘Need of the Kiru HE project’ instead of Kwar and point number 4.4 mentions ‘Basin characteristics of free draining area of Kiru HEP’ (p.3 & p.6 of the document). Page 28 of Kwar EIA states that “The case for forest clearance of Kiru HE Project for diversion of 29.75 ha of forest land has been approved in the 81st meeting of J&K State Forest Advisory Committee (FAC) held on 09.12.2013…”

Other than very project specific figures, the entire text for both the reports is exactly the same. Impact prediction is the heart of an EIA study. However in Kwar EIA report an important chapter like Chapter 8- “Identification, Prediction and Evaluation of Environmental Impacts” is also copy pasted. The text of the chapter is same as that of Chapter 8 from Kiru EIA report save the project specific numbers and their description. The impacts predicted are vague and are conveniently kept the same in both the reports. It is clear that no real field work or application of mind is done. Such an EIA study defeats the basic purpose of conducting an EIA.

Impact of construction activities: The Kiru project involves a reservoir of live storage 10.5 MCM, a concrete dam on height (from river bed) 123.0 M & length 193 M, construction of 4 head race tunnels (of 7 m dia and 165 to 190 m length each) for discharging the water to an underground powerhouse of 4 units of 165 MW each. The project also envisages 33.4 Lakh CuM of construction material required from the project site.

The Kwar project involves construction of 101 m (above river bed)/ 109 m (above deepest foundation) high concrete gravity dam, Underground power house complex of four units of 140 MW each, Two concrete lined 9.5 m internal diameter main tailrace tunnels (having length of 2676 m and 2883 m) amongst several other features like four 5.65 m internal diameter main pressure shafts (each with a length of 108-182 m), etc. The project also envisages 38.36 Lakh CuM of construction material required from the project site.

View of Naigarh Nala Rock Quarry at Kwar Dam site (Source Kwar EIA Report)

All these activities will have significant impact on the geology and hydrology of the region. However no significant assessment or quantification of these impacts in terms of change in drainage patterns, springs in the project area, increased thereat of landslides, seismic activities has been carried out.

While talking about the impact of construction activities, the only impact of these two EIAs discussed in the chapter is ‘muck generation’. It does not mention impacts of tunneling and blasting involved in construction and also does not talk about its impact on fragile geology and hydrology of Himalayan region at all[6]. While talking about quarrying activities in the same chapter it states only two impacts viz. visual impacts and noise generation[7]. Impacts on landslides have been randomly dismissed stating that the sliding activity may not be significantly induced by project construction activities[8]. The reports trivialize the impacts on migratory fish Mahseer by stating that the upstream migration of this fish from the lower reached of the Chenab River have already been blocked by Salal and Baglihar, Dul Hasti dams. Thus they conclude that impact of this project on this fish species is not expected to be significant[9]. Option for fish ladder and fish lift has been ruled out for both the projects stating that it is not techno-economically feasible at the project site. Development of a hatchery at the project site has been proposed instead. The impact of the project on all the fish available in the river should have been assessed based on baseline assessment of the fisheries in Chenab River, which is not done. Secondly, there is no credible evidence to show that hatchery as a management option is useful or effective.

Left Bank slide for Kiru Project downstream of Ludrari Nala (Source Kiru EIA Report)

Right Bank slide for Kiru Project about 16 km downstream of Gulab Gargh (Source Kiru EIA Report)

The southern boundary of the Kishtwar National Park is approximately at an aerial distance of 11 km away from the proposed project, it is claimed, but this needs to be independently assessed. Also, just because it lies outside the boundary of study area which is radius of 10 KM, the EIA does not consider the impacts on this national park at all! EIA reports for both Kiru and Kwar HEPs simply state that the proposed activities shall have no impact on the National park[10].

Biodiversity at Kishtwar National Park (Photo: Travel Places[11] & Beauty Spots of India[12])

Several Important aspects of EIA are missing

No mention of free flowing river stretch: There is no mention of what is the flowing river stretch upstream and downstream of the project. As is clear from the EIA, the elevation difference between FRL of Kiru HEP (1515 m) and TWL of upstream Kirthan II (1526.5 m) is just 11.5 m. The elevation difference between TWL of Kiru HEP (1388 m) and FRL of downstream Kwar HEP (1385 m) is just 3 m. Similarly the elevation difference between TWL of Kwar HEP (1270 m) and FRL of downstream Hasti HEP (1264 m) is just 6 m. However, it is not clear what the flowing river lengths in all these locations are. Unless this length is assessed and is found to be adequate for river to regain its vitality, the project should not be considered and it should be asked to change the parameters.

Environmental Flows: The Kiru EIA report states that significant downstream impacts related to the water quality, fisheries, socio-economic and aquatic biodiversity are not foreseen since toe power house is proposed downstream of the dam and tail water level is EL 1388.52 m, discharge will be less only in a “very small stretch of about 800 m”. This seems to show the ignorance of the EIA consultants about how biodiversity in a flowing, lively river like Chenab survives.

Kwar EIA report states that the water entering the reservoir will be released back to river at a distance of 2.6 KM downstream. The report claims that though there in no human activity in this stretch of 2.6 KM the aquatic life will be definitely affected, as also terrestrial biodiversity, groundwater recharge, use of river and silt flow pattern.

10% of average of lean season discharge has been prescribed to be released through the dam gates as environmental flow for both the projects. This quantity has been calculated as 9.0 cumecs based on discharge data of the river. There is no mention of environmental flows in EMP. Firstly, this is even below the norms being followed by EAC and MoEF (30% in monsoon, 20% in lean season and 25% in rest, each at 90% dependability). Secondly, the amount of E-flow required needs to be arrived at based on actual assessment, but no such assessment has been done.

Impact of peaking generation not assessed: The reports talk about advantage of hydropower in terms of ability to providing peaking power. However, when a project operates as peaking station, there are severe impacts in the downstream and also upstream (rim stability). These impacts have not been assessed, nor is it assessed how the project will perform in the cascade development it is in.

Some other important aspects of impact assessment that report misses out on are:

Impact of the project on disaster potential in the project area as well in the downstream due to construction and also operation at various stages, say on landslides, flash floods, etc.
Social and Environmental Impacts of construction and operation of the coffer dams and diversion tunnels during construction phase are not included.
The reports do not even mention Climate Change.Impact of climate change on the project and impact of the project on the local climate has not been assessed. No mention or attempt has been made about or to assess the impact of green house gas emissions from the project.
Impacts on the flood characters of the river due to this dam, what will be the changes and how these will impact downstream areas.
Impact of changing silt flows downstream from desilting chamber and from silt flushing in monsoon on the downstream areas not analyzed. A detail account of how the silt from the dam would be flushed out annually and what would be the impact of this in the downstream as well as on the geo morphology, erosion, stability of structures etc was not done.
Options Assessment is missing, this is crucial part of the EIA to establish that among all options, including non project option, the given option is the least cost and best option.

Cumulative Impacts not assessed The EIA report gives list of Major hydroelectric projects executed /under execution/ under investigation so far in the basin in J&K which are a part of Cascade Development. Kirthan HE Project (990MW with proposed FRL at 1764 m and TWL at 1526.50m) which is yet to be commissioned is proposed upstream of Kiru (660 MW with FRL at 1515M). Downstream of Kiru is Kwar HE Project (560 MW with FRL at 1385 m and TWL at 1270 m) which is yet to be appraised and Dul Hasti HE Project (390 MW with FRL at 1264 m) which is commissioned.

Impoundment of Chenab at Dul Site (Source: Kwar EIA Report)

Moreover, the EIA does not provide the list of hydropower projects being taken up in Chenab basin in upstream Himachal Pradesh^{^[13]}. The cumulative impacts of all such projects will be huge.

The report summarizes cumulative impacts in single sentence: “The increased pressure will include uncontrolled logging, hunting of wildlife, non-timber forest product collection, livestock husbandry, the cultivation in forest areas and forest fires.”[14]

EIA report completely misses out on the detailed analysis of cumulative impacts in terms of

Impacts on flora, fauna, carrying capacity, livelihoods
Impact of reduction in adaptive capacity of the people and area to disasters in normal circumstance AND with climate change
Impacts on springs and drainage pattern
Disaster potential of the area
Tunneling and blasting
Geological disturbance caused
Seismic impacts
Carrying capacity

Inadequate Dam Break AnalysisThe Dam break analysis does not take into account the cumulative disaster potential including existing and proposed upstream and downstream projects. The EIA report also does not include cumulative disaster management plan.

Improper Public Hearing Public hearing conducted for both the projects were flawed. Excerpts from the speeches made by the officials from J&K State Pollution Control Board (SPCB) and CVPP that are noted in the public hearing report show that what these persons spoke was inappropriate, misleading and intimidating[15]. Also point wise responses to the issues raised by people at the Public Hearing are not provided in the EIA, as statutorily required. Hence even when people ask for Resettlement and Rehabilitation as per latest Act of 2013 (made effective from Jan 1, 2014), the EIA talks about National Resettlement and Rehabilitation Policy of 2007. The public hearing report strangely end for both projects with the officials asking those who are for the projects to raise their hands. There is no formal provision for voting for or against the project. Such public hearing should be declared null and void and fresh public hearing should be conducted.

Poor quality EIA reports that reflect pro hydro bias of the consultant EIA is the most effective tool to ensure environmental compliance in India. Needless to state that it is of critical importance. Casually predicted, unaddressed impacts and copy paste job of the Kiru and Kwar EIA reports once again highlights the poor quality of EIA reports submitted to the ministry for grant of EC. These reports decide fate of the project, of the people and environment surrounding the project site. Such quality of the report is most definitely not acceptable.

Further, an EIA report is an attempt to understand what are the adverse social and environmental impacts of a project and weather the impacts are acceptable, if the project is viable, optimal and desirable. The answer to this exercise can also include the answer that the project is not viable or desirable or acceptable. In view of this, the EIA consultant needs to be completely unbiased and should be ready to even conclude that the project is unacceptable. However, in case of the EIA consultant for the Kiru & Kwar HEP, EIA starts in very 1^st chapter with a shockingly unscientific and biased statement: “Hydropower projects are dependable, renewable, economic, environmentally benign sources of energy with ability to stop and start instantaneously.” This statement is factually wrong on many counts (e.g. hydropower project is renewable or dependable or environmentally benign source of energy). It, along with whole para 1.2 also reflects the bias of the EIA consultants RS Envirolink Technologies Pvt Ltd (with Jammu University) and we urge the EAC and MoEF to reject such poor quality and biased EIAs and take other necessary steps to debar such agencies from doing any EIA or environmental studies in future.

CONCLUSION Looking at serious issues above, based on merit of the EIA reports, as well as complete cut-paste jobs, we are hopeful that the MoEF will not recommend EC for these projects. This case also highlights the importance of cumulative impact assessment in an over developed Himalayan basin. When the experience with Uttarakhand flood disaster of June 2013 is fresh, we hope that MoEF will not commit another blunder.

Amruta Pradhan, SANDRP

END NOTES:

[1]https://sandrp.wordpress.com/2013/07/01/pm-kick-starts-850-mw-ratle-project-in-jk-without-full-impact-assessment-invitation-to-another-disaster-in-chenab-basin/

[2]https://sandrp.in/hydropower/Dams_on_Chenab_How_many_are_too_many_Dec2012.pdf

[3]https://sandrp.wordpress.com/2014/04/29/report-of-expert-committee-on-uttarakhand-flood-disaster-role-of-heps-welcome-recommendations/

[4] Refer to SANDRP studies on Chenab

https://sandrp.wordpress.com/2013/07/01/pm-kick-starts-850-mw-ratle-project-in-jk-without-full-impact-assessment-invitation-to-another-disaster-in-chenab-basin/

https://sandrp.in/hydropower/Dams_on_Chenab_How_many_are_too_many_Dec2012.pdf

https://sandrp.wordpress.com/2014/05/06/massive-hydropower-capacity-being-developed-by-india-himalayas-cannot-take-this-onslought/

[5]https://sandrp.wordpress.com/2013/07/01/pm-kick-starts-850-mw-ratle-project-in-jk-without-full-impact-assessment-invitation-to-another-disaster-in-chenab-basin/

[6]p.291 of Kiru EIA Report & p.288 of Kwar EIA report

[7]p.293 of Kiru EIA Report & p.289 of Kwar EIA report

[8]p.298 of Kiru EIA Report & p.294 of Kwar EIA report

[9]p.307 of Kiru EIA Report & p.303 of Kwar EIA report

[10]p.221 of Kiru EIA Report & p.223 of Kwar EIA report

[11]http://www.4to40.com/travel/index.asp?p=Kishtwar_National_Park&state=Jammu_and_Kashmir

[12]http://beautyspotsofindia.com/kishtwar-national-park-jammu-kashmir/

[13] See for example: https://sandrp.in/basin_maps/Hydro_%20Electric_Projects_in_Chenab_River_Basin.pdf

[14]P. 306 of Kiru EIA

[15]The Public hearing report of Kiru says that Shri Sajjad Mufti, Regional Director of J&K SPCB said at the public hearing, “Construction of project should not deteriorate the environment….” This is a very strange, untruthful and inappropriate statement from J&K SPCB official. Why should the official be speaking at all at the public hearing and that too make such a statement that would also affect the atmosphere of the public hearing? Similarly the statement of GM of CVPP at the public hearing, “The most viable and cleanest of all (sources of power) is hydro power” was again, wrong, intimidating and inappropriate. The statement of Shri Khursheed Ahmed Butt of CVPP, “forest clearance has already been granted to the proposed project” is incorrect since the proposal for forest clearance for the project has not even come before FAC. Such public hearing should be declared null and void and fresh public hearing should be conducted.

The Public hearing report of Kwar says that the GM of CVPP said at the public hearing, “The best source of power generation is hydro power” was wrong, intimidating and inappropriate. The statement, “forest clearance has already been granted to the proposed project” is incorrect since the proposal for forest clearance for the project has not even come before FAC.

[16] See for details and link to PCA orders: https://sandrp.wordpress.com/2013/12/23/international-court-asks-india-to-release-more-water-and-rejects-plea-to-re-interpret-february-verdict-on-kishanganga/

Himalayas · Hydropower · Hydropower Performance

Massive Hydropower capacity being developed by India: Himalayas cannot take this onslaught

May 6, 2014May 8, 2014 SANDRPLeave a comment

At least 49 large[1] hydropower projects are under construction in India today, with a cumulative capacity of 15006 MW[2]. As per the latest bulletin from Central Electricity Authority[3], “Status of Hydro Electric Projects under Execution for 12th Plan & beyond (Excluding projects above[4] 25 MW)” dated March 31, 2014, 35 of these projects (9934 MW) are expected to be commissioned in 12^th Five Year Plan[5] and remaining 14 with installed capacity of 5072 MW would provide benefit beyond 12^th Plan.

Considering that 1534 MW capacity has already been added in first two years of ongoing 12^th Five Year Plan (during 2012-13 and 2013-14), CEA projections means that India hopes to add massive 11468 MW capacity during the current five year plan. This will be higher than capacity added in any other five year plan and 254% of the capacity addition during the last, 11^th Five Year Plan (2007-12) when India added 4514 MW. The graph below shows how steeply our hydropower installed capacity is going up over the last 25 years.

Rapidly Increasing installed capacity of Large Hydropower Projects in India

The proponent of even more accelerated hydro capacity addition misleadingly talk about the need for having 40% of installed grid capacity as hydro.

In line with this, the CEA came out with plans to add 65000 MW in 13th Five Year Plan (2017-2022: 30 000 MW) and 14th Five Year Plan (2022-2027: 35 000 MW). (see http://www.energylineindia.com/ of May 6, 2014)

There is no science behind this advocacy. It is basically a suggestion possibly based on the general assumption that peaking demand is 40% higher than base-load demand. Hence if we have 40% installed capacity from hydro in the grid, this can take care of total demand optimally. However, this is based on assumption that hydro capacity is indeed used for peaking. This assumption is completely wrong in India, with no agency monitoring or even reporting how much of the hydro generation currently provide peaking power. Without such optimum use of current hydro capacity, where is the case for 60:40 grid capacity ratio for hydro? It goes without saying that when hydro projects are used for peaking power, there are additional social and environmental impacts in the downstream and upstream. These need to assessed and those who suffer are compensated.

On similar lines, one can answer the advocacy for claim that hydro is clean, green, renewable and cheap source of power or that run of the river or small hydropower projects are more environmentally benign. However, this blog is not attempting to answer all such fallacies here, it needs a separate blog.

While this is happening, the Expert Appraisal Committee of Union Ministry of Environment and Forests on River Valley Projects has been clearing projects at break a neck speed with almost zero rejection rate. Between April 2007 and Dec 2013, this committee recommended environment clearance to 18030.5 MW capacity, most of which has not entered the implementation stage. Moreover, this committee has recommended 1^st Environment clearance (what is technically called Terms of Reference Clearance) for a capacity of unimaginable 57702 MW in the same period. This is indicative of the onslaught of hydropower projects which we are likely to see in the coming years.

Figure 1 TORs (First Stage EC) and EC recommended by EAC between April 2007 - December 2013 — Figure 1 TORs (First Stage EC) and EC recommended by EAC between April 2007 – December 2013

Table: Sector-wise & plan-wise number of & capacity of under construction HEPs

Sector	During 12^th FYP		After 12^th Plan		Total
Sector	No of Projects	Installed capacity, MW	No of Projects	Installed capacity, MW	No of Projects	Installed capacity, MW
Central	11[6]	5312	3	2615	14	7927
State	12	1506	3	736	15	2242
Pvt	12	3116	8	1721	20	4837
Total	35	9934	14	5072	49	15006

Among the three sectors, the largest number of under construction projects (20) are from private sector. However, among all sectors of under construction projects, central sector projects have the highest installed capacity (7927 or 53% of under construction capacity of 15006 MW).

Figure 2 Sectorwise ownership of under-construction HEPs in Numbers

Vulnerable Himalayas are the target In the second table the state-wise and sector-wise break of numbers and capacity of under construction HEPs has been given. Himachal Pradesh has the highest number and highest installed capacity projects among all states. That state also has the highest installed capacity (8139 MW or over a fifth of operating HEP capacity at national level) of large operating hydropower projects. Sikkim, however, has the highest number and capacity of private sector hydropower projects under construction. In fact, half of the total national-level private sector projects which are under construction are in that tiny state. Their installed capacity is more than half the installed capacity of all the private sector hydropower projects under construction at national level. Ironically, the state also has the highest biodiversity in the country.

Figure 3 Installed Capacity of under construction HEPs, sector-wise ownership, in MW

Himachal Pradesh and Uttarakhand also have 5 and 3 private sector HEPs under construction respectively. The 5 Himalayan states of Jammu & Kashmir (J&K), Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh between them have 38 of the 49 under construction hydropower projects with total capacity of 13550 MW or over 90% of under construction capacity. In addition, the projects of Mizoram, Meghalaya, W Bengal (Teesta L Dam IV) and Punjab (Shahpur Kandi on Ravi River) are also in Himalayan zone.

Table: State-wise & sector-wise number and capacity of under-construction HEPs

State	Central Sector		State Sector		Private Sector		Total
State	No of projects	Installed Capacity, MW	No of projects	Installed Capacity, MW	No of projects	Installed Capacity, MW	No of projects	Installed Capacity, MW
J&K	1	330	1	450	1	850	3	1630
Himachal P	4	2532	6	956	5	460	15	3948
Uttarakhand	4	2135	–	–	3	505	7	2640
Sikkim	–	–	–	–	10	2622	10	2622
Arunachal P	3	2710	–	–	–	–	3	2710
Mizoram	1	60	–	–	–	–	1	60
Meghalaya	–	–	1	40	–	–	1	40
W Bengal	1	160	–	–	–	–	1	160
Punjab	–	–	1	206	–	–	1	206
Madhya Pr	–	–	–	–	1	400	1	400
Maharashtra	–	–	1	80	–	–	1	80
Andhra Pr	–	–	3	410	–	–	3	410
Kerala	–	–	2	100	–	–	2	100
Total	14	7927	15	2242	20	4837	49	15006

Figure 4 State-wise and sector-wise number of HEPs under construction

Figure 5 State-wise installed capacity of under construciotn HEPs

Diminishing Returns This blind rush for hydropower projects (which have serious and irreversible impacts on social and ecological systems) is difficult to understand and justify considering their poor generation performance, rising costs and availability of better options. To illustrate, in the graph below we can see how power generation per unit (MW) installed capacity has been steadily reducing over the last two decades. From 1993-94 to the latest year of 2013-14, there has been a huge drop of 16.5%.

Diminishing power generation from India's Hydropower Projects over the last two decades — Diminishing power generation from India’s Hydropower Projects over the last two decades

Yawning gap between promised and actual generation of Hydro Projects Another way to look at performance of hydropower projects would be to compare the projected (as promised in Techno Economic Clearance) and actual generation (both at 90% dependability) of electricity by HEPs. This assessment shows that about 89% of India’s operating hydropower projects are generating at below the promised levels. Shockingly, half of under performing projects are generating at below 50% of promised generation levels.

How much Peaking Power are we generating? A third way to assess the hydropower generation is in terms of peaking power, a USP[7] of hydropower projects. However, no figures are available as to how much of the generation from hydropower projects are happening during peaking hours. No agency in India is even monitoring this or reporting this: including CEA, Central or State Electricity Regulatory Authority, National, Regional or State Load Dispatch Centers, Union or state Power Ministries or individual operators. In short, there is no case for justifying more hydro in the name of providing peaking power if we are neither monitoring nor optimizing hydropower generation during peaking hours. One expected CEA to do this job, but it seems they are busy lobbying for hydropower projects rather than functioning as India’s premier Technical Power sector agency.

Invitation to disaster? The consequences of such massive capacity addition are and will continue to be disastrous for the rivers, forests, biodiversity and people. The Uttarakhand disaster of June 2013 has shown the vulnerability of hydropower projects in Himalayas, as well as their impacts. The disaster and independent reports[8] also show how the construction and operation of these projects have contributed to compounding the proportion of the disaster. Climate Change is accentuating this situation and will continue to do so with increasing intensity as per the IPCC reports.

Role of HEPs in Uttarakhand disaster: CEA and CWC in denial mode This analysis of under construction hydropower projects as reported in the latest CEA bulletin shows that Himalayas is the target for overwhelming majority of hydropower projects being taken up India (& neighbouring countries like Bhutan, Nepal, Pakistan and Tibet). The Uttarakhand disaster showed how hydropower projects are increasing the existing vulnerabilities and disaster potential of the Himalayan region in times of natural calamities. An independent committee appointed by MoEF following Supreme Court orders of Aug 13, 2013 pointed out the role of hydropower projects in Uttarakhad disaster of June 2013.

It should be highlighted here that multiple hydropower projects should invite cumulative impact assessment. As Supreme Court order of Aug 13, 2013 highlighted, such cumulative impact assessment need to be done in a credible way and not the way AHEC of IITR did for the Bhagirathi-Alaknanda basin.

Strangely, instead of accepting this reality and taking this into account in decision making processes, Central Water Commission and Central Electricity Authority are in a denial mode! They collectively submitted a completely unscientific and unfounded report to Union Environment & Forests Ministry, advocating for hydropower projects rather than assessing their role in disaster, which was the mandate given by Supreme Court of India to MoEF. The CEA is clearly jeopardizing whatever credibility it has in joining hands with CWC. It would be better for both the agencies to accept and wake up to these realities.

Else, such onslaught of hydropower projects on Himalayas is likely to be an invitation to further disasters all across the Himalayas. All our decision makers and all others concerned need to take note of this urgently.

Himanshu Thakkar (ht.sandrp@gmail.com)

END NOTES:

[1] Defined as those projects having installed capacity above 25 MW

[2] In reality, there are many other large HEPs under construction, but his figure is based on CEA.

[3] http://cea.nic.in/reports/proj_mon/status_he_execution.pdf, CEA has been pretty irregular in putting up these bulletins, after Nov 2013, the next bulletin was available only now.

[4] In reality, this should be “below”, we have italicized the word since the error is in the original.

[5] Ending on March 31, 2017

[6] CEA projects that out of 2000 MW installed capacity of Lower Subansiri HEP in Arunachal Pradesh, 1000 MW will be commissioned in 12^th Plan and the rest of 1000 MW thereafter.

[7] Unique Selling Proposition

[8] https://sandrp.wordpress.com/2014/04/29/report-of-expert-committee-on-uttarakhand-flood-disaster-role-of-heps-welcome-recommendations/

Disasters · Floods · Uttarakhand

Report of Expert Committee on Uttarakhand Flood Disaster & Role of HEPs: Welcome recommendations:

April 29, 2014May 1, 2014 SANDRP29 Comments

Drop 23 projects, do cumulative assessments & improve governance

In a significant development on role of hydropower projects in Uttarakhand flood disaster of June 2013, the Expert Body (EB) headed by Dr Ravi Chopra has recommended that at least 23 hydropower projects should be dropped, that hydropower projects played significant role in the Uttarakhand disaster and that there is urgent need to improve the environment governance of hydropower projects. The Report “Assessment of Environmental Degradation and Impact of Hydroelectric Projects During The June 2013 Disaster in Uttarakhand” dated April 2014 has been submitted to the Union Ministry of Environment and Forests on April 16, 2014 and was made public following hearing in the Supreme Court on April 28, 2014. The committee was appointed by a reluctant Union Ministry of Environment and Forests (MoEF) in October 2013, following the Supreme Court’s suo motto order of August 13 2013.

Uttarakhand floods of June 2013[1],[2]: The committee report endorses the stand taken in a letter[3] that was written to MoEF on July 20, 2013, endorsed by over 20 individuals and groups including from Uttarakhand on the role of existing and under construction hydropower projects in the Uttarakhand floods of June 2013. MoEF did not take any action on this letter, but it was Supreme Court order next month that pushed MoEF to take necessary action.

SC order of Aug 13, 2013[4]: On Aug 13, 2013, while disposing off the petition on Srinagar HEP in Uttarakhand, the Supreme Court, suo motto, made an order that asked, MoEF and Uttarakhand governments not to provide any further clearances to any more hydropower projects anywhere in Uttarakhand till further orders. Both MoEF and Uttarakhand governments have been violating this order. However, one of the fall outs of this order was formulation of Expert Body appointed by MoEF more than two months latter, through an order on Oct 15, 2013, whose report now is available in public domain.

Limited TOR[5]: The Supreme Court order of Aug 13, 2013 pertained to whole of Uttarakhand, as was the disaster of June 2013. However, the MoEF order and subsequently CWC tried to restrict the field of work of the committee to Alaknanda and Bhagirathi sub basins rather than whole of Uttarakhand.

Problematic constitution: The constitution of the Expert body was also problematic from a number of aspects. There was clear conflict of interest with respect to some of the members like Dr BP Das, former member and Vice Chair of the MoEF’s Expert Appraisal Committee on River Valley Projects, as explained below. The committee also included chairman of Central Water Commission and Central Electricity Authority, which unfortunately act like lobbies for hydropower projects. These persons were in the committee to bring in respective expertise, but in stead used their presence in the committee to discredit evidence which suggested clear role of hydropower projects, some members also advocated for more hydropower projects, in stead of adhering to the mandate given by the Supreme Court, thus raising the issue of contempt of court.

In what follows we have given some useful recommendations and conclusions of the EB, followed by some weak recommendations and conclusions of the EB report, based on a quick reading of the report (we got the over 200 page report only on April 29, 2014), following by some remarks on role of vice chair, CWC, CEA, MoEF and our conclusion.

Map of Mandakini Valley, epicenter of Uttarakhand floods of June 2014 (Source: EB report) — Map of Mandakini Valley, epicenter of Uttarakhand floods of June 2013 (Source: EB report)

On 24 projects recommended to be dropped by WII “After considerable discussions and analysis, the Expert Body concluded that of the 24 proposed Hydropower Projects (HEPs) that Wildlife Institute of India (WII) recommended for Review, 23 HEPs would have significant irreversible impacts on biodiversity values.”

“The EB recommends that for the 23 proposed HEPs out of the 24 identified by WII (other than the Kotli Bhel 1A project) that would have irreversible impacts on the biodiversity of Alaknanda and Bhagirathi Basins, the HEPs that fall in any of the following conditions should not be approved for construction.

(a) Proposed HEPs that fall inside wildlife Protected Areas such National Parks and Wildlife Sanctuaries

(b) Proposed HEPs that fall within the Gangotri Eco-sensitive Zone

(c) Proposed HEPs that fall above 2,500m that encompass critical wildlife habitats, high biological diversity, movement corridors, and fragile in nature due to unpredictable glacial and paraglacial activities.

(d) Proposed HEPs that fall within 10 km from the boundary of Protected Areas and have not obtained clearance from the National Board for Wildlife.”

It would have been in fitness of things if EB had exclusively asked for stoppage of work on all these 23 projects with immediate effect.

On Kotli Bhel 1A The EB has, we believe, erroneously concluded, over ruling the conclusion of WII and expert review initiated by EB, “that the Kotli Bhel 1A project might not significantly worsen the condition of the river Bhagirathi between Koteshwar and Devprayag – already part of a highly fragmented zone”. However, EB has asked for “due modifications to its design and operations so that an adequate stretch of the river downstream of the Koteshwar dam just above KB-IA can be maintained in a free flowing state”. This means the project work should stop and it should reapply for clearances after doing the suggested modifications in credible way.

Restoration: “The river bed profiles at Phata-Byung, Singoli-Bhatwari, Vishnuprayag and Srinagar HEPs have changed significantly. This requires a fresh analysis of the project hydrology and redesigning them if necessary.

All projects must undertake river restoration works after prior clearance from MoEF. It was noticed that project developers were engaged in projects’ restoration only. MoEF needs to conduct a formal review of the environmental damages at all the HEPs in Uttarakhand and prepare guidelines for restoration. Till then none of the projects should begin power production.”

HEPs above 2 MW need EC “All projects > 2 MW, shall require prior Environmental Clearances (EC) from MoEF”.

“A multidisciplinary expert body should be constituted with members of proven expertise and experience to review every year the progress/performance of each HEP and its compliance with the sanction conditions. This body will also review the technicalities of disaster preparedness before each monsoon season and examine the impact of monsoon storm and floods on the performance of all the project components. The environmental health of the river will be a critical area for comprehensive examination.”

No projects above winter snow line “Learning from the June 2013 event, the EB believes that the enhanced sediment availability from and in paraglacial zones could be a serious problem for the longevity of the existing, under construction and proposed HEPs in Uttarakhand. Therefore the EB recommends that the terrain above the MCT in general and above the winter snow line in particular (~2200-2500 m) should be kept free from hydropower interventions in Uttarakhand.”

SIA should be carried out for all river systems in Uttarakhand “The WII study has already identified 24 proposed HEPs in the Alaknanda and Bhagirathi basins as likely to cause irreversible impacts. But comprehensive research studies of other basins in Uttarakhand are lacking at this stage… Strategic Environmental Assessment (SEA) be carried out in other major river basins of Uttarakhand such as the Yamuna and Kali basins.”

Distance between projects in a cascade “Scientific studies by subject experts should be conducted for establishing baseline data on river parameters, diversity and populations of floral and faunal species in different rivers of Uttarakhand at different elevation zones. Such studies should be used for deciding upon the minimum distances between two consecutive HEPs. Until such scientific studies are completed, no new HEPs (in S&I stage) should be cleared on the rivers of Uttarakhand within a distance that may later be revoked. Minimum distances for projects in the clearance stage should be significantly revised upward from the current consideration of 1 km.”

SANDRP Map of Bumper to Bumper hydropower projects in Alaknanda basin in Uttarakhand

National Himalayan Policy “Since the Himalaya are our vital source of growth and abundance, a National Himalayan Policy needs to be urgently created and implemented.”

“Therefore, the EB strongly recommends that a detailed study of the impacts of hydropower projects in terms of deforestation/tunneling/ blasting/reservoir formation on the hydrogeology of the area should be carried out.”

A study on the role of large artificial reservoirs on local climate change and precipitation patterns with special reference to the Tehri dam reservoir.”

Sediment transportation studies “Recent studies have highlighted serious concern about the Indian deltas, which are shrinking due to changes in river courses. The Ganga-Brahmaputra delta is also noted in this category. This seems to be a major issue in near future therefore we recommend that the studies should be carried out regarding the impacts on sediment transportation due to projects existing on Himalayan rivers.”

Cultural impacts of HEPs “Therefore EB recommends that the Ministry of Culture along with the local representatives and spiritual leaders should undertake a comprehensive study of the cultural impacts of HEPs in the spiritually rich state of Uttarakhand.”

“The river bed profiles at Phata-Byung, Singoli-Bhatwari, Vishnuprayag and Srinagar HEPs have changed significantly. This requires a fresh analysis of the project hydrology and redesigning them if necessary.”

“River Regulation Zone (R.R.Z.) guidelines should be issued immediately by the Ministry of Environment & Forests and should be executed accordingly.”

Muck Management: “The existing practices of muck management are inadequate to protect the terrain and the people from an eventuality like the June 2013 flood. Therefore, a serious revisit is required towards evolving technically better and ecologically sustainable methods for muck disposal and rehabilitation in Uttarakhand.”

Environmental Flows: “Till such time as a decision is taken on the EFlows recommendations of the IITs-consortium, the EB recommends EFlows of 50% during the lean season and 30% during the remaining non-monsoon months. Sustaining the integrity of Uttarakhand’s rivers and their eco-systems is not negotiable.”

Eco-Sensitive Zones: “It is recommended that legislation be enacted to (i) protect small but significant rivers (as done in Himachal Pradesh and also recommended by the IMG for Uttarakhand) as pristine rivers and (ii) designate Eco-Sensitive Zones for all rivers of Uttarakhand.”

Community based CA and CAT “Community-based CA and CAT plan execution must be done by the State Forest Department within the construction period of the project.” This is to be monitored by a committee that includes two representatives from local communities, a renowned environmentalist, among others.

Forests and Biodiversity Conservation: “Community based CAT programmes have to be systemically implemented for ensuring sustenance of the plantations. This requires training of forest officials to work with the communities through their Van Panchayats.”

“It was brought to the notice of the EB that clearances to start work had been granted recently to the Lakhwar (300 MW) and Vyasi (120 MW) projects. This is in violation of the spirit of the Hon’ble Supreme Court’s order of August 13, 2013. It is also noticed that these projects were approved more than 25 years ago. Consequently they do not have any EIA/EMP/DMP studies that are mandatory today. Without conducting cumulative impact assessments and disaster management studies of the Yamuna and Kali basins no such projects should be allowed at the risk of fragile ecology, biodiversity and lives of people living in and around the project sites.”[6]

SOME WEAK RECOMMENDATIONS OF EB

“The EB recommends that MoEF strengthens its personnel and procedures for post-sanction monitoring of environmental conditionalities. The MoEF should develop a programme for research studies by reputed organizations on the impacts of HEPs on river water quality (and flows). Pre-construction and post operation long term impacts monitoring studies are required.”

Geology & Social Issues: “Given the massive scale of construction of HEPs in Uttarakhand it may be worthwhile to set up a formal institution or mechanism for investigating and redressing complaints about damages to social infrastructure. The functioning of such an institution can be funded by a small cess imposed on the developers. It is also suggested that to minimize complaints of bias, investigations should be carried out by joint committees of subject experts and the community.”

Disaster Management: “Disaster preparedness is critical because all of Uttarakhand lies either in seismic Zone IV or V. These areas are most vulnerable to strong earthquakes. Disaster Management Plans (DMPs) are critical parts of EIA Reports. They need to be carefully reviewed and approved by local communities in the probable zone of influence.”

“It is necessary to establish an independent authority which may commission EIA Reports…”

CONCLUSIONS OF EB:

On Role of Dams in Uttarakhand disaster:

In Chapter 3 (p 10) chairman of EB notes, “Thus THDC’s inundation analysis results could

not be substantiated by the ground survey in Haridwar city.”

“In September 2010, to retain flood inflows in the face of water levels rising beyond the permitted FRL the (Tehri) dam authorities had to seek the permission of the Supreme Court. It led to inundation of the upstream town of Chinyalisaur and later after draw down fresh landslide zones were created around the reservoir rim.”

“Geo-chemical analysis of sediment samples taken from various locations along the river stretch in Srinagar, however, indicated a significant contribution — varying from 47% near the barrage to about 23% much further downstream (Fig. 3.19, pg 101, Main Report) — from muck eroded from muck disposal sites 6 and 9 located on the concave right bank and consequently experienced an intense current of the order of 7m/sec.

This raises a question that if there was heavy to very heavy rainfall from the glacial reaches of the Alaknanda valley, leading to numerous landslides along the banks, then why was massive damage observed only downstream of the Vishnuprayag and Srinagar HEPs? A detailed investigation is warranted in order to arrive at a scientifically viable explanation.”

“Otters appear to be nearing extinction in the Ganga, Alaknanda sub-basins.”

It is good to see that the EB has effectively rejected the critique of the WII report presented by Dr. Sabyasachi Dasgupta, HNB Garhwal University and consultant to UJVNL, following an independent review of the WII report by Prof. Brij Gopal, an eminent ecological scientist who had worked extensively on river ecosystems. Prof Brij Gopal, while finding some limitations in WII methodology, concluded: “he agreed with WII’s findings that the 24 proposed hydropower projects would impact the biodiversity of Alaknanda and Bhagirathi basins significantly. Based on his own analysis, Prof Gopal recommended that several more projects be dropped.”

SOME WEAK CONCLUSIONS:

“A ground survey of the inundation analysis carried out by THDC on the basis of which it claimed to have saved Haridwar from drowning raised doubts about the accuracy of the computer generated inundation maps. It is therefore not clear how much of Haridwar would have been affected if the Tehri dam had not been there. The problem at Haridwar, as at other towns and habitations along river banks, is that there has been wide spread encroachment and construction inside the river’s regime. Therefore it is imperative to set up river regulation zones where encroachments are forbidden. (Unscientific sand mining on river beds adds to the problem.)”

“There is some doubt about whether the Vishnuprayag project authorities were able to properly manage the opening and closing of the gates.”

Role of Dr B P Das: Dr B P Das has for close to a decade been member or vice chair or officiating chair of the Expert Appraisal Committee of MoEF on River Valley project and has in the process been involved in appraising and deciding on clearances for a no of projects and their impacts in Uttarakhand. Hence he was not likely to be in a position to take an independent view on Uttarakhand hydropower projects as there was a conflict of interest involved with respect to his earlier decisions. His biased views were also known through his article in The Hindu earlier. This got reflected in the alternate view on page 27 of chapter 3 and page 16-17 of Chapter 4 of the report authored by Dr Das. In Chapter 3 box, Dr Das’s abiding faith in the project developer could be seen. In Chapter 4 box Dr Das himself mentions that EAC has yet to take a view on WII report, but the he himself is a responsible party for EAC not having taken a view on WII report.

Role of CWC, CEA chairpersons: CWC (Central Water Commission, India’s premier technical body on water resources development under Union Ministry of Water Resources) and CEA (Central Electricity Authority, India’s premier technical body on power sector are largely known to act as lobbies for hydropower projects, in stead of the independent technical and regulatory body that they are expected to work as. In view of that, inclusion of chairperson of CWC and CEA in this committee was wrong step on the part of MoEF. We learn from a letter written by two eminent members of the committee, namely Dr Shekhar Pathak and Dr Hemant Dhyani on March 27, 2014, that indeed the chairpersons of CWC and CEA did not really participate in the way they were required to, and rather functioned in violation of the Supreme Court order.

Scanned version of last part of the letter of 27.03.2014 from Dr Shekhar Pathak and Dr Hemant Dhyani, members of EB

Role of MoEF: One had expected that the EB would take a critical view of the functioning of the MoEF around HEPs and contribution of MoEF’s failures in increasing the disaster proportions. Unfortunately we are disappointed in this. Possibly, with the committee having been appointed by MoEF and member secretary of the committee being MoEF official this was a difficult ask. However, not being able to take a critical stand on the role of MoEF (and other institutions like CWC, CEA, state environment department, state disaster management department etc) imposes a limitation on the EB report and provides a free reign to guilty party. The consequences of this became apparent when on April 28, 2014, during the Supreme Court hearing, we are told, the MoEF presented erroneous picture that there are two reports of the committee, one by 10 members(wrongly called activists) another by Vice Chair B P Das, with CWC and CEA chair persons, when at best the note from these three persons can be considered dissent note, that too in violation of SC orders. We hope the Supreme Court will take strong view of this misleading picture presented by MoEF and reprimand the responsible officials to ensure that this does not happen again.

View of the Committee working through its minutes

Minutes of the 2nd, 3rd and 4th meeting are available on the MoEF, Lucknow regional office website. Perusal of the minutes shed light of the functioning of the committee, and the biases of some specific members. Some highlights from the minutes:

THDC, Tehri and Muck Disposal Sites: Site visit reports of various members, including Dr. Amit Gupta, Dy Director of MoEF presented that THDC is managing active and non active muck disposal sites ‘poorly’. The sites do not have proper retaining wall, slop or plantations.

THDC hid drift tunnel of Koteshwar dam: Member Hemant Dhyani exposed that THDC officials did not accept the presence of a huge drift tunnel of Koteshwar Project near Payal Gaon, which was suffering from severe subsidence. Only when the local people, including the tunnel construction workers insisted that there is a tunnel that the THDC officials accept this fact!

In the 3rd meeting, the Chief Secretary of Uttarakhand told the committee that projects with EC or FC should not be closed or stopped. Note here that this suggestion is unacceptable when the SC itself has asked the committee to investigate the role of projects in the flood damages.

To top this, Additional Chief Secretary unilaterally asserted that HEP did not have any role in the mishap. He emphasised every Environmental CLearance needs an EIA. This indicates his poor knowledge about the quality of EIAs which has been accepted by most experts.

He further stressed that a umber of FC cases were peding before the MoEF. Moef official YK Singh Chauhan rebutted this claim.

In the 4th Meeting, Dr. B.P. Das, Co Chair of the committee categorized June event as a rare natural calamity and attributed the losses only to road construction ( Incidentally, many roads are being built for hydel projects, and do not even allow access to local communities.)

Dr. Ravi Chopra, Chairperson highlighted the poor data management of THDC. He highlighted that THDC could not provide HFL data, rainfall data, inlet level from Maneri Bhali II and outlet level sought by the committee members.

Conclusion: In spite of certain weaknesses, most of the recommendations of the committee need to be immediately implemented and till they are implemented in letter and spirit, the Supreme Court should order a status quo on any further hydropower projects. The EB headed by Dr Ravi Chopra should be congratulated for this report in spite of difficult circumstances under which the committee operated.

Þ We also hope the Supreme Court would ask MoEF to order stoppage of work on Lakhwar and Vyasi projects that has been started recently, violating the Supreme Court order in letter and spirit, and also as pointed out by the EB.

Þ The work on 24 hydropower projects that was part of explicit TOR of the committee should be ordered to stop immediately. The EB should have made this explicit recommendation, but even if they have not done that, it is implicit in its recommendation.

Þ The Supreme Court should ask MoEF to provide a time bound action plan on implementation of the various recommendations of the EB. The SC an also possibly appoint EB (minus Dr Das, CWC and CEA persons) to oversee the implementation of the action plan and continue to provide independent feedback on adequacy of such implementation.

Þ The Lessons from Uttarakhand are relevant for all Himalayan states of India from Kashmir to all the North East states and we hope Supreme Court to ask the follow up committee to ensure that these lessons are taken note of and necessary steps flowing there from are implemented in these Himalayan states. These will also provide guidance to our Himalayan neighbouring countries.

Þ The failure of environmental governance is one of the clearest stark message from this episode and we hope MoEF will put its house in order in this respect, revamping its entire environmental governance.

Himanshu Thakkar (ht.sandrp@gmail.com)

END NOTES:

[1] https://sandrp.wordpress.com/?s=Uttarakhand

[2] https://sandrp.wordpress.com/2013/12/16/uttarakhand-flood-ravage-and-the-dams-short-film-english/

[3] https://sandrp.wordpress.com/2013/07/20/uttarakhand-disaster-moef-should-suspect-clearances-to-hydropower-projects-and-institute-enquiry-in-the-role-of-heps/

[4] https://sandrp.wordpress.com/2013/08/14/uttarakhand-flood-disaster-supreme-courts-directions-on-uttarakhand-hydropower-projects/

[5] https://sandrp.wordpress.com/2013/10/20/expert-committee-following-sc-order-of-13-aug-13-on-uttarakhand-needs-full-mandate-and-trimming-down/

[6] By Dr. Hemant Dhyani, Member, EB

[7] Reuters report on this issue: http://in.reuters.com/article/2014/04/29/india-flood-idINL6N0NL0VC20140429

[8] The section “View of the Committee working through its minutes” has been put together by SANDRP colleague Parineeta Dandekar. I am also thankful to her for other useful suggestions from her.

Dams

Election manifestos of BJP, Congress and AAP: Comparative reading on Environment and natural resource management

April 7, 2014April 22, 2014 SANDRP16 Comments

Now that the Bharatiya Janta Party (BJP) has made its manifesto for the 2014 Parliamentary elections in India public on April 7, 2014, we are in a position to make a comparative reading of manifestoes of three most prominent parties in fray at national level, namely the BJP, Congress and Aam Aadmi Party (AAP). While manifestos are largely ritualistic exercises, they are also the most important documents that declare the intentions of the political outfits, besides the other statements of the party leaders and track records of the parties and their leaders. These documents need to be read both in terms of the promises that they make as also the roadmaps that the parties provide to achieve the promises.

Overall impression In that respect, the overall impression that BJP manifesto (let us begin with a comment on BJP manifesto since all the opinion polls are giving the party an edge over others, though it is well known that opinion polls are largely doctored exercises that have proved wrong so many times) gives is one of an arrogance: both in terms of the content and the timing of the document. The BJP manifesto reads more like a laundry list of feel good factors, without any roadmap as to how the party hopes to achieve the listed objectives. The fact that the party came out with manifesto even as the voting in first phase of the elections was already underway, signals that it is not bothered to tell people why they should vote for them. There is little in the track record of the party in the states it is in power for over a decade, like Gujarat, Madhya Pradesh and Chhattisgarh, to show that it is serious on these issues in these states.

Congress manifesto, also of 52 pages like that of the BJP manifesto, provides much more details about the specific issues they list, but it is not written in particularly imaginative style, nor is it making any attempt at taking care of the negativity that has been generated around its performance over the last decade. In that sense, Congress’s manifesto makes for somewhat bureaucratic and boring reading. It also lacks in providing the big picture and a big vision.

The AAP manifesto at 28 pages is more interesting as it is not written as a marketing product pamphlet. It starts with the section on Jan Lokapal, their main plank and tries to answer why people should vote for AAP. The major highlight of the whole manifesto is that the party wants to give Gram Sabhas and mohalla sabhas a decisive say in all matters at their respective levels and in overall governance. This is a major departure from other two manifestos, besides their reliance on tackling corruption & Crony Capitalism with more seriousness and convincingly than other two parties. However, while it is more elaborate than the BJP and Cong manifestos in describing how the party seeks to change the governance in India, it seems less comprehensive. Another lacuna of the AAP manifesto’s PDF file is that it is not searchable, unlike the other two manifestos.

Having taken an overall view, let us look at some specific issues that we are concerned about.

Natural Resource Management The BJP manifesto seems to have poor understanding of the scope of ‘Natural Resources’. The manifesto lists only coal, minerals and spectrum among natural resources. The most important natural resources of land, forests, rivers, water sources and biodiversity are not even listed. It seems the party is only interested in directly marketable (as in equity market) commodities that their industry friends are interested in. Interestingly, the section starts with Gandhi’s famous quote on need vs greed, but there is no reflection of this principle in what is said here.

The Congress manifesto talks about “establishment of a clearly defined policy for fair, transparent equitable and time bound development of natural resources. The Indian National Congress will immediately put in place a Special Purpose Vehicle for this.” The fact that this comes in industries section does not sound very confidence inspiring.

The AAP has a section on natural resources that does include water and forests among natural resources along with major minerals and provides Gram Sabha pivotal role, without whose consent, decisions about exploitation of such major natural resources cannot be taken. The ownership of the minor natural resources remains with the gram sabhas in AAP scheme of things.

Environmental governance The BJP section on this issue has interesting heading: “Flora, Fauna and Environment – Safeguarding Our Tomorrow”. However, the section or the rest of the document does not tell us anything how they are going to improve environment governance in India or do they even see this need. On the contrary, by stating in Industry section that it intends to “Frame the environment laws in a manner that provides no scope for confusion and will lead to speedy clearance of proposals without delay” and talking about single window and speedy clearance elsewhere, it is clear what is their understanding is and where they intend to go. This can only be disastrous for India’s environment and environmental governance.

The Congress Manifesto claimed that it intends to set up National Environment Appraisal and Monitoring Authority. However, as Supreme Court judges promptly remarked, this is actually the order of the Supreme Court and Congress had no business of putting it on their manifesto. Moreover, Congress lacks credibility on this, since, when Jairam Ramesh, as environment minister proposed this, he was actually removed and his successor did nothing to implement this. Moreover, the environment ministry under UPA II actually filed an affidavit in the Supreme Court saying that it is not possible to set up such an authority with any teeth. The appointment of Union Oil Minister Veerappa Moily as Environment Minister, forgetting about conflict of interest and the actions that Moily as been taking subsequently including pushing the disastrous Yettinahole Diversion Project to benefit his parliamentary constituency in Karnataka takes away any credibility the party may have had. It is true that National Green Tribunal is the only major contribution of UPA on this issue, but that too is largely due to Mr Ramesh as his successor ministers tried their best to scuttle the functioning of NGT.

The AAP manifesto talks about reforming “Ministry of Environment and Forests and its agencies so that they can empower and facilitate Gram Sabhas to be effective custodians and managers of their local natural resources.” This is certainly welcome. However, there are insufficient details as to how this will be achieved. Their clubbing of Ecology and Economy in one section sounds promising at one level, again how this will be implemented without allowing ecology to be subservient to economic interests is not described.

Rivers It is well known that Inter Linking of Rivers (ILR) is high on agenda of BJP and Mr Modi. However, for some unclear reasons, they have played down ILR, saying, “Inter-linking of rivers based on feasibility.” Possibly they do not want to raise the hackles prematurely. However, the Narmada Kshipra link that was recently inaugurated and the track record of the BJP in Madhya Pradesh and elsewhere seems to suggest that BJP state governments are working at cross purposes with the national ILR plan.

The BJP manifesto says, “BJP commits to ensure the cleanliness, purity and uninterrupted flow of the Ganga on priority”, but this is not helpful, since no roadmap is given how this will be achieved. Moreover, this intentionally ignores the three biggest threats that the Ganga and other rivers face: The dams & hydropower projects, the urban & industrial pollution & encroachment. The BJP manifesto is silent on all these three threats to the river. Even on the issue of River Pollution, the only thing the party manifesto condescends to inform the readers is that “a massive ‘Clean Rivers Programme’ will be launched across the country driven by people’s participation.” No details again. Even on the issue of seemingly unsolvable urban water pollution, the only solution party can offer is more sewage treatment plants, choosing to ignore that the existing STPs are non functional most of the places. Interestingly, BJP manifesto has a section on North East India (unlike the other two manifestos) and mentions the flood problem of Assam and promises tackling the river, but without any details as to how.

It is worth noting in this context that when BJP’s PM candidate Mr Modi visited North East India in general and Arunachal Pradesh in particular he did not mention ILR or large hydropower projects in that region, knowing that local sentiments are totally against them. However, Mr Modi, while proposing his national energy plan in Madhya Pradesh in March 2014, said that North East India is heaven for hydropower projects! The manifesto again is expectedly silent on this issue!

The Congress manifesto says that “The National Ganga River Basin Authority has begun the ambitious task of cleaning the Ganga River. We will use similar models of creating empowered, well-funded agencies to clean other major rivers in the country”. Now this sounds mindless and incredible! NGRBA, five years after it was notified, has been the most ineffective, non transparent institution that has achieved no change in the state of the river. How can such an institution be used as a model for other rivers? The authors of the Congress manifesto seem completely ill informed on this score.

The AAP manifesto seems to have nothing on Rivers: a major omission of the manifesto.

Water The BJP manifesto promises piped water supply to all households! Irrespective of if all households need it or not or is it feasible or appropriate or not. The BJP manifesto claims that there will be 50% gap between demand and supply of water in India by 2050. This is totally off the mark, according to Govt of India’s National Commission for Integrated Water Resources Development, country’s water requirement will match the available resources in 2050, even considering high growth trajectory, we are going far below that level currently. The BJP manifesto writers seem to have no clue about the realities, or they are just trying to push greater market for water companies. There is one promise in this regard that is welcome: “We will promote decentralized, demand-driven, community-managed water resource management, water supply and environmental sanitation.” However, how they will promote this is not given. Moreover, this promise remains unconvincing considering they also talk about river linking.

The Congress manifesto talks about adding 1 crore ha in gross irrigated area in 12^th Plan, two years of which are already over! It clearly looks impossible, but more importantly, it does not say how they will achieve it. Both Congress and BJP manifestoes talk about water conserving irrigation techniques, which is actually seems to be scam ridden and affected by crony capitalism. Congress manifesto also talks about increasing irrigation efficiency and water use efficiency in general, but without any roadmap. More worryingly, the UPA government has pushed the proposal to allow Jain Irrigation (the biggest private supplied of drop and sprinkler systems) to set up the National Bureau of Water Efficiency! Crony capitalism?

The AAP manifesto talks about giving priority to watershed development to reduce pressure on big irrigation projects, but fails to take an informed and prudent stand on performance of big irrigation projects. This is certainly a major let down of AAP manifesto.

Urban Water Issues There is nothing noteworthy in BJP manifesto in this regard, even as it plans to prioritise Urban Development. It has no clue about how to tackle Urban Wastewater as it only talks about more STPs when existing STPs are not working, including in Modi’s Gujarat.

The Congress manifesto talks about continuing the problematic Jawaharlal Nehru Urban Renewal Mission under which over Rs 70000/- crores have been spent, mostly on Urban water issues, without any attempt at democratic governance, local water options, demand side management or recycle and reuse of treated sewage. This is creating havoc on surrounding areas with displacement of tribals, destruction of forests and pushing unjustifiable dams. But it seems Congress is least bothered about it. The problem is so acute that some 18000 people in Thane to be displaced by Kalu dam meant for Mumbai have decided to boycott the polls, since the dam is being taken up without any clearances and when all the gram sabhas have passed resolutions against it. The writing is clearly on the walls for the Congress.

The only positive aspect in this regard in AAP manifesto is the proposed empowerment of Mohalla Sabhas. Let us hope they are able to show how this will work.

Climate Change It is interesting to see that Climate Change is an issue recognised by BJP and Congress manifestos, but what they say there is disappointing in both cases. BJP manifesto talks about launching a National Mission on Himalayan Ecosystem, but there is already one existing, which is supposed to be under implementation for some years, but no one seems to know what it is doing! BJP Manifesto also talks about program devised to arrest melting of Himalayan glaciers, sounds strange, since no such program is known.

The Congress manifesto promises of continued implementation of National Action Plan on Climate Change when the plan and its mission stand discredited, along with the Prime Minister’s Council on Climate Change. These are the things that make the Congress manifesto sound so bureaucratic.

AAP manifesto seems silent on climate change.

Renewable Energy It is welcome to note that BJP manifesto talks about promoting small hydro with local support and without displacement. However, it is not welcome that there is no mention of big hydro and big dams. Their promise to push infrastructure development in Arunachal Pradesh without any mention of participatory decision making with the local communities is likely to raise suspicion that this is for pushing big hydro there. The manifesto is also silent about promoting household level solar power projects.

The Congress manifesto is also silent on promoting household level solar power projects. It talks about giving new thrust to small hydro under new and renewable energy sources, but these projects need social and environmental impact assessment, the manifesto is silent on this.

The AAP manifesto is the only one that does talk about pushing decentralized renewable energy plants, which is welcome.

Tribal Development The scary part in BJP manifesto in this regard is that tribal development in India will be pushed on the lines of what has been achieved in Gujarat, Madhya Pradesh and Chhattisgarh! If this is the tribal development model for tribals in other areas, tribals all over India need to be very wary of this party.

The Congress manifesto says: “We will ensure the stringent implementation of PESA, 1996 and the Forest Rights Act, 2006 to ensure that Scheduled Tribes are empowered and brought into the mainstream.” Sounds good, but the trouble is what has Congress governments both at centre and states done? Nothing about PESA and very little to implement FRA in letter and spirit.

In that respect AAP manifesto does make such commitment and this is most welcome. This is possibly the only useful thing for tribals among all three manifestos, in addition to the fact that AAP provides separate section for Tribals, for Scheduled castes and also for Valmikis, unlike the BJP and Congress manifestos basically clubbing all under one head.

In conclusion It is apt that the last page of the BJP manifesto says “Time for Modi” and not for BJP! The Congress manifesto on last page shows Rahul Gandhi sitting with urban youth. This appeal will have limited catchment. The last page of AAP manifesto asks voters in Hindi to vote for the honest party.

Let us hope the voters everywhere will do that.

Himanshu Thakkar, ht.sandrp@gmail.com

This blog also hosted at: http://www.write2kill.in/himanshu-thakkar/election-manifestos-of-bjp-congress-and-aap-comparative-reading-on-environment.html

and at: http://indiatogether.org/comparing-manifestos-of-national-parties-environment.

END NOTES:

1. BJP Manifesto: http://www.bjp.org/images/pdf_2014/full_manifesto_english_07.04.2014.pdf

2. Congress Manifesto: http://inc.in/media/pdf/English_Manifesto_for_Web.pdf

3. AAP manifesto: https://app.box.com/s/q9k6f7e21265olkpxrzq

4. Some articles on Congress, AAP manifestos: http://www.thethirdpole.net/new-indian-party-integrates-economy-and-ecology-in-manifesto/,

http://www.thethirdpole.net/indias-congress-party-releases-poll-manifesto-green-promises-remain-unfulfilled/,

http://www.thethirdpole.net/environmentalists-attack-catch-all-bjp-manifesto/,

http://www.thethirdpole.net/little-space-for-environment-in-indian-elections/

5. A related article: https://sandrp.wordpress.com/2014/04/04/why-is-media-missing-the-real-gujarat-story-gujarat-satya-samachar/

6. http://www.indiawaterportal.org/articles/elections-manifesto-2014-water-policy

7. http://www.theguardian.com/commentisfree/2014/mar/22/water-decide-indian-elections-aam-admi

8. Great to see hydropower projects become election issue in Sikkim: http://www.firstpost.com/politics/in-sikkim-environmental-issue-get-top-priority-1470713.html

9. http://prernabindra.com/2014/04/09/little-space-for-conservation-in-the-election-manifestos/

10. EPW editorial: “The absence of any engagement with climate change in the planet’s biggest elections is shocking” http://www.epw.in/system/files/pdf/2014_49/15/King_Canutes_Land.pdf

11. Quotes SANDRP http://www.thehindubusinessline.com/news/politics/green-agenda-gets-the-grand-shove/article5897143.ece?homepage=true

12. http://indiatogether.org/comparison-of-congress-bjp-aap-manifestos-government

Sikkim

Mockery of ESAs in Sikkim: When Governments Collude to Violate Laws

February 26, 2014February 26, 2014 SANDRP2 Comments

In a clever move initiated by the MOEF and assisted by Arunachal Pradesh Government, aimed at bypassing the need of the compulsory clearance from the National Board of Wildlife (NBWL), the Environment Ministry has slashed the protective zone around the hill State’s national parks and sanctuaries from the existing 10 km radius to an insignificant 25-meters in most cases (200 mts is for a very small stretch of Khanchengdzonga National Park).

This shocking move underlines Union Minister Veerappa Moily’s penchant for hydropower projects as he has chosen to override the report of the National Board of Wildlife, a constituent of the MOEF, in a bid to let at least six hydropower projects operating in Sikkim in gross violation of the NBWL clearance and orders of the Hon’ble Supreme Court of India. In October 2013, SANDRP’s published a blog titled “Hydro Power Projects Violating SC order in the Greenest State of India” on the report by NBWL members and its significance.

The notification has drawn tremendous ire of environmentalists and social activists from Sikkim, opposing major dams. “We have been demanding earmarking of the ‘eco-sensitive zone’ up to 10 kilometers radius from the protected areas under Supreme Court order, if the government itself ridicules NBWL’s warning report, manipulates its own laws, what can a citizen of democratic India say?”, said Tseten Tashi Bhutia, convener Sikkim Bhutia Lepcha Apex Committee (SIBLAC), which is fighting a legal battle against the Tashiding project in Sikkim High Court.“We strongly protest this notification of the MOEF and would respond officially as per the protocol, they can’t bulldoze their vested interest, damaging our fragile environment. Already a lot of damage has been done, we might take appropriate legal recourse after consultations, if the notification is not altered or withdrawn”, added Bhutia, speaking exclusively to this correspondent.

Projects within 10 kms boundary of Protected Areas in Sikkim From NBWL SC Members Report

SIBLAC along with another apolitical group Save Sikkim on September 28th, 2013 filed FIRs against Shiga Energy Private Ltd, developer of the 97 MW Tashiding hydro power project for alleged cheating, distortion of facts and violation of environmental norms and the SC order. This is in addition to an ongoing PIL at the Sikkim High Court. The proposed site is about 5 Km away from the buffer zone of the Khangchendzonga Biosphere Reserve, the project also falls within 10 Kms from the Fambongla Wildlife Sanctuary, as such; NBWL clearance needs to be obtained.

Several attempts by this correspondent, to contact the PCCF –cum-Secretary of the Forest and Wildlife Department of Sikkim Mr. Arvind Kumar to get the Sikkim government‘s official version on the controversy, remained unanswered. Under the orders of the Supreme Court(in the Goa foundation case of 2006), any project falling within 10 km radius of a national park or a wildlife sanctuary has to be endorsed by the standing committee of the NBWL unless a different site-specific protection ring is declared for each of these national parks and sanctuaries.

The members of the standing committee of the board had earlier submitted a report in August 2013, to the Ministry warning that at least six dams in the State were coming up without the mandatory clearance and Sikkim faced a Goa-like situation with rampant and illegal development of these dams likely to cause devastation just as unlawful mining had done in the coastal State.

Construction of the Teesta III project at Chungthang on the edge of Khangchendzonga National Park proceeding without SC-NBWL clearances. Note the extensive forest cover and large landslides at the construction site. From: SC NBWL Members Report — Construction of the Teesta III project at Chungthang on the edge of
Khangchendzonga National Park proceeding without SC-NBWL clearances. Note the
extensive forest cover and large landslides at the construction site. From: SC NBWL Members Report

The report had said that the proposed Teesta V, and the ongoing Teesta III, DikChu, Panan, and the Tashiding hydroelectric projects were coming up without the statutory NBWL clearance.

Other hydropower projects of Sikkim that are being considered by the MoEF for clearances, and are operating in abeyance of the NBWL clearance, and are also close to the protected areas include: 63 MW Rolep HEP on Rangpo river in East Sikkim (5-6 km from Pangolakha and Kyongnosla WLS), 126 MW Ralong HEP (4.05 km from Kangchendzonga Biosphere Reserve and 1.8 km from Maenam Wildlife Sanctuary), 96 MW Chakung Chu HEP in North Sikkim (1.8 km from Kangchendzonga Biosphere Reserve), 71 MW Sada Mangder, 40 MW Suntaley Tar HEP, within 10 kms from Pangolakha Sanctuary) and 60 MW Rangit III.

Shockingly, the Ministry has now come up with a way to bypass the wildlife board by sticking to the apex court orders merely technically but not in real terms. The court order has said the 10 km protective zone (technically called the Ecosensitive Zone) would be enforced unless the Centre and the State government notified a different perimeter based on scientific assessment. The MOEF has discreetly put out draft notification to reduce these protective zones around four sanctuaries and Sikkim’s lone national park from the existing 10 km to a negligible 25-200 metres, to be effective from April 2014.

Protests against dams in sacred Dzongu region, which is excluded from the ESA Notifications Photo: http://savedzongu.wordpress.com/background/

The ministry of environment and forest sought public opinion on this move within 60 days so that the ministry can look into suggestions and complaints, if any, relating to extent of the eco-sensitive zone during the period. The proposed ban under the order will come into force after expiry of the 60-day deadline.

“Moves like this makes one wonder as to what would become the fate of the law abiding citizens of this country; when the government elected by the people are resorting to such blatant violations of the existing laws of the land, and are circumventing them to serve vested interests, it is a shame at the least”, reacted Affected Citizens of Teesta(ACT) president Tseten Lepcha, while speaking to this correspondent exclusively. The ACT had created a stir by sitting on a relay-hunger strike during 2005-6, for over a year protesting against the onslaught of numerous hydropower projects operating in Sikkim in blatant violation of all laws. We will take up the issue officially, reiterated Lepcha.

“In a letter dated April 13th 2011, the then Sikkim additional principal chief conservator of forests- cum the chief wild life warden, Mr. N T Bhutia had written to the DG Forests MOEF, reiterating the states’s commitment to announce the 6 ESZ around sanctuaries and the lone NP in Sikkim. That it would comply with the MOEF dictated revision of the perimeter of the ESZ, as is now evident was not mentioned. An RTI query to this effect is pending with the forest department.”

Soumik Dutta (duttauni@gmail.com)

Inputs from SANDRP:
This shameful attempt at regularisation is a complete mockery of Wildlife Clearance as well as ESA zonation process. The Draft notifications do not elucidate upon any justifications behind the extent of ESA or the process through which this was arrived at. This is clearly unacceptable and will not stand legal scrutiny

This shameful regularisation indicates that the MoEF is shielding the guilty projects which have violated EPA (1986) and WPA (1972), colluding with these projects, furthering environmental and cultural destruction in Sikkim.

This is entirely shocking and unacceptable. We urge the MoEF to:
• Take back these draft notifications and take strict action against Government of Sikkim and projects which have violated SC orders
• Disclose the process through which ESA for Sikkim was arrived at.
• Disclose the justification used behind specific buffer zones around specific protected areas
• Ensure that violators of the past will in any case be penalised.

Following the SC Orders and considering that:
• Sikkim is the most species-rich state in India.
• Sikkim falls in geologically fragile and seismically active zone
• Communities of Sikkim have strong cultural and religious bonds with forests and region like Dzongu which is surrounding Khangchengdzonga BR,

MoEF should recommend that Sikkim undertakes a participatory process to identify ESA regions around PAs.
Not only should the local population have a say in area of the ESA, but also activities allowed in the PA. Unless such a participatory process is devised, Sikkim should respect SC Orders of 10 kms buffer zone of ESA around PAs.

Excerpts from NBWL member Report, August 2013:

“…based on an examination of available information on legal compliances required for the above projects in the Teesta basin, we conclude that, with the notable exception of the Teesta IV project (which has currently approached the Standing Committee of the NBWL for clearance), none of the other projects listed above appear to have sought/obtained this compulsory SC-NBWL clearance, as mandated by the Honourable Supreme Court in the Goa Foundation vs. Union of India case of December 2006.

While we are fully aware that there are many more proposed/ongoing hydroelectric projects situated within the Supreme Court mandated 10-km eco-sensitive zone of wildlife sanctuaries and national parks in Sikkim, we have not been able to ascertain whether Supreme Court stipulations in their regard are being followed, or being violated, and if latter be the case, the MoEF should take due cognizance of the same urgently.

We further recommend that the Standing Committee direct the MoEF to write to the Government of Sikkim asking them to immediately investigate and submit a detailed report listing hydroelectric projects in Sikkim that are being constructed prima facie in violation of Honourable Supreme Court’s order of 12/2006. Based on the list provided by the Government of Sikkim, if it is indeed ascertained that the projects are proceeding in violation of the said Supreme Court ruling, we further recommend that the MoEF initiate action by asking the State Government to suspend ongoing work on those projects immediately and to direct user agencies to formally seek clearance for these projects from the Standing Committee of the National Board for Wildlife.” (Emphasis added)

“Independently, we recommend that the MoEF and the Government of Sikkim thoroughly investigate the circumstances under which the seemingly widespread bypassing of Supreme Court orders in the construction of dams within the 10-km eco-sensitive zone of Sikkim has taken place, fix responsibility for the transgressions and violations, and punish the guilty.” (Emphasis added)

“Finally, we base our recommendations by drawing a parallel between hydroelectric dams in the eco-sensitive zones of Sikkim and iron ore mines in the eco-sensitive zones of Goa. The coastal state, which is just half the size of Sikkim, had heavily pivoted its economy on iron ore mines, just as Sikkim has done with hydroelectric power. The landmark Justice Shah Commission Report observed in the case of iron ore mining in Goa that, “approvals have been granted in many cases… in the eco-sensitive zones without placing the project proposals before the Standing Committee of the National Board for Wildlife (p 190)”. The report went on to say that, “all mining activities should be stopped with immediate effect including transportation of ore for all mining leases where there is no approval or clearance of the Standing Committee of the NBWL and are falling with 10 km of eco-sensitive buffer zone (p 191)” We believe that much of the Summary and Recommendations section of Justice Shah’s report (pp. 189-200) is extremely relevant to the case of the hydroelectric dams in Sikkim, and request that any committee constituted to examine hydroelectric dams in the eco-sensitive areas of Sikkim, pay close attention to this report.” (Emphasis added)

Dams

A review of the water sector in India in 2013: Increasing signs of crisis

January 6, 2014 SANDRPLeave a comment

Year-end provides a wonderful opportunity for us to take stock of siatuations. If we look at India’s water sector, the above-average rainfall in 2013 monsoon would mean good agricultural production.

But the water sector as a whole is showing increasing signs of trouble.

Let us take few examples. The most striking crisis of 2013 was the unprecedented flood disaster in Uttarakhand in June where thousands perished. Experts and media called it a man-made disaster with a significant role played by existing and under construction hydropower projects and other unsustainable infrastructure. (SANDRPs Report) The Supreme Court order of Aug 13, 2013 directed the Union Ministry of Environment and Forests to set up a committee to look into the role played by existing and under construction hydropower projects in the disaster and also directed that no further clearance to any hydropower projects be given till further orders. This order was possibly the only hopeful sign since Uttarakhand government, other Himalayan states or the central agencies including NDMA and MoEF, seem to have learnt no lessons from the disaster.

Destroyed Vishnuprayag HEP on Alaknanda . Courtesy: Matu Jan Sangathan

Earlier in 2012-13 we saw triple crisis in Maharashtra in the form of worst drought in 40 years, worst irrigation scam in independent India and agitation against diversion of huge quantity of water from agriculture to non agriculture sector without any participatory process. In Andhra Pradesh too, a massive irrigation scam was exposed by the CAG report. In fact inequity in the distribution of costs and benefits related to water sector project lies at the heart of the bifurcation of the troubled state.

Dry Seena River in Madha in March 2013. Madha has a dense concentration of Sugar Factories. Photo: SANDRP

In Chhattisgarh and downstream Orissa, thermal power plans of massive capacities are going to impact the water situation so fundamentally that big trouble is likely to erupt there, which may impact several other sectors. Madhya Pradesh government is on a big dam building spree in all its river basins, including Narmada, Chambal and also the water scarce Bundelkhand. All of these projects are for canal irrigation when canal irrigation has failed to add any area to the total net irrigation at national level for over two decades now. We could see a new massive irrigation scam in MP in coming years, in addition to agitations and interstate disputes. Gujarat too saw a very bad drought in 2012-13, and there is increasing perception that Gujarat government is by design not building the distribution network to take the Narmada Dam waters to Kutch and Saurashtra, for whom the project was justified and built.

In North East India it is now two years since massive agitation has led to stoppage of work at ongoing 2000 MW Lower Subansiri hydropower project. This is India’s largest under construction hydropower project on which over Rs 5000 crores have been spent without putting in place basic studies or participatory decision making process. Similar fate awaits if the government goes ahead with other hydropower development projects in the region without learning lessons from this episode. During the year, Forest Advisory Committee’s rejection to grant forest clearance to 3000 MW Dibang and 1500 MW Tipaimukh projects in the region was a good sign, so is the stoppage of work at Maphithel dam in Manipur by the National Green Tribunal.

Breathtaking floodplains of the Lohit River, an important tributary of the Brahmaputra, threatened by the 1750 MW Lower Demwe Dam. Photo: Neeraj Vagholikar — Breathtaking floodplains of the Lohit River, an important tributary of the Brahmaputra, threatened by the 1750 MW Lower Demwe Dam.
Photo: Neeraj Vagholikar

But we have seen no sign of improvement in environment governance. The year saw the questionable appointment of former Coal Secretary as chairman of the Expert Appraisal Committee on River Valley Committee, by Union Ministry of Environment and Forest. In fact, several of the new appointees in the committee do not have any background in environmental issues. The year also began on the wrong note with the environment clearance to the 620 MW Luhri hydropower project in Himachal Pradesh, designed to destroy the last flowing stretch of SutlejRiver in the state. In April 2013, the Forest Advisory Committee took the most shocking decision of approving the completely unjustifiable Kalu dam for Mumbai Metropolitan Region, without any assessments. The same FAC had rejected the proposal one year back and the reasons for that rejections stand even today.

In Western Ghats, the decision of the Union government of dumping the Western Ghats Expert Ecology Panel Report (Gadgil Report) and instead in principle accepting the-much criticized Kasturirangan committee Report has already led to full blown crisis in Kerala and is threatening to engulf more areas. This crisis was completely avoidable if the MoEF, in stead had used last two years to encourage public education on the need for implementing the Gadgil panel recommendations.

While relatively poorer states like Rajasthan, Madhya Pradesh, Chhattisgarh and Orissa has shown big jump in agriculture growth rates in recent years, these have come at the cost of huge depletion in groundwater levels. As Vijayshankar of Samaj Pragati Sahyog said at a conference in Delhi recently, in Rajasthan, the level of groundwater development (ratio of annual groundwater draft to annual utilizable recharge) increased alarmingly from 59% in 1995 to 135% in 2009, indicating that Rajasthan is now in the overexploited category. Of the 236 blocks in Rajasthan, massive 164 (69%) were in over exploited category in 2009. In Madhya Pradesh, while the state groundwater use has moved from 48 to 56%, about 89 blocks out of total 313 (28%) are using unsafe levels of groundwater.

This fresh news of groundwater depletion in new areas is bad sign in medium and long range. “Over the last four decades, around 84 per cent of the total addition to the net irrigated area has come from groundwater. India is by far the largest and fastest growing consumer of groundwater in the world. But groundwater is being exploited beyond sustainable levels and with an estimated 30 million groundwater structures in play, India may be hurtling towards a serious crisis of groundwater over-extraction and quality deterioration”, said Planning Commission member Mihir Shah at a recent meeting in Delhi. 12^th Five Year Plan has started the new scheme of mapping groundwater aquifers of India, which is a useful step, but we have yet to crack the puzzle of how to regulate groundwater use to ensure its equitable and sustainable use for priority sectors.

The state of our rivers as also the reservoirs and other water infrastructure is deteriorating but our water resources establishment has shown little concern for that. The IIT consortium report on the Ganga River Basin Management Plan is due soon, but if the pathetic interim report is any sign, there is little hope there.

Ganga, completely dry downstream Bhimgouda Barrage, Haridwar Photo: Parineeta, SANDRP

The year 2012 ended with the National Water Resources Council approving the National Water Policy 2012. At the end of 2013 we have yet to see a credible plan in place for implementing the policy provisions. The year saw proposal from Union Ministry of Water Resources for a new Draft National Water Framework Law, Draft River Basin Management Bill and draft National Policy Guidelines for water sharing/ distribution amongst states. None of them have reached finality and all of them are likely to be opposed by states as an encroachment on their constitutional domain. In fact the interstate Mahadayi River conflict has reached a flashpoint with upstream Karnataka and Maharashtra starting dams in the basin without even statutory clearances from the centre or consent from downstream state of Goa.

While all this looks rather bleak, increasing agitations and informed protests all over India on water issues is certainly hopeful sign. More community groups are challenging inadequately done environmental impact assessments, cumulative impact assessments, basin studies, downstream impact assessments, concepts like eflows etc, raising very informed and pertinent questions. Most of these studies have been the monopoly of select, fraudulent EIA agencies. Critical questions indicate that these studies cannot be done excluding local communities, their knowledge and their concerns. Among other hopeful signs include some of the decisions of the National Green Tribunal on Yamuna and other rivers.

The underlying theme of these events is the increasing trend of state in India working for the interest of the corporate interests to the exclusion of people, environment and democracy. It is a challenge for us all to see how to reverse this trend.

The year 2013 also marks the end of the current term of the Union government. While there is little to hope from the two main political parties ruling the centre and the states mentioned above, perhaps the emerging political alternative in Delhi will grow and move in right direction. Let us hope for the best.

Himanshu Thakkar (https://sandrp.wordpress.com/, https://sandrp.in/)

(An edited version of this was published in January 2014 issue of Civil Society, see: http://www.civilsocietyonline.com/pages/Details.aspx?455)

Ministry of Environment and Forests

Veerappa Moily as Environment Minister??? Has the UPA leadership learnt no lessons from AAP experience?

December 21, 2013December 22, 2013 SANDRPLeave a comment

In a bizarre turn of events, as Jayanthi Natarajan resigned as Union Minister of State of Environment and Forests (Independent charge), she has been reportedly replaced by Veerappa Moily[i]. He holds Union Oil and Petroleum Ministry currently and will hold Ministry of Environment and Forests Ministry as an additional charge. Firstly there is issue of conflict of interest there, since projects from Oil and Petroleum ministry also come for environment clearances.

This choice of Veerappa Moily as the new Minister of Environment and Forests is shocking, ironical and unacceptable for many reasons. It seems the leadership of Congress and United Progressive Alliance (UPA) has learnt no lessons from its Delhi election debacle. Mr. Moily’s appointment as Petroleum Minister in place of Jaipal Reddy was widely criticized as a sop to a specific private sector oil company[ii]. While we do not want to compare Mr. Reddy as Petroleum minister with Ms. Natarajan as Environment minister, Mr. Moily’s appointment as Environment Minister seems to cater to similar lobby for hydropower projects and dams.

Let us look at just a few instances to substantiate this.

Veerappa Moily laid the foundation stone of 85 MW Mawphu Stage II Hydel Project in Meghalaya in September 2012.[iii] The project is to be developed by NEEPCO (North Eastern Electric Power Corporation Limited). Shockingly Veerappa Moily laid this foundation stone even when the project did not have any of the statutory clearances from the Environment Ministry! This only indicates his callousness towards issues related to people and environment. The project has applied for 1^st stage (Terms of Reference) Clearance only in January 2013 and that too has not been issued so far.

“Moily’s love for Hydels” Even as Hydel Power remains one of the most complex, controversial and problematic sectors with huge impacts on environment, people, downstream impacts, disaster implications, Veerappa Moily has been openly supporting Hydel power projects. He has been reported to have sent a note to the Prime Minister, pushing hydel power and Hydel Power Projects. This has been referred by the media as “Moily’s love for Hydels”.[iv]

Mr. Moily has urged the Arunachal Pradesh Chief Minister to “Fast Track” Hydel Projects, and specifically seems to favour NEEPCO and NHPC. NHPC already holds several hydel projects in Arunachal Pradesh including the 2000 MW Lower Subansiri Project which is witnessing possibly the strongest protest in the country from downstream Assam. [v]

In 2011, Veerappa Moily actually wrote to MoEF against expanding boundaries of Pushpagiri Wildlife Sanctuary in Dakshin Kannada.[vi] He wrote that people from affected regions will lose homes and livelihoods. But the region under expansion includes parts of reserved forests. Environmental groups stressed that the pressure against expansion is not coming from people but from the powerful hydel and timber lobby which is causing serious environmental and social impacts in the region.[vii]

Support for controversial Yettinhole Project Mr Moily is staunchly supporting the very controversial Netravathi Diversion project (which is now labelled as Yettinahole Diversion Project, only to mislead people) for his constituency of Chikkaballapur.[viii] He is even asking people of Dakshin Kannada not to oppose the project (he has lost elections from that area more than once). This project has fraudulently tried to escape environmental clearance from the Union Ministry of Environment and Forests. It entails 8 dams inside Western Ghats forest regions, affecting protected areas , a dam at Devaranyadurga which will submerge 1200 hectares of land including nearly 700 hecatres of forests and many villages. The proposal will cost minimum Rs. 100 Billion and is economically as well as technically unviable.[ix]

There is little doubt that Mr. Moily is an incorrect, inappropriate and unacceptable choice for the post of Union Minister of Environment and Forests. The UPA government is only committing blunders after blunders in the face of elections. We urge the UPA leadership to immediately change this decision. It would be in their own interest to do that.

parineeta.dandekar@gmail.com , SANDRP

PS: This Indian Express story seems to corroborate that the change is not for what is stated, but in favour of the Business and against the interests of the Environment and People. UPA will pay dearly for this: http://www.indianexpress.com/…/pm-wakes-up…/1210241/0

END NOTES:

[i] http://www.dnaindia.com/india/report-environment-minister-jayanthi-natarajan-resigns-m-veerappa-moily-given-additional-charge-of-environment-ministry-1938695

[ii] http://indiatoday.intoday.in/story/veerappa-moily-postpones-audit-meet-reliance-industries-cag/1/227108.html

[iii] http://www.theshillongtimes.com/2012/09/18/power-minister-lays-base-for-mawphu-hydel-project/

[iv] http://www.infraline.com/todaynews/Indias-Corporate-Affairs-Minister-M-Veerappa-Moily-Love-For-Hydro-Power-Sends-A-Note-To-The-Pm/1/10/3/06_26_2012.htm

[v] http://asian-power.com/project/news/neepco-execute-10425mw-hydel-projects-in-arubachal-pradesh

[vi] http://www.downtoearth.org.in/content/reserved-exploitation?quicktabs_1=1

[vii] http://www.conservationindia.org/news/union-minister%E2%80%99s-letter-delays-extension-of-pushpagiri-wildlife-sanctuary-notification, http://www.downtoearth.org.in/content/reserved-exploitation?quicktabs_1=1

[viii] http://www.tehelka.com/another-dam-threat-to-the-western-ghats/, http://thecanaratimes.com/epaper/index.php/archives/14280

[ix] https://sandrp.wordpress.com/2013/09/18/yettinahole-diversion-an-imprudent-rs-100-billion-proposition/

Dams

Another Hydro fraud: Two small projects on paper, one large project on site

November 30, 2013November 30, 2013 SANDRP4 Comments

24.75 MW Mouneswar + 24.75 MW Basavanna ‘Small’ Hydel Projects = One large HEP

According to the Ministry of New and Renewable Energy (MNRE), hydel projects between 2-25 MW are classified as Small Hydel Projects (SHPs). These projects are exempt from Environmental Clearance, impact assessment, public consultation or any monitoring from the Ministry of Environment and Forests (MoEF), receive subsidies from the MNRE and apply for Carbon Credits from United Nations Framework Convention on Climate Change (UNFCCC).

Though the concept of encouraging small hydel projects as sources of decentralized energy, also supplying off grid power seem welcome, the happenings on ground are vastly different. As these projects are excluded from environmental governance, there are several examples of fraudulent Small Hydro projects, which exploit the lax governance mechanism to hoodwink all concerned.[i]

One such recurring fraud is showing two separate projects on paper, in order to avoid environmental scrutiny and avail subsidies meant for SHPs, while building one single big dam on site, clubbing the two projects. Projects like Perla and Shemburi by Greenco in Mangalore or Maruthi Gen projects in Sakaleshpur (http://www.dnaindia.com/bangalore/report-maruti-power-gen-s-hydel-project-an-environmental-disaster-1617237), all in Karnataka Western Ghats, are two example of this fraud.

One more case has now come to light, this one from Gulberga district in north Karnataka when I visited the project area recently. Although called by two different names, 24.75 MW Mouneswar Small Hydel Project and 24.75 MW Basavanna Hydro Project are operating from a single dam/diversion weir across the KrishnaRiver, just downstream Narayanpur Dam. As such, the project should be considered as a single 49.50 MW hydel project and should undergo immediate environmental, social and legal scrutiny and further assessment. We tried to conatct the officials of the company several times for questions related to the projects, but we got no response.

The Projects:

24.75 MW Mouneswar and 24.75 MW Basavanna SHEPs are built across river Krishna in Benchagaddi village of Shorpur taluk of Gulberga district in Karnataka.

The projects have also applied for Carbon credits under the United National Framework Convention on Climate Change (UNFCCC). Basavanna Hydro Project has been registered as a Clean Development Mechanasim (CDM) project with the UNFCCC on 28^th December 2012 and its crediting period has been fixed as 1^st March 2013 to 28^th February 2023[ii]. 24.75 MW Mouneswar SHP has applied for registration[iii]. SANDRP has sent comments against registration of this project.[iv]

Shockingly, both projects have requested separate registrations, hiding the fact that both will be using the same dam, the same intake/power canal and the same tail race canal.

Project design documents (PDDs) submitted to United Nations Framework Convention on Climate Change Executive Board (UNFCCC – EB) mention the same coordinates as the project location:

Latitude- 16°19’52 “N

Longitude- 76°33’48” E

Figure 1. Mouneswara and Basavanna diversion weir_ Google Earth

PDDs of both the projects do not even mention the other project, clearly misleading the UNFCCC. Not only do the PDDs show same coordinates, the lengths of the intake canals are exactly the same at 2771 meters, so are the RCC conduits and penstocks, because we are talking of the same project!

Carbon Credits are supposed to be provided to projects only when they prove beyond doubt that they will be economically unfeasible without such support. However, in this case the expenses of dam, power canal, and tail race tunnel is shared and hence the costs will be lowered, the Internal Rate of Return (IRR) of the projects will be higher than what is quoted in the PDDs and they will be profitable even without additional ‘pocketable’ finance from the UNFCCC in the name of Clean Development! (IRR claimed in the PDD is 9.14% for Mouneswar SHP and 11.38% for Basvanna SHP.)

Figure 2. Common Dam/Diversion weir for Mouneswara and Basavanna HEPs. Photo- SANDRP

Same Proponent, different names

Interestingly, project proponents of both the projects are shown to be different in respective PDDs. For Mouneswar Small Hydel Project it is Lakshmi Jalavidyut Limited and that for Basavanna Hydro Project it is Krishna Hydro Energy Limited. However, the registered office of both these firms is the same! This address also belongs to Penna Cements, Hyderabad, which is a player in Mini hydel projects in Karantaka. Penna Cements and its subsidiary Pioneer Genco already operate two SHPs, each of 24.75 MW capacity across Cauvery in Karnataka.

From the ground

When SANDRP visited the project sites, the officials were hostile to any entry in the premises or even near the site.

Figure 3. Dam/Diversion weir . Photo- SANDRP

The dam/ diversion weir built by the projects is inside the KrishnaRiver bed and diverts the water through a power canal which runs approximately 3 kms downstream. The power canal takes most of the water from the river rendering the river dry in lean season.

Farmers told power canal as irrigation canal:

When I talked with the farmers in the downstream, they told me that they were under the impression that this canal is meant for irrigation, like Narayanpur Dam canals in the upstream (about 26 km). However, Benchagaddi village which is situated next to the tail race canal of the project not allowed to take even its drinking water from the canal.

There have been strong protests from the villages to this project as the diversion has dried the river bed and more than 300 irrigation pumps of villages like Bechagaddi, Hosur and Yedalabhavi used for irrigating paddy are now useless. Karanataka Bhagya Jal Nigam had also taken serious exception to the projects and had ordered a stop work notice.[v] (It subsequently issued an NOC, without providing any resolution to the issues raised by it earlier.)

The Benchagaddi village which is right next to the power canal experiences power cuts lasting 18-20 hours daily. Around 40 farmers from this village lost their lands for the canal. Rates of compensation given were Rs 25-85 thousand per acre.

Shockingly fraudulent Local Stakeholder Consultations!

The projects have claimed to have organised ‘Local Stakeholder Consultations’ about the CDM mechanism, which is mandatory when applying for CDM credits. PDD claims that Mouneswar project organised stakeholder consultations on 21^st December 2011 and Basavanna project organized it on 26^th September 2011.

Now see this, both PDDs mentions exactly the same people asking exactly the same questions with exactly the same answers being given!! It is absolutely clear that these meetings and these reports are fake. Amazingly, UNFCCC could not see through this clear fraud.

Local Development through Small Hydels?

As per the villagers, affected families were promised a job in the power plant although none of them received any jobs there. Even the JCB and truck operators are from other states. Security guards too aren’t from the same village.

Figure 4. Area submerged upstream of the dam or diversion weir — Figure 4. Submergence area in the upstream of the weir

Figure 5. Tail canal near Benchigaddi village and the construction work of power house (Source: Google Earth) — Figure 5. Tail race canal near Benchigaddi village and the construction work of power house (Source: Google Earth)

Unaddressed impacts of Submergence:

In Geddamari village near the diversion weir, around 15-20 families lost their lands for construction of the dam. Bill collector (Talathi) of the village told SANDRP that around 50 acres of land was SUBMERGED due to dam (diversion weir) construction. He further added that farmers whose lands were submerged, have not received the compensation as yet. They have been talking with the company and have been verbally promised some compensation, though nothing on paper. Problems in this village too are like Benchagaddi village. Limited drinking water, disturbed power supply etc.

Figure 6. Power houses near benchagaddi village. Photo- SANDRP — Figure 6. Power houses near Benchagaddi village. Photo- SANDRP

Applicable for Environmental Clearance:

As the projects use a single dam and are a single project of 49.50 MW and they qualify for a full environmental clearance process, including an EIA, public hearing, and Environmental appraisal by the state or central EAC and an Environmental Management Plan. However, the projects have illegally escaped all this.

Executive Engineer of Krishna Bhagya Jal Nigam (KBJN) – controlling state authority in case of Krishna River- confirmed, “Both the projects are operating using the same weir .The power houses of two projects are housed behind the same diversion weir. There are three 8.25 MW turbines for each of the projects situated downstream of the same diversion weir.”

According to the Executive Engineer, KBJN has granted NOCs to both the projects and that both of them being fully operational for last 6-8 months. When SANDRP visited the project site, the HEPs were found to be fully operational.

Conclusion:

24.75 MW Mouneswara and 24.75 Basvanna Projects are operating from the same diversion weir, use the same intake canal and same tail race. They are in fact one single project which has fraudulently shown itself as two separate projects. The proponent and the consultants have hidden this fact from the UNFCCC, the MoEF, the MNRE, KREDL, State Pollution Control Board and State Environmental Department. The Local Stakeholder Reports of the projects are a sham. Submergence impacts are still unaddressed.

These issues need to be addressed urgently by all concerned including the MoEF, the Karnataka Government, UNFCCC, MNRE and KREDL. Such frauds are giving a bad name to the all these institutes.

-Damodar Pujari (damodar.sandrp@gmail.com) with inputs from Parineeta Dandekar

[i] https://sandrp.wordpress.com/2013/11/11/address-impacts-of-small-hydel-projects/

https://sandrp.wordpress.com/2013/10/28/small-hydro-mnre-and-environmental-impacts-neros-fiddle-playing/

[ii] http://cdm.unfccc.int/Projects/DB/DNV-CUK1356548201.55/view

[iii] http://cdm.unfccc.int/Projects/Validation/DB/S6CDH9IHF91MFASXCNDMT7B03TKH63/view.html

[iv]http://cdm.unfccc.int/filestorage/h/x/P7ZO6FLO1DV6CZMQP3W4VCWWSIC6WA.pdf/Comment%20submitted%20by%20SANDRP.pdf?t=ZHJ8bXgwZ2ZnfDCDQKkWNzN4ov9Pgk9T4QL5

[v] http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/article2294574.ece

Ministry of Environment and Forests

Eflows in India: Groping in Darkness

November 12, 2013 SANDRP2 Comments

Eflows in India: Groping in Darkness

– Dr. Latha Anantha

It is becoming increasingly evident that ‘rivers’ do not figure anywhere in the entire e flows discourse and assessments going on at Government level in India. We have so many different types of e-flows assessments being tried out.

Multiple agencies, but where are the flows? At least 69 hydro power projects are in various stages of development in Alaknanda – Bhagirathi sub basins of the Ganga (as per IMG records). Four different e-flow regimes based on different approaches have been put forward by the four different agencies. While AHEC (Alternate Hydro Electricity Centre) has used Mean Annual Flows (MAF), WII (Wildlife Institute of India) has resorted to Mean Seasonal Runoff (MSR) for different seasons based on the needs of the fishes. CWC (Central Water Commission) has resorted to ad-hoc e flows of 20 % of daily flows. IMG (Inter-Ministerial Group) has come out with its own recommendation of percentage of daily inflows for different seasons going upto 50 % for winter season from December – March where winter flows are very low.

The beautiful Nyamjangchu River, Tawang, Arunachal Pradesh, now threatened by the 780 MW Nyamjangchu Hydel Project and very low eflows recommendation Photo courtesy: Tenzing Rab Monpa

While admitting that Building Block Methodology (BBM) is the most comprehensive holistic methodology, IMG report claims (without basis) that since it is time consuming and since it has not been tried out in any large river basin, interim e-flows recommendations be done so that hydro power development is not held up for want of environmental decisions. Mind you, this is the case with all the rivers where hydro power projects are being planned. While many of the project developers and EIA agencies claim that they follow BBM methodology, it is evident that none of these fulfill the requirements of a comprehensive BBM methodology. So who cares about the rivers here?

NIH workshop on Oct 2-3, 2013 without MoEF! The National Workshop on Environmental flows organized by the National Institute of Hydrology (NIH), Roorkee along with UK based Centre for Ecology and Hydrology (CEH) during 2-3 Oct 2013 only reinforced my conviction that what is going on in the name of e flows assessment is indeed not for any goodwill for the rivers. The workshop was conspicuous by the absence of MoEF officials whose main mandate is protecting river ecosystems and life in rivers. Were they not invited or did they decide not to participate? It was mostly dominated by technical persons and organisations who believe that rivers are for the exploitation by humans alone mostly through mega projects. The workshop agenda was set on the oft repeated dictum that e flows should be integrated into water resources development, without any will for such integration.

E-flows are for rivers In India e flows is just a formality to fulfill the requirements of the environmental clearance process. Ironically, resource persons from countries outside India with ample experience on e flows assessment pointed out that the intention was to find ways to ‘limit’ or mitigate the impacts of development. If the agenda had been set with the intention that e flows should be part of river conservation and not just to fulfill the development agenda then we would have some hope for rivers.

Developers don’t want any e-flows Project developers are clearly unhappy with even the meager allocation in the name of e flows. The dam builders like the NHPC, Uttaranchal Jal Vidyut Nigam Ltd. and Tehri Hydro Power Corporation claimed that they are actually releasing more water than they are ‘asked to’! This is indeed ridiculous. Even what they are ‘asked to’ release does not amount to e-flows and is not based on any comprehensive assessment or community validation! And there is clear evidence that they are not releasing even that (e.g. NHPC’s Teesta V or Tehri). Then where does the question of reducing e-flows allocation below dams arise? They even went to the extent of recommending that in those rivers where tributaries join the dry stretch below the dam, can’t e flows allocation be reduced and can’t the tributary contribution added as e flows? Can’t e flow releases be used for power generation by installing dam toe power houses? For them e flows is mere ‘cumecs’ (Cubic meters per second) of water to be released and nor do they understand that each tributary and the main stem of the river have their own ecological niches & functions; and social and cultural dependencies which are linked to the flows in each of these.

Dhauliganga before the disaster, with zero water flow downstream from the dam, killing a perennial river. Source: Author — Dhauliganga before the June 2013 disaster, with zero water flow downstream from the dam, killing a perennial river. Source: Emmanuel Theophilus

The presentations made by NIH Roorkee, CIFRI (Central Inland Fisheries Research Institute), GBPIHED (GP Pant Institute of Himalayan Environment and Development) and AHEC for proposed hydro power projects in the Himalayas and the North East India revealed that none of the studies had carried out consultations with river dependent communities and did not follow the BBM principles either.

CIFRI-NIH’s flawed assessment of Teesta IV HEP e-flows Teesta IV HEP proposed in Sikkim is presently under the scanner since many groups have raised the genuine concern with the MoEF (Ministry of Environment and Forests), EAC (Expert Appraisal Committee), FAC (Forest Advisory Committee) and the NBWL (National Board of Wild Life) that if implemented it would mean the death of the last free flowing stretch of the main Teesta river. The ToR (Terms of Reference) of the study commissioned by MoEF says, “An estimation to be made for environmental flows downstream for sustenance of aquatic environment and for downstream uses, considering details of streams joining the river below the proposed dam site with their approximate distance from the dam site, their nature (whether perennial or seasonal) etc. A detailed environmental flows study shall be carried out through the premier institutions such as Central Inland Fisheries Research Institute (CIFRI), Barrackpore and National Institute of Hydrology (NIH), Roorkee for biological and hydrological components”.

The consultants took just 7.5 km length of the river from dam axis to the existing downstream project Teesta V which is immediately downstream. The study carried out in 2009- 2010 period has prescribed a minimum discharge of 10 cumecs (Cubic Meters per second) from the dam during the lean period and 40 cumecs for wet season for aquatic life is also prescribed. The ToR has two objectives namely e flows for the sustenance of aquatic environment and for downstream uses, but the sampling parameters in the presentation does not reflect the fulfillment of these objectives.

Since the Teesta V is already commissioned, the impact below the dammed and flow regulated stretch of Teesta V on the aquatic environment and downstream uses would have given useful comparisons. The study seems to have ignored the e flows for downstream uses of communities even in the 7.5 km stretch. The study though claimed to have used the BBM methodology, it is doubtful if all the relevant building blocks have been considered. The study carried out in 2009-10 does not seem to be uploaded in public domain to date.

E-flows for all projects do not make sense? Most shockingly, the chief consultant for the Ganga River Basin Management Plan now being formulated by a consortium of IITs (Indian Institutes of Technology) Dr Vinod Tare was of the opinion that all projects to release e flows does not make sense. He said it is important to seek balance and generate power as well. Now this is problematic. Let us face it that in Indian conditions we are working on e-flows under data and information deficient conditions. We are still far away from understanding a river system in its complexity along with its basin characters, eco- hydrological interactions and land use changes.

Lack of Eco-hydrological understanding Even NIH engineers and other experts agreed during discussions that we lack reliable hydrological data and have absolutely very little ecological data base on our rivers to arrive at proper recommendations for e-flows. MoEF and NGRBA (National Ganga River Basin Authority) has meanwhile accepted BBM methodology (as in the NGRBA Report; Code – 022_GBP_IIT_EFL_SOA_01_Ver 1_Dec 2011) as the most robust assessment approach to e-flows and they also say it needs to be worked upon.

The report says, ‘The BBM methodology is found to be robust with high confidence level. However, specific flow recommendations are difficult to justify at this stage, and will have to be worked out afresh. The major uncertainties centered on the hydrological and hydraulic models due to lack of availability of reliable data’. In BBM all blocks are equally important as they interact with each other. Against such a scenario, Dr Tare needs to think twice before making such statements! They can be used by dam developers to lobby for reduced or even no flows.

What about e-flows from existing dams? Another missing element from e-flows at the NIH workshop that is bothersome was the lack of interest by the experts and the various authorized institutions in allocating e flows below already dammed rivers. They say it will be a tough job and would not be possible politically. However, ultimately e-flows is a social and political choice with trade offs and negotiations inbuilt into it. Does that imply that we can leave heavily dam ravaged rivers like the Mahanadi, Krishna, Cauvery, Narmada, Tapi, Sabarmati, Godavari, Teesta, Sutlej, Ravi, Beas, Chenab, Periyar and the like to die without allowing them at least their long overdue minimum flows leave alone e flows ? It is high time the Government took interest and started engagement and studies in arriving at and allocating e flows below dammed rivers.

The same Baspa, bone dry, about 5 kms downstream Baspa Dam. Photo: SANDRP Partners

Future challenges After two days of debate and disagreements, I came out of the workshop with the following thoughts at the top of my mind.

Several institutions in this country with expertise in ecology and hydrology and with necessary infrastructure who could have made efforts to put in place comprehensive e-flows assessment process are working for dam developers and serving as experts in EIA studies giving green signals to ill conceived hydro electric projects and dams based on inadequate e-flows recommendations. The level of dilution of science and ethics this can lead to is mind-boggling and with disastrous consequences for our rivers. For example e-flows and minimum environmental flows are being used as synonyms by many institutions including CWC. An interesting and dangerous recommendation from CWC at the workshop is; ‘If feasible, a separate storage of water in the upper reaches of a river basin maybe created for environmental needs which will help in augmenting flows during lean season and satisfy the e-flows demands particularly for Himalayan rivers’. So in future all river basins with dam cascades could be recommended with e-flows reservoirs!

What about compliance, MoEF? While e-flows have become mandatory for hydro power projects in this country, it is surprising and shocking that MoEF is yet to ensure compliance and to take up comprehensive and fundamental assessment of e-flows in sample river basins on its own which is its primary mandate. It is high time MoEF develops a ToR for e-flows from its conception to implementation to monitoring. E-flows assessment presently being carried out lacks proper objectives and mostly excludes communities from its purview or assessment. There is vagueness about what constitutes downstream in e-flows assessment. Even for the e flows assessment carried out in River Ganga for the NGRBA has there been any effort to implement the same? Has the MoEF ever tried to seek inputs on e flows from outside the government organisations or from the several groups working tirelessly for conservation of rivers?

Will NIH exercise have credibility? NIH in collaboration with many institutions proposes to take up sample river basins in India and put in place eco hydrological models for e flows. The absence of MoEF and members of the Expert Appraisal Committee on River Valley Projects at this workshop organized by a MoWR institution speaks for itself how e-flows will be realized if the mandatory ministry does not take a pro active role.

Some of the gaps and challenges in e flows assessment in Indian context include: lack of reliable data, lack of understanding of eco- hydrological linkages, river aquifer interactions, pollution related aspects (how to quantify and relate to flow releases), e-flow releases for flood plains, lack of resource allocation, lack of valuation of ecosystem services and societal – cultural value of rivers, multiple institutions working against each other’s interests (MoWR vs MoEF), Peaking induced flashiness, scientific and acceptable ways to compute e-flows and lastly but most importantly, effective implementation and monitoring.

Experts from other countries pointed out that rather than numbers it is better to have distribution ranges for e flows under Indian conditions with complex dependencies. They also made an important comment that uncertainty and risk factors never get integrated into our e-flows estimations. In India land use changes are also not accounted in e flows calculations.

We have a very long way to go.

Dr. Latha Anantha (latha.anantha9@gmail.com)

SANDRPs post on NIH Eflows workshop:

https://sandrp.wordpress.com/2013/09/30/nih-roorkees-workshop-on-eflows-where-is-the-credibility/