Introduction

“The environment is where we all meet; where all have a mutual interest; it is the one thing all of us share”. This noble saying suits for nowadays and what is required is to make sure that the environment is admittedly sharing each other mutually. The environment is fundamental for the survival of every creature in this world and everybody has a right to environment which comprises with other bundle of rights to pure water, air, soil, minerals, land etc.

Though all the aforesaid rights have not been directly recognized by a written law, it is the common consensus of the society to accepts the environment as a human right. However, water is fundamental for our existence, among all the other things that are provided by the environment. Inasmuch, 2010, the General Assembly of the United Nations adopted the resolution, which recognizes “the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.”

However, the government of Sri Lanka yet not put a sufficient weight on these issues related to Water Resources Management (WRM). Thus, it has become a serious environmental issue which initiate a debatable question within the society. The study basically focuses on the laws that have been enacted and implementation regarding the above-mentioned issue. Further the study objectifies to evaluate the adequacy of currents laws, analysis of its enforceability process through empirical data and to propose some of the recommendations for the disbursement of the issue.

Poor Water Resources Management and its Impact on Accessibility to Safe Drinking Water.

There are 103 distinct natural river basins and over 90 small coastal basins in Sri Lanka. However, the issue has arisen with the quantity, quality and access to safe and sufficient water as it has started to worsen the situation due to increasing human activities and poor WRM within Sri Lanka. Obtainability of pure water for drinking is a significant problem in many parts of the country. Because the Surface and inland waters in urban areas are polluted heavily with domestic sewage and industrial effluents, and in rural areas with agricultural runoff.

As per the progress reports in 2017 of the national Water Supply and Drainage Board of Sri Lanka, people those who are getting the piped water supply is 48% and others have access to water by dug wells, hand pumps, tube wells etc. More than a half of the people within the country, have to have use the unclean water, directly from the water resources, without any protection or monitoring.

Moreover 11.5% people has no access to safe drinking water at all. Since most of the water resources have been excessively polluted by industrial activities and through agricultural waste and fertilizers, the people those who get the water directly from the water resources have been victimized from Chronic Kidney Disease, diseases of urinary system etc. 88% of water-borne illnesses stand up from unsafe water supply and inadequate sanitation and hygiene.

Data proves that, people are suffering from lack of safe drinking water which upsurge in various health issues, due to poor WRM system in Sri Lanka. WRM be held responsible for effective and efficient water use by people, both current and future. Therefore, it is the high time to discuss this issue to protect the environmental rights of the people and bring about an affluent WRM system which allow access to every single person in every corner of the country to quality and equitable quantity of safe water.

Measures Taken by the Government

Sri Lanka has more than 51 legislations and some 40 agencies dealing with water. Further, the fact that Sri Lanka has invested considerable amount in the WRM and other measures that have been taken for equitable distribution of safe water during the past 50 years shows the commitment made by the government to enhance the health and wellbeing of the people. Since the water is an environmental right of the people within the country, there are many more steps that has been taken by the government in order to establish a proper WRM within the country.

The study discusses the steps taken by the government under two broad areas, which comprises with the, laws that covers the said issue and its actual implementation. However, it is wise to say, to some extent the law covers a satisfactory amount pertaining to WRM issues, although the problem arises in its implementation due to poor political system and corrupt politicians and public officials within the country.

Laws passed since 1930, the laws pertaining to the water resources preservation have been included under numerous sectors namely soil conservation, water conservation, forest conservation land development etc. further there is no common water policy in Sri Lanka in order to control the water sources by a single administrative authority. besides there are about 50 various legislations within the country, which deals with water sources conservation.  From the beginning, government was looking for a single overarching water policy to deal with the WRM in Sri Lanka. For that government has signed some of the projects which was funded by Asian Development Bank (ADB). However not all the attempts were successful to get in to a single law or one overarching WRM policy.

However, the Constitution as the grundnorm of SriLanka confers the duty upon the government and citizen to protect and preserve the water as a part of the environment. “The State shall protect, preserve and improve the environment for the benefit of the community” constitution of the country itself provides that this duty lies with the state under Directive Principles of State Policy. Further, it is the fundamental duty of every citizen in Sri Lanka to protect nature and conserve its riches. Under that both state and every citizen shall protect the water as a part of the environment. For that, state must use proper manners to WRM and its citizen should protect water resources by obeying laws of the country. This may support to ensure the access to safe drinking water for every person within the country.

One of the earliest attempt at developing a WRM system made by the government was the establishment of the Water Resources Board in 1966, by the Water Resources Act No 29 of 1964. Hereby, the said board duty is to “conserve and sustainably utilize water resources of the country by using new technologies…” and to accommodate the citizen access to healthy life through a proper WRM. The Act clearly provides the duties of the Board is to advice the minister on the following matters of: control, regulation and development, including the conservation and utilization, of the water resources of the country; the prevention of the pollution of rivers, streams, and other watercourses; formulation of national policies relating to the control and use of the water resources of the country; the preparation of comprehensive and integrated plans for the conservation, utilization, control and development of the water resources of the country and etc.

Moreover, in 1980 National Environmental Act establishes the Central Environmental Authority, Environmental Council (members appointed by the minister), District Environmental Agency for each administrative district which are also on the aspiration of preserving the environment and deal with the its issues. Since the Act itself recognizes the water as part of the environment, their duties extend to water as well.

More than that there are policies for conserving and protecting water resources and give the safe drinking water accessibility. These strategies well described by National Policy on Protection and Conservation of Water Sources, their Catchments and Reservations in Sri Lanka which was enacted in 2014. This was one of the recent attempt taken to provide pure drinking water for every citizen in the country through decent way of WRM within the country. Withal the National Drinking Water Policy provides a framework for addressing the key issues and challenges facing the countries water supply sector in the provision of safe water supply to the people of Sri Lanka. It provides “Access to safe drinking water is a basic right with commensurate responsibilities on the recipients”.

Aforesaid are some of the legislations which deals with the WRM in Sri Lanka. Though it seems to be number of legislations cover the above discussed issues, no proper way of implementing these provisions. Therefore, the later parts focus on the implementation and the adequacy of the current legal provisions.

There are more than 40 institutions which support to a sustain WRM and accommodate equal distribution of pure water for the citizen. Withal, the prominent and vital water sector agencies are, National Water Supply & Drainage Board (NWSDB), Water Resources Board, Mahaweli Authority of Sri Lanka, Irrigation Department, Central Environmental Authority etc. These principle bodies keep proper WRM via implementing the laws and performing their duties within the legal framework stipulated by the afore discussed enactments.

More than that the Government initiated Comprehensive WRM project (CWRM) and WRM project (WRMP) in 1992 and 2001 respectively with the support of Asian Development Bank. Further government established a Water Resources Council (WRC) and a Water Resources Secretariat (WRS) in1996. Aforesaid steps taken by the government on the object of preparing water policies in order to providing every citizen safe drinking water.

More than that, The Regional Secretariat for South Asian Conference on Sanitation office was established under the Ministry of City Planning & Water Supply in 1^st of March 2016, which was objectifies with accommodating safe drinking water accessibility while promoting sanitation. This was a result of water Supply and Sanitation Improvement Project for Sri Lanka which aims to increase access to piped water services and improved sanitation in selected districts.

The NWSDB, established under an Act is mandated to engage in development, service provision and regulate quality standards of designs and water supplied to the public. For the purpose of implementing such Act they have regulated some of the basic policies that need for the country at the moment such as, National Policy for Rural Water Supply & Sanitation Sector, National Drinking Water Policy which given the support and guide the authorities in the performance of roles and functions of the institutions and will enable the respective institutions to meet their responsibilities with the paramount object to supply the people safe drinking water. It is important that these strategies are implemented as early as possible, before we are addressing a water scarcity within the country.

Even though the regulations are accessible to control most issues cognate to water, but enforcement of these regulations is lacking.  Most of the people in rural areas those who are not getting pipe born water, pointed out that they are suffering from various health issues due to lack of accessibility to safe drinking water. Further they said that, what They are experiencing nowadays is scarcity of pure water and their view is that most of the powerful companies using pure water resources as their dump site in order carry out their business factories.

Moreover, with regard to the implementation process, the system should be comprised with manners that the water resources such as ground water, surface water and water tanks made by man be protected for both current and future. However, except for pipe-borne water supply, irrigation and hydropower schemes, in general water resources in Sri Lanka are managed very poorly due to absent of a regular and congenial implementation of laws and other steps taken by the relevant authorities.

It is important to produce sufficient water conservation strategies that incorporate principles of sustainability for a feasible WRM. Because a written law is the influential hand to control this issue. Not only the law that has to be enacted but also ensure the enforcement of such law in a proper manner. Even though there are variety of laws related to WRM a national WRM policy or a single overarching WRM policy is a need with the current issues that has arisen within the society. Despite government initiates a very slow progress of legislating laws towards combating water pollution and it eliminate the peoples’ right to safe drinking water.

Lack of legal provisions to defend water rights discourages commitment of the user in the water resources protection and conservation process. The maintenance of stream flows in keeping minimum water levels for in-stream uses, minimum quality for safe water and protection of ecological uses has never been implemented in Sri Lanka and lacks a comprehensive law on that. Further no any well-defined law to redeem the water resources from hazardous human activities. Further sometimes water law is not implementing equally for all.

Since Sri Lanka lack of single water administration, which is responsible for the water resource, it is required from the law to set up strict provisions regarding that. Moreover, there is no authority currently taking veritable responsibility for water resources in Sri Lanka, while some of the relevant Departments provide limited allied services.

Furthermore, UN has recognized the water as a human right through a resolution. However, Since the constitution of Sri Lanka does not expressly recognize the right to life but rather mere its existence recognized by the judiciary Which is not stipulate a quality life but merely the existence of right to life. Therefore, access to safe drinking water is not constitutionally accepted. Therefore, people cannot go for a judicial remedy under safe drinking water as a human right, since we haven’t recognized the right to life by the constitution.

Not only that, these spring ups due to most of the decisions in WRM, have been governed by short-term economic and political thoughts which absence of long-term vision required to implement sustainable WRM. The dearth of a political desire to frame a valid policy and enforce it also made the whole process fruitless. Consequently, the responsibility for the development, apportionment and management of the freshwater resource has become ad-hoc and confusing. further there is no sufficient reliable data regarding water resources and no transparent approach in WRM. Therefore, these facts emphasize that adequacy of the current law and implementation is not in a considerable level in WRM.

It is factual that making the sustainable management of our water resources is a challenge in Sri Lanka due to numerous reasons. However, it is the high time to set up an untangle WRM mechanism for the betterment of the people, before alarming a water scarcity within the country. Withal There is an urgent need for a comprehensive legal frame work for equitable water allocation and ensure the entire public access to safe drinking water. For that government should prepare plans for integrated water resources development, management and conservation.

The role of government needs to change to ensure a more active participation of people, local institutions and, NGOs and CBOs for the legislative process in order induce participation in decision making through a transparent approach. Moreover, empower stakeholders by clarifying the decision-making process for sharing the already consumptive resources.  Further when Planning of water policies require that all the policymakers, water users and planners at all levels be actively involved in decision making, planning and implementation process.

The government is the trustee or more like the guardian of the water resources but obviously not the owner.  However, the Sri Lankan Constitution is silent on water resources and water as a fundamental right of the people. In contrast, the South African Constitution states that “Everyone has the right to have access to sufficient water” therefore it is a must to include the water right and right to life in the constitution of Sri Lanka or introduce new legislation to recognise and grant the rights of water.

Further, Government should enact a separate law for the protection and conservation of water resources and WRM. India has enacted a water Act which is a separate and comprehensive legislation that aspires to institutionalizing simultaneously the regulatory agencies for controlling water pollution.

Some of the laws have been outdated and such laws should be framed up to date and well clarified the duties and roles of the current authorities those who are involve in WRM, as the institutional roles and responsibilities remain unclear and partly overlapping.

Government should fund for more projects related to WRM, in particular, awareness campaign regarding protection and conservation of water resources and other projects such like making a National Water Resources Policy and set up a proper mechanism for WRM under a decent administration.

Conclusion

the dilemma we face as a nation is how to manage our water resources in a proper manner, by that future generations too will receive a healthy water system with the capacity to provide safe drinking water. Because the sustainable WRM would heavily impact on guaranteeing the accessibility of people to safe drinking water.

“Not a single drop of water flow in to the sea without being used for the mankind”. Our ancient kings were initiated this kind of water policies and that is why we inherit pure water resources, irrigation system and a decent WRM. However, nowadays WRM has become a critical issue due to poor implementation process of laws cognate to water and change the ruling parties of the government and no any long- term vision for WRM.

Developing issues related to water because of lack of a regulatory domain, Competition among water users and lack of obedience with pollution control regulations are threatening to water resources and it has created number of warning signals in water sector. Therefore, it is required a comprehensive water policy and legal basis for assuring safe drinking water accessibility throughout the country via setting up a sustain WRM mechanism within the country.

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