River riparian zone protection and soil & water conservation

Akham Bonbirdhwaja Singh *

Imphal Turel (River) in Sept 2012 : Pix - Jinendra Maibam

Water security is the most important concern for human survival but it is going to be one of the items that is going to worst hit in the global warming and climate change. As we are well aware, it is also one of the best indicators of climate change and we have already started seeing signs of climate change in the form of drought, floods etc. Under climate change scenario, the rural poor and people in remote hill villages and people in urban areas both are going to be affected, but in the hills, the people are going to miss advantage of underground water.

That is why, the National Water Mission (NWM) is one of the eight core missions just like Green India Mission (GIM) under prime ministers’s National Action Plan on Climate Change (NAPCC) to mitigate and adapt to climate changes. Out of the five goals of the NWM, basin level integrated water resource management is one of them. Here, the river and riparian management shall form an important component of the national goals. With so much of pressure on water sources particularly the rivers for development activities and expansion of economic activities such as domestic, industrial, agricultural, hydro-power, thermal-power, navigation, recreation, religious activities etc. the rivers and water are greatly stressed and there is a need of pragmatic approach to this issue.

Riverbeds and riparian zones are important places. The riparian zones are the land in the vicinity of the stream, such as the bed, banks and adjacent land, as well as the floodplains. The natural width of the riparian zone can vary as the type of river. The riparian zone is highly essential for ecological functioning of the river. This zone also is of utmost importance from the point of soil and water conservation. They act as natural biofilters. This zone has natural grassy vegetation and is nature’s protection mechanism against erosion protecting aquatic environments from excessive sedimentation, polluted surface runoff and erosion.

This vegetation comes up before high flood season and protects the riverbed during flood. During flood they get destroyed in varying degrees but gets rejuvenated after the floods. A little higher up, they have tree growths. Secondly, rivers are natural drainage system. They are also water supply system for us. Disturbing them affects our drainage and water supply system. Even if the catchment in the source is okay if the river channel is disturbed, it shall not be able to transport its water properly.

But it is common practice that the river beds and river banks are used for various human activities since time immemorial. River banks have moist and fertile soils. They also have constant breeze of cool winds which make the riversides a pleasant place. The river valleys have been the seat of civilisation in the history of all the nations. But then the importance of riparian zone was not properly understood in the past. We have seen many river valley civilisations perished because they did not take care of the river, riparian zone and its catchments.

India has its specialised office for treatment of the rivers as National River Conservation Directorate (NRCD) under the Ministry of Environment & Forests. It is now implementing National River Conservation Plan covering 18 major rivers which focuses on reduction of pollution of the rivers in major cities and towns in 10 states. But this article shall be for the small rivers and streams common in this part of the country which have its unique features and problems.

Hydrology & Biodiversity

Without going in to the details, we understand that the rivers have its low flood level channel, High flood level channel, maximum flood level channel, river floodplains and riverine lakes. The floodplains and riverine lakes are important part of the hydrology and ecology, but on the other hand it is equally important for socio economy of the people. There had been a proposal to issue a River Regulation Zone notification to protect rivers from such harmful constructions in future. We have to work out and decide what should be extent of protection zone on both sides of the river.

The river bed areas, which are the flowpath of the rivers during high flood level are most part of the year vacant as it is occupied only for a month or at the most for two months always looks attractive to the real estate developers, businessmen and landless poors. Beyond that there is another zone which is a strip of land adjoining the river. This zone is where this article intend to give focus, because this zone is important not only from hydrological point of view, but also from the biodiversity point of view. Hydrologically, this zone is important because:

-This zone is rich in plant growth and has leaf litters and humus. Hence, has more water retaining powers.
-It has porous surface, small ditches which can keep water for months before its ultimate release.
-The Plants on both sides prevent silt being carried in to the channel
-The surface runoff water is filtered by the plants and organic matter and only clear water is discharged in to the stream.
-This zone also acts as sink for many water pollutants.

From biodiversity point of view, this zone is very important from many considerations. This zone touches the waterline and hence both the amphibious and aquatic flora and fauna are available. Food plants for herbivors and preys for carnivors are available and this is a place most frequented by animals. This is the most dynamic zone from evolutionary point of view and is rich in biodiversity. Maximum biodiversity is available in this zone. Floodplains contain lakes and marshes which are breeding grounds of aquatic fauna and recharge faunal population in the rivers. The riverine succession where the vegetation keeps on progressing from coloniser status to climax status is clear example of active dynamism in the ecosystem.

Limits of protection zone:

The river riparian zone and floodplains extends quite far as per topography, but under the present condition, it may not be possible to preserve the entire zone and hence, a bare minimum width of buffer needs to be found out for protection. When appropriately sized, this buffer zone can provide an effective protection. The question now shall be to find out a practical limit of this protection.

As mentioned above, riparian protection is for the health of the river itself and people who are dependent on it and there should be no question that this zone is not fully protected. Then what could be the most optimum width? In Coastal Regulation Zone (CRZ) Notification 1991 (replaced by 2011 Notification), the riparian width has been given as 200-500m. A recent Supreme Court order restricted construction within 500-1000 m radius of Ahmeda-bad lake. But for the rivers, we are yet to decide the width of this zone, hence the River Regulation Zone is not yet notified.

The rivers can be divided in to four zones, namely mountainous, high gradient, Low gradient and Plain portion for the purpose of protection and different measures can be classified for the protection, water harvesting and impounding. We have different approaches for the floodplains and larger parts of the catchments. These processes may take quite an effort at national and state level.

For the water security and soil conservation measures certain immediate actions are required and these immediate actions can be taken up in the water channel, river bed and riparian fringes. For water courses and river beds, no definition is required and these are to be protected at any cost and with proper legal provision. The problem so far has been in identification of the River Regulation Zone (RRZ) or River Riparian Zone which is likely to require more deliberation. Hence, it can be suggested that the riparian fringes can be taken up as immediate step. The width of the riparian fringes can be determined by developing a simple thumb rule.

According to European Union Water Framework Directives, the protection limit is based on good ecological status. Australia had riparian management practices as early as 1881. In Victoria State, it has been found that the grassy width of 5 m filters the nitrogenous materials and tree growth upto 30 m helps in checking erosion and subsurface transportation of nutrients. There are recommendations for width upto 60 m and 100m too. In Sweden, the average limit of riparian fringe protection is 20 m.

According to a Yale University study, the riparian buffer could be from 3 m for bank protection to 100 m for erosion checking and wildlife habitat. Hence, thumb rule can be developed, upto 10% slope, 10 m width, 20m width for 20% slope, 30m width for 30% slope so on and so forth. This could be suitable for small rivers like the ones we have in the North Eastern part of the country. For very steep areas, minimum of 60 m could be appropriate.

As pointed out above, the riparian zones are seats of human activities. In the hills, they are closely associated with the socio economy and livelihood activities. However, the area in the riparian zones are very steep and not suitable for human activities. So, they are to be used for water secutrity of the villages. This zone also is in Class VIII of land capability class mostly, which requires perennial vegetal cover and use for watershed and aesthetic purposes. So 60 m width or 100 m width could be appropriate in higher land capability classes.

Human Activities

We have various socio, cultural religious issues involved regarding human activities in the rivers of the country. Mass idol immersion, oily containing offerings submerged in rivers, cremation by river banks etc. are important major issues in the mainland and to some extent in this part of the country. Here in this article, let us confine to the mountainous rivers here particularly in the north east. Whereas, the catchment zone are affected by human activities and drivers of degradation, i.e. Fire, Grazing, Firewood Collection, deforestation etc. the riparian fringes or buffer need absolute protection.

Another issue here is fishing with blastings, poisoning etc. which leads to erosion and pollution. The fragmentation of vegetation in the riparian zone due to human settlements, constructions etc. also is a major concern for protection of rivers. This may lead to ownership issues even in the river channels. There are cases of allotment of pattas inside river channels, when there are cases of shifting of courses in the foothills.

There should be no mining and quarrying also inside the riparian zone. The sand and stone for construction activity are mostly from the rivers and river banks in this part of the country which affects the health of the river to a great extent. but as the Ministry of EF is formulating a MMCR (Minor Minerals Concession Rules), the same is not dealt with here.

The riparian zone is also a part of the catchment in the hills, but this zone needs to be treated separately. It is known fact that the catchments in the North East are heavily affected by shifting cultivation which is directly connected with the food security of the people. Secondly, another human activity which has great impact is collection of firewood which again is related to the food security of the people. So, the challenge now before us is to protect at least the riparian buffers to a minimum width and to offset the pressure of the people with better management practices in the permissible zones so that the needs of the people are met.

Legal Framework:

So far, there has not been any specific legislation in this regards at national level also. The similar issue in sea coasts have been dealt with under the Environment Protection Act, 1986. The coastal regulation zones (CRZ) are declared under Sec 3 (1) and 3 (2)(v) of the said Act. The Water Pollution Act, 1974 has provisions for safeguarding the rivers from pollution and for setting up of Pollution Control Boards as watchdog. As per Easement Act, 1882, the surface water belongs to the state and is a state property. We have Irrigation Act in many states of the country. The Ramsar Convention also provides for safeguarding the wetlands in the contracting countries. As this zone is very rich in biodiversity and support highly endemic species due to its microclimatic effect, this zone can also come within biodiversity protection initiatives under Biodiversity Protection Act, 2002.

The constitution also has provision but in the form of fundamental rights, directive principle of states and fundamental duties of citizens. The Article 21 is on fundamental rights of right to life and liberty, which is now expanded to include environmental safety as interpreted by the Supreme Court. The Article 48A reads “State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country”. But then, State has to frame laws for the purpose. The fundamental duties as envisaged in Art. 51 A are for the citizens which call upon “(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures”. The State is also bound to implement certain principles and doctrines.

1. Precautionary Principle: The State can take up advance action to prevent pollution. This is internationally accepted principle as in Rio Summit. This principle has been upheld by the Supreme Court.

2. Polluters Pay Principle: The polluters have done the act for his own benefit and hence they should pay for whatever pollution they have created. This originated from OECD and European Union initiatives. This is now a Supreme Court laid down principle.

3. Public Trust Doctrine-Supreme Court observed that the natural resources are public property that the Government hold in trust.

Hence, it is the prerogative of the government to regulate the riparian zones for water security and safety of the rivers. The National Water Policy, 2002 recognised water as a part of a larger ecological system. The Draft National Water Policy, 2012 has provisions of framing state policies and laws for regulating water. It also provides for floods and drought management, erosion control etc. which could cover the riparian zone management too.

Conclusion:

It is not going to be easy to frame regulation and riparian limits for protection. But we have seen that during rainy days, the river is full of muddy water more than the water channel can handle, because we have barren riparian zone and excavated river beds. Right after the rainy season, we have all partially dried river beds, because the riparian zone, devoid of vegetation does not preserve any more water.

So, riparian zones are equally important as the catchment and are equally important as the river course as they are part and partial of the water supply system. We can start with by protecting the actual riverbeds and riparian fringes so that the carrying capacity of the river is not diminished and the dynamics of biodiversity is not disturbed.

The encroachments inside the river channels and river beds are to be checked and riparian fringes be fully protected. The actual riparian zones, which are of wider width can have protection of second degree in the manner of CRZ (Coastal Regulation Zone) and ESZ (Eco Sensitive Zone). There certain activities can be allowed with sound management practices.

We may have another law for the purpose, but otherwise also these zones can be protected under EPA (Environment Protection Act) in the manner of CRZ. Another alternative is that the Water (Pollution) Act can be amended to include these provisions. Ultimately, next to air, what human beings need most is water and hence, water security should be most important concern for all of us and that is how, National Water Mission is one of the eight missions of NAPCC.