The state government on Friday strongly opposed the proposed national water policy on the grounds that it would amount to encroachment on a subject in the state list and infringe on the federal structure.

Bihar is opposed to the ambitious policy aimed at addressing the scarcity of water besetting many parts of the country because of a clause in it talking about the “equitable and fair distribution of water resources”. The state government feels it is in gross violation of the objectives of the federal structure.

“On behalf of our state, I registered Bihar’s protest against the proposed policy at its meeting convened and presided over by Prime Minister Manmohan Singh on December 28, 2012 in New Delhi,” water resources minister Vijay Kumar Choudhary said while replying to the debate on the budgetary demand of his department in the Assembly. He sought the support of the members cutting across the parties on the issue.

Explaining the reason for his opposition to the water policy, Choudhary said a clause in it talking about the “equitable and fair distribution of water resources” was in gross violation of the objectives of the federal structure. “Water clearly falls in the state list on which the state has its exclusive right,” the minister said, adding that the Centre was within its right to talk only about the subjects falling in the central and concurrent lists.

“We understand that water is a natural resource not adequately available in all the geographical regions of India. But there are many other natural resources in the state list, which the Centre has not interfered with. For instance, many states have access to sea. They have abundant resource of fish and seafood. But the Centre never talked about ‘equitable and fair’ distribution of such resources,” he said.

“The Centre seldom talks about how Bihar can have access to resources available in seas and enjoyed by states adjacent to them. Then how can it talk about interfering with the water resources, which Bihar is endowed with because of its geographical location and natural reasons?” he asked. Choudhary lashed out at the Centre for its failure to use its power under the Inter-state Water Dispute Act, 1956 in settling disputes on several irrigation projects between two or more states. “Several projects involving Bihar, Jharkhand and Uttar Pradesh are hanging afire because of the Centre’s inability to invoke its power under the act.”

The minister informed the House that chief minister Nitish Kumar had also written letters to the Prime Minister opposing the “clause”.