Declaration for the Development of Water Resources and Energy in the New Nepal, 2008

adopted at a National Consultation on the Development of Water Resources and Energy in New Nepal: Opportunities and Challenges held on 18 May 2008in Kathmandu, Nepal.

1. It is certain that the country is going to enter into federal system of governance after the election of the Constituent Assembly. The general masses are confident in the making of new Nepal at certainly. The people have vested the responsibility of making a new Nepal upon the new political forces. In this context, it has to be considered whether even the old Nepali shall remain or not if the newly emerging political forces do not utilise the resources of the state properly like those political forces and governments of the past let alone the new Nepal. But we can be assured that those new forces will not do such things as have already seen the apathy of the old political forces.
2. No significant work could be done in Nepal in the past in the field of water resources due to the wrong policies and vested interests of the governments and the Opposition sitting at leadership level. Big agreements were concluded relating to water resources by paying special attention to individual as well Indian interests than the national interests. These agreements led Nepal and the Nepalis more to disasters than benefits. They have tried to keep Nepal under the condition of new-colonialism forever by spreading the rumors that we cannot live without India. The series of national betrayals have now entered into a new phase in the field of water resources after Koshi, Gandaki and Mahakali. Due to the fear of tremendous criticisms and protests for signing agreements directly with Indian government from West Seti to Upper Karnali, Arun 3 and Budhi Gandaki projects, the governmental and non-governmental water mafia have adopted new tactics now. They have been engaged in surrendering such projects to India through public and private companies. As a result, it is creating difficult to raise voices and fight the legal cases on such agreements and contracts concluded through companies. 
3. As to date, the government has no any clear work-plan regarding hydropower needs and development. There is not even forecast and details for our future need of water and electricity. The projects planned with corruption and commissions only led to scarcity and sufferings on the Nepalis. No improvement in their living standards has taken place in real sense.
4. There has been no availability of adequate irrigation facility even though Nepal is mainly an agricultural country. The plantation is dependent on the rainfall. The output of investment in agriculture in a country of around 80% farmers is insignificant. The production is not sufficient to eat even for the farmers themselves. The modernisation and commercialisation of agricultural sector has not yet been done. No proper utilisation has been done according to our needs and priorities today even though we have over 6,000 rivers. The Neplais have been continuously flowing to foreign countries due to the lack of development and construction based on water resources and energy. There is not even a policy, plan and programme for the best utilisation of Nepal's huge water resources. Although all have accepted the fact that Nepal's main natural resource is water resources, no work has been done accordingly. The resources to be developed and utlisised under the future federal and autonomous state system are continuously being given to foreigners in the interest of water mafia. There is a need to bring in front the new concept by the new national leaders when Nepal is sensing now the new rays of hope. The prior-right of the local people must be maintained over water, forest and land in any such concepts and plans.
5. The practice of making public all natural resource-related projects should begin by applying the system of public accounting in a transparent manner.
6. Our policy positions and principles
(a) The drinking water, irrigation and electricity-related projects based on the population of Nepal, needs and priorities needed for agriculture, industry, transportation, environment and development must be surveyed, identified and implemented. The priority should be given to public, cooperative and community systems during the implementation of such projects.
(b) To priority should be given to projects that could be done under the leadership and investment of Nepal and Nepalis. Special legislation and investment trusts should be planned for the utlisation of reserved capital of Gurkha army and immigrant Nepali community for national construction.
(c) Clear policy, plan and standards should be fixed in the case of large projects requiring foreign investment.
(d) A clear policy should be in place regarding how the left-over electricity would be exported after its multiple uses by all Nepalis and where and how the income coming from it would be allocated.
(e) There should be a legal provision against the use of resources of federal states without their prior-participation and consent.
(f) The practice of distributing licenses in the name of construction of projects in rivers and streams without collective consultation and prior decisions of the local bodies and the concerned communities should immediately be stopped. The process of license distribution should be established based on new criteria by guaranteeing the interests of local communities, local bodies and the nation after the cancellation of licenses already distributed as to date under the influence of commissions and corruption. First priority should be given to local community and their cooperative organisations and companies based on the principles of community and cooperative management of natural resources while distributing licenses. There has to be a provision for the automatic cancellation of licenses of persons and companies unable to complete the projects within the fixed period of time.
(g) The rivers should be protected and properly utilised by giving priority to drinking water, irrigation and electricity as well as water transportation and other income-based water entertainments.
(h) There should be a legal provision for reaching out of 50% of the income of 12% at a minimum of the total production directly to the local affected area and the institutions. 
(i) There has to be a provision for direct shares and investment in projects with concessions while providing for adequate compensation and resettlement plan for the people affected directly and indirectly by projects.
(j) The first user rights and privileges of drinking water, electricity and irrigation produced by any project should lie on the inhabitants of the affected areas in the best concession manner.
(k) There should be a provision for the maintenance of necessary water flow for the continuing livelihood of the communities dependent on rivers and ecological balance. 
(l) The proper programme should be planned and implemented for the mitigation of environment and social impacts under local leadership with adequate budget.
(m) Priorities should be given to small and medium-size run off the rivers projects in place of the large and destructive dams and there must be a mandatory compliance with the criteria proposed by the World Commission on Dams and the fudamental provison of international law. There should also be a provision of the implementation of any projects only with the free, prior and informed consent of the local people and institutions.
(n) High priority should be given to the development of alternative energies proven to be the best such as solar power, wind power and mineral and geological power as the future of the rivers is becoming uncertain due to the melting of the Himalayas caused by environmental destruction and the rise on global temperature.
(o) The process of concluding new agreements and contracts should begin with the application of new principles and standards based on equality for national interests followed by the cancellation of unequal and anti-national agreements and contracts such as Koshi, Gandak, Mahakali, West Seti, Upper Karnali and Arun 3.
(p) There should be a provision for separate or integrated agreements also in the case of small rivers flowing towards India from Nepal for the conservation and utlilisation of all rivers in consultation with and the approval of the people of both countries. There should be provisions for the de-commissioning of destructive embankments and dam-structures constructed unilaterally in Nepal-India borders at present and the compensation must be provided from the Indian government for the people affected by artificial inundation.
(q) There has to be a compliance with national and international declarations and programmes adopted at the levels of the peoples and a separate regional framework convention must adopted for the protection Himalayan rivers, lakes and the environment.
(r) The government of Nepal must protest the unilateral implementation of the destructive Indian Inter-Linking of Rivers Project which has forcibly comibined Nepali rivers as well and its position must be made public.

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