Krishna River Water Dispute

Subject: Polity

Context: The Supreme Court on Monday suggested to Andhra Pradesh and Telangana to settle their Krishna river water dispute through mediation.

A bench headed by Chief Justice NV Ramana was hearing Andhra Pradesh’s plea alleging that Telangana has deprived it of its legitimate share of drinking and irrigation water.
In July, Andhra Pradesh government had moved the top court claiming that the Telangana government refused to follow the decisions taken by the Apex Council constituted under the Andhra Pradesh Reorganization Act, 2014, the directions of Krishna River Management Board (KRMB) formed under this Act, and the Centre’s directives.

About Krishna River Water Dispute:

Telangana and Andhra Pradesh share stretches of the Krishna and the Godavari and own their tributaries.
Both states have proposed several new projects without getting clearance from the river boards, the Central Water Commission and the Apex Council, as mandated by the Andhra Pradesh Reorganisation Act, 2014.
Andhra Pradesh alleges that Telangana has been drawing Krishna water from four projects — Jurala, Srisailam, NagarjunaSagar, and Pulichintala — for hydropower generation without approvals from the Krishna River Management Board (KRMB), an autonomous body that was set up after the bifurcation of the state, to manage and regulate the waters in the Krishna basin.
Telangana made it clear that it would not recognize Pothireddypadu project, which it alleges is being illegally constructed by the Andhra Pradesh government on Krishna river without any environmental clearances or allocation of even a drop of water to the project or any permission from the Green Tribunal.

Latest development which stirred this dispute

Telangana government ordered in late June 2021 notifying to generate hydel power up to 100% installed capacity.
The order directed the Telangana State Power Generation Corporation Limited (TSGENCO) to hence generate the hydel power up to 100% installed capacity in the State.
This resulted in the citizens of Andhra Pradesh being deprived of their legitimate share of water for drinking and irrigation purposes
The Ministry of Jal Shakti in communication with the Director (Hydel), TSGENCO, had urged the latter to stop further release of water immediately through Srisailam Left Power House and follow the water release orders issued by the KRMB, except in case of extreme grid urgency.

How is the water split between the states currently?

After the bifurcation of the erstwhile State of Andhra Pradesh in 2014 into the States of Andhra Pradesh & Telangana, arrangements were changed.
It was agreed between the two states that the 811 TMC allocation made by the KWDT-I would be apportioned in a manner wherein the State of Telangana will have 299 TMC while the State of Andhra Pradesh will get 512 TMC.
This agreement (2015 Agreement) was entered before and is monitored by KRMB.
The two states agreed to split the water share 66:34 on an ad hoc basis until the Krishna Water Disputes Tribunal-2 decided the final allocation.

Krishna River Management Board:

In exercise of the powers conferred under section 85 of the Andhra Pradesh Reorganization Act, 2014, the Central Government constituted an autonomous KRMB for
- the administration,
- regulation,
- maintenance and
- operation of such projects,

Apex Council

Section 84(1) of the ANDHRA PRADESH REORGANISATION ACT, the Central Government shall, on and from the appointed day, constitute an Apex Council for the supervision of the functioning of the Krishna River Management Board.
The Apex Council shall consist of-
- Minister of Water Resources, Government of India-Chairperson;
- Chief Minister of State of Andhra Pradesh-Member;
- Chief Minister of State of Telangana-Member.

Inter-State Water Disputes

Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
- Under this, Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
- Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
The Parliament has enacted the two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956).
- The River Boards Act provides for the establishment of river boards by the Central government for the regulation and development of inter-state river and river valleys.
- A River Board is established on the request of state governments concerned to advise them.
- The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.
- The decision of the tribunal is final and binding on the parties to the dispute.
- Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

Krishna River

The Krishna is an east-flowing river.
The Krishna River is the second biggest river in peninsular India.
Originates at Mahabaleshwar in Maharashtra and merges with the Bay of Bengal
Flows through Maharashtra, Karnataka, Telangana and Andhra Pradesh.
Together with its tributaries, it forms a vast basin that covers 33% of the total area of the four states.
The principal tributaries joining Krishna are the Ghataprabha, the Malaprabha, the Bhima, the Tungabhadra and theMusi (Hyderabad located on it).
Most of this basin comprises rolling and undulating country, except for the western border, which is formed by an unbroken line of the Western Ghats.
The important soil types found in the basin are black soils, red soils, laterite and lateritic soils, alluvium, mixed soils, red and black soils and saline and alkaline soils