T.N. to move top court as Karnataka refuses to share Cauvery water

T.N. to move top court as Karnataka refuses to share Cauvery water

Subject : Polity

Section: Constitution

Context:

The Tamil Nadu government plans to take its case to the Supreme Court after Karnataka refused to share Cauvery water during a recent Cauvery Water Management Authority (CWMA) meeting.

The initial decision to release 15,000 cusecs changed to 8,000 cusecs in the CWMA meeting.

The Cauvery Water Dispute

Background and Historical Agreements

• The dispute over Cauvery water stems from agreements made in 1892 and 1924 between the princely state of Mysore and the Madras presidency.
• The 1924 agreement was prompted by Madras’ objections to Mysore building the Krishnarajasagar dam; it allowed Madras to construct the Mettur dam.
• The agreement restricted the safe irrigable area using Cauvery waters for both states.

Changing Dynamics and Division of Waters

• The reorganization of states in 1956 altered the distribution of the Cauvery river.
• The dispute primarily revolves around the sharing of waters in the Cauvery Basin:
  • 75% allocated to Tamil Nadu and Pondicherry,
  • 23% to Karnataka,
  • Remaining share to Kerala.

Challenges Arising from Seasonal Nature

• Unlike rivers originating from permanent glaciers, the Cauvery river is dependent on monsoon rains and tributaries.
• Water flow varies significantly, leading to floods during heavy rains and drought during insufficient rain periods.
• This fluctuation triggers blame games between the states during water scarcity.

Post-Independence Tensions

• While pre-Independence disputes were resolved through arbitrations, tensions heightened after the 1956 state reorganization.
• Tamil Nadu protested Karnataka’s dam constructions, leading to escalated disputes.
• In 1974, Karnataka claimed the 1924 agreement discontinues water supply to Tamil Nadu after 50 years.

Conflicting Interests and Disagreements

• Tamil Nadu aimed to maintain the status quo of water sharing.
• Karnataka sought to utilize water based on its territory’s needs as the river originates within its borders.

Formation of Cauvery Water Disputes Tribunal (CWDT)

• In 1986, a Tamil Nadu farmer’s association appealed for the formation of a tribunal.
• In 1990, the Supreme Court instructed negotiation between the states, which ultimately failed.
• The Cauvery Water Disputes Tribunal (CWDT) was established in 1990 to adjudicate and allocate water shares.
• The participating states presented their demands to the tribunal: Karnataka, Kerala, Pondicherry, and Tamil Nadu.

CWDT Interim Award and Reactions

• In 1991, the CWDT’s interim award mandated Karnataka to ensure 205 Thousand Million Cubic feet (TMC) of water to Tamil Nadu.
• Karnataka witnessed violence and protests against the award, leading to the ordinance attempting to annul it.
• The Supreme Court upheld the award, and it was gazetted by the Indian government in 1991.
• In 1998, the Cauvery River Authority was established to monitor and implement the interim order.

Final Award by CWDT

• In 2007, after 16 years, the CWDT issued its final award.
• Based on water availability, the allocation was:
  • Tamil Nadu: 419 TMC (initial demand: 512 TMC),
  • Karnataka: 270 TMC (initial demand: 465 TMC),
  • Kerala: 30 TMC,
  • Pondicherry: 7 TMC.
• Karnataka to release 192 TMC to Tamil Nadu from its Billigundlu site, including 10 TMC for environmental purposes.
• Tamil Nadu to release 7 TMC to Pondicherry from its share.

Challenges and Reactions to Final Award

• While Tamil Nadu and Pondicherry supported the final award, Karnataka felt disadvantaged.
• Karnataka planned to file a revision petition within the stipulated 90 days for a review of the order.
• The issue of varying rainfall and its impact on water scarcity and distribution remains a challenge.

Inter-State Water Disputes Tribunal

Constitutional Provisions:

• Entry 17 of the State List deals with water i.e., water supply, irrigation, canal, drainage, embankments, water storage and hydropower.
• Entry 56 of the Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
• Article 262 of the Indian Constitution empowers the central government to set up adjudicatory tribunals for resolving disputes related to the use, distribution, and control of inter-state river waters.
  • Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.
• The Inter-State Water Disputes Act, of 1956, provides a legal framework for the resolution of such disputes through the formation of tribunals.
• River Board Act, 1956: This empowered the GoI to establish Boards for Interstate Rivers and river valleys in consultation with State Governments. To date, no river board has been created.

Tribunals Formed So Far:

Cauvery Water Disputes Tribunal (CWDT):

• Formation Year: 1990
• Participating Parties: Tamil Nadu, Karnataka, Kerala, Pondicherry (Puducherry)
• The tribunal was established to resolve the long-standing water-sharing dispute among the Cauvery Basin states.

Krishna Water Disputes Tribunal (KWDT):

• Formation Year: 1969
• Participating Parties: Maharashtra, Karnataka, Andhra Pradesh
• Constituted to address water-sharing conflicts related to the Krishna River.

Ravi and Beas Waters Tribunal:

• Formation Year: 1986
• Participating Parties: Punjab, Haryana, Rajasthan
• Established to resolve water distribution issues concerning the Ravi and Beas rivers.

Godavari Water Disputes Tribunal (GWDT):

• Formation Year: 1969
• Participating Parties: Andhra Pradesh, Karnataka, Maharashtra, Madhya Pradesh, Odisha
• Set up to resolve water-sharing disputes related to the Godavari River.

Narmada Water Disputes Tribunal (NWDT):

• Formation Year: 1969
• Participating Parties: Gujarat, Madhya Pradesh, Maharashtra, Rajasthan
• Constituted to address water distribution conflicts concerning the Narmada River.

Vansadhara Water Disputes Tribunal:

• Formation Year: 2010
• Participating Parties: Odisha, Andhra Pradesh
• Established to resolve water-sharing disputes over the Vansadhara River.

Mahadayi Water Disputes Tribunal:

• Formation Year: 2010
• Participating Parties: Karnataka, Goa, Maharashtra
• Set up to address water distribution conflicts concerning the Mahadayi (Mandovi) River.

Ravi and Beas Waters Tribunal (Reconstituted):

• Formation Year: 1987 (Reconstitution)
• Participating Parties: Punjab, Haryana, Rajasthan
• Reconstituted to reassess water-sharing issues related to the Ravi and Beas rivers.

Mapping:

Cauvery River:

Origin: Talacauvery in the Western Ghats, Karnataka.

Flowing States: Karnataka, Tamil Nadu, Kerala, Puducherry (Union Territory).

Tributaries:

• Left Bank: the Harangi, the Hemavati, the Shimsha, and the Arkavati.
• Right Bank: Lakshmantirtha, the Kabbani, the Suvarnavati, the Bhavani, the Noyil, and the Amaravati joins from the right.