Cauvery Water Dispute

   
Cauvery Water dispute

Delivering its verdict on the longstanding Cauvery Water dispute between Karnataka and Tamil Nadu the Supreme court ruled that Karnataka would have to release 177.25 thousand million cubic feet of water ot Tamil Nadu as against and earlier quantum of 192 thousand million cubic feet(tmcft)

·         The court also allocated an additional 4.75 tmcft to Bengaluru to meet the drinking water and domestic requirements of the global city. Thus Karnataka wil now receive 284.75 tmcft as against the 270 tmcft it gets at present.

·         The states of Kerala and Puducherry would continue to receive 30 tmcft and 7tmcft respectively.
·         Tamil Nadu receives 414.25 tmcft of water annually which include 10 tmcft an account of availability of groundwater.

·         The new water sharing scheme will be applicable for the next 15 years.
·         The central government has been directed to constitute the Cauvery Water Management board within six weeks to supervise implementation of the order.

·         The Special Bench that gave the verdict held that the Inter-State Rivers are national assets and the Constitution gave equal status to all State. Thus No one riparian Stage can claim full rights over the rivers and its water. SC said that the principle of water allocation is based on equitable apportionment and not primacy.


·         The current judgment was passed after the appeals made by Karnataka, Tamil nadu and Kerala, challenging the verdict given by the Cauvery River water Disputes Tribunal in 2007. The tribunal in this judgment in 2007 had made an annual allocation of 419 tmcft to Tamil Nadu in the entire Cauvery basin, 270 tmcfft to Karnataka, 30 tmcft to Kerala, and 7 tmcft to Puducherry.

·         The court had in December 2006 said that it was within its jurisdiction to hear appeals against the 2007 Cauvery Water Disputes Tribunal award after Centre’s argument that it was in Parliament’s hands and not in SC’s to finalize the water sharing scheme under the inter-State Water Disputes Act of 1956.

·         Also the SC did not accept Karnataka’s argument that according to Article 363, the judiciary has no power to intervene in treaties or agreements entered into before the Constitution came into existence.

Background
·         The Cauvery River originates in Karnataka’s Kodagu district, flows into Tamil Nadu and reached the Bay of Bengal at Poompuhar. Parts of three Indian states Tamil Nadu, Kerala, and Karnataka and the Union territory of Pondicherry lie in the Cauvery basin. Of its total catchment area of 81155 square kilometers, 34,273 sq. km is in Karnataka, 44,016 sq. km in Tamil Nadu and Pondicherry, and 2866 sq. km in Kerala.

·          The Cauvery wate dispute is more than 150 year old. Initially the dispute was between Karnataka and TN but later Kerala and Puducherry also entered the picture.

·         The issue dates back to 1892 when an agreement was filed between madras Presidency and Mysore for arbitration but led to a fresh set of disputes. Later. Attempts were renewed to arbitrate between the two states under supervision of government of India and second agreement was signed in 1924

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