Cauvery River Dispute| CWMA Files Report Before Supreme Court Regarding Discharge Of Water By Karnataka To Tamil Nadu

The Cauvery Water Management Authority (CWMA) in an affidavit filed on Thursday (31st August) has told the Supreme Court that it has been informed by the State of Karnataka that a total of 149898 cusec of water has been discharged at Biligundulu from 12.08.2023 to 26.08.2023. The Tamil Nadu government had approached the Supreme Court on August 14, 2023 seeking its intervention in compelling Karnataka to promptly release 24,000 cubic feet per second (cusecs) of water from its reservoirs. The objective was to secure the specified volume of water at Biligundlu on the interstate border for the remaining part of the month. On 25th August, a bench of Justice BR Gavai, Justice PS Narasimha and Justice Prashant Kumar had directed the CWMA to inform the Court on whether the State of Karnataka had complied with the Authority’s direction on discharge of water to Tamil Nadu. It was also asked to apprise the Top Court on its decision regarding discharge of water for the upcoming fortnight as well.The CMWA in its 22nd meeting held on 11th August, 2023, had decided that the State of Karnataka was to release water at the rate 10000 cusec from the Krishna Raja Sagara and Kabini reservoirs, so that the flows are realised at Biligundulu, from 12th August onwards for the next 15 days. In its affidavit, the CWMA states that in the 85th meeting of Cauvery Water Regulation Committee (CWRC) held on 28th August 2023 and in the 23rd meeting of CWMA held on 29th August 2023, the Member from Karnataka informed the authorities that water had been released as directed by CWMA. The CWMA in its affidavit has tabulated the average flow realized at Biligundulu during 12.08.2023 to 26.08.2023 showing the cumulative flow realised during the 15 day period to be 149898 cusec. The CWMA has also informed the Top Court that in its 23rd meeting held on 29th August 2023, directions were issued to Karnataka to ensure realization of flows at Biligundulu at the rate of 5000 cusec, from 29th August for the next 15 days. Background The Tamil Nadu government had filed a plea before the Supreme Court seeking its intervention in compelling Karnataka to release 24,000 cubic feet per second (cusecs) of water from its reservoirs. The request also included a plea for the Court to instruct Karnataka to guarantee the release of the designated 36.76 TMC (thousand million cubic feet) of water as outlined for September 2023 in accordance with the Cauvery Water Disputes Tribunal (CWDT)'s final decision from February 2007, which was subsequently modified by the Supreme Court in 2018.The State of Karnataka in its counter affidavit had referred to Tamil Nadu's plea as wholly 'misconceived'. In its reply to the prayers of Tamil Nadu, Karnataka had stated that Tamil Nadu's application is based on an incorrect assumption that the current water year is a normal water year and not a distressed water year. Karnataka stated that rainfall has been lesser by 25% and inflow into four reservoirs of Karnataka has been lesser by 42.5%. In this context, Karnataka has asserted Cauvery Water Disputethat the stipulated release of water shall not be applicable to this year.The Cauvery water dispute is a long standing dispute between Karnataka and Tamil Nadu and began in 1974 when Karnataka, the upper riparian State, started diverting water without Tamil Nadu's consent. The tussle reached Supreme Court after CWDT in 2007 finalised the water sharing formula. The award had come on February 5, 2007, and was gazetted by the Central government on February 19, 2013. Besides deciding on the sharing of water, the tribunal had recommended setting up a Cauvery Water Management Board and the Cauvery Water Regulation Committee.In 2018, a three-judges bench of the then Chief Justice Dipak Misra and Justices Amitava Roy and AM Khanwilkar had directed the State of Karnataka to release 177.25 TMC of water, instead of the 192 TMC, to the State of Tamil Nadu.Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary MA 3127/2018 in C.A. No. 2453/2007

Cauvery River Dispute| CWMA Files Report Before Supreme Court Regarding Discharge Of Water By Karnataka To Tamil Nadu

Sheryl Sebastian

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