New Delhi: A day before hearing in the Supreme Court on Tamil Nadu-Karnataka row on Cauvery river water dispute, the Karnataka government has told the apex court that Tamil Nadu cannot compel it to release water and the present crisis is created by Tamil Nadu by its unnecessary opposition to the proposal of Karnataka for the construction of Mekedatu balancing reservoir-cum-drinking water project near the inter-state border at Biligundlu
In an affidavit filed before the apex court, the Karnataka government said it is not obliged to and cannot be compelled to ensure water as per the stipulated releases prescribed for the normal year which is 9.19 tmc in June, 31.24 tmc in July, 45.95 tmc in August, 36.76 tmc in September, 20.22 tmc in October, 13.78 tmc in November, 7.35 tmc in December,2.76 tmc in January and 2.5 tmc in February to May totalling 177.25 tmc.
“On applying shortage of flows, the minimum crop water requirement of Karnataka based on three wettings instead of four wettings will be about 140 tmc. Therefore, the entire current storage plus likely inflow is not sufficient for the crops in Karnataka and for meeting the drinking water requirements of towns and villages, including the megacity of Bengaluru….”, said the affidavit.
The affidavit said that Tamil Nadu's application is wholly misconceived since it is based on an erroneous assumption that this water year is a normal water year and not a distressed water year even though, Tamil Nadu states that rainfall is lesser by 25% and inflow into four reservoirs in Karnataka were lesser by 42.5% up to August 9, 2023, as recorded by the Cauvery Water Management Authority.
The Supreme Court will hear on August 25, Tamil Nadu's application seeking fresh directions for the release of Cauvery river water from Karnataka. The Karnataka government said at the beginning of this water year, Tamil Nadu had the carryover storage of 69.777 tmc (as of 01.06.2023) and Karnataka has so far ensured 26.768 tmc as on 22.08.2023. “Therefore, the total water with Tamil Nadu should have been 96.545 tmc. However, Tamil Nadu has maintained a live storage of only 21.655 tmc (as on 22.08.2023). It has drawn 69.777 tmc excessively”, said the affidavit.
It said that the irresistible conclusion is Tamil Nadu has drawn more water for cultivating a large area of Kuruvai exceeding the limit of 1.851 lakh acres prescribed by the tribunal. “Therefore, water to the extent of 69.777 tmc has been misused by Tamil Nadu in the breach of clause-X of the final order of the Cauvery Water Disputes Tribunal”, said the affidavit.
The Karnataka government said it is also necessary to mention that the present crisis is created by Tamil Nadu by its unnecessary opposition to the proposal of Karnataka for the construction of the Mekedatu balancing reservoir-cum-drinking water project near the inter-state border at Biligundlu.
“Karnataka states that Tamil Nadu has to blame itself for failing to use an opportunity before the CWMA (Cauvery Water Management Authority). Its members, instead of presenting the case, walked out of the meeting”, said the affidavit, urging the apex court to reject the application filed by the state of Tamil Nadu for directions in the interest of justice.
Tamil Nadu, in an application, said the release of water was urgently needed to meet the demands of the standing crops. On August 21, seeking an urgent hearing in the matter, senior advocate Mukul Rohatgi, representing the Tamil Nadu government, contended before the apex court that it is an urgent matter for the release of water for August in accordance with the Cauvery Water Management Authority order and stressed that a bench needs to be constituted to hear it. Rohatgi said the last bench was headed by Justice AM Khanwilkar, who has since retired and urged the Chief Justice of India to list the matter at the earliest.
The Tamil Nadu government has sought a direction from the Karnataka government to ensure the release of water for September 2023 (36.76 TMC) as per the Cauvery Tribunal award, which was modified by the apex court in 2018.
