SC says it doesn’t possess expertise on Cauvery issue; seeks report from water management authority on water supply to TN

New Delhi [India]: The Supreme Court on Friday refrained from passing any order on the Tamil Nadu government’s plea on the release of Cauvery water, saying it doesn’t possess any expertise on this issue and sought a report from the Cauvery Water Management Authority (CWMA) on the quantum of release made by Karnataka.

A bench of Justices BR Gavai, PS Narasimha and Prashant Kumar Mishra asked CWMA, which is meeting on August 28, to decide release of water for the next fortnight in the Cauvery water-sharing dispute between Karnataka and Tamil Nadu.

The apex court posted the matter for hearing on Friday.

The bench said the contention of Tamil Nadu is that though the authority has passed orders, the water which is to be supplied to it is not being supplied by the state of Karnataka.

They took into note the submission of Karnataka that water earmarked by CWMA has been discharged but it takes time of three days to reach Tamil Nadu.

“We do not possess expertise on the matter. ASG informs authority is meeting on Monday to decide the discharge of water for the next fortnight. We find that it will be appropriate that CWMA submits its report on whether the directions issued for discharge of water has been complied with or not and in the meantime their next order will also be in the record,” the bench stated.

Additional Solicitor General (ASG) is requested to communicate this order to the authority and have the report submitted to us by next Friday, the bench added.

“Karnataka states that orders by authorities are adverse to the interest of Karnataka and it has filed an application for reducing the share allotted. On the contrary Tamil Nadu has sought an increase in the share. Let this be decided by the authorities. Case to be listed next Friday,” the order of the apex court stated.

Tamil Nadu government has approached the top court seeking direction to Karnataka to release 24,000 cusecs of water daily per day from the reservoirs in Karnataka.

Karnataka government on Thursday filed an affidavit opposing Tamil Nadu’s application saying that the application is based on an assumption that this year is the normal rainwater year.

The government said that Tamil Nadu’s application that Karnataka to ensure the release of 36.76 TMC (thousand million cubic feet) stipulated for September 2023 has no legal basis since the said quantity is stipulated in a normal water year and this water year, being a distressed water year so far, it is not applicable.

The application is based on an “erroneous assumption” that this year is the normal rainwater year, even though, rainfall is lesser by 25 per cent and inflow into four reservoirs in Karnataka was lesser by 42.5 per cent up to August 9 as recorded by the
Cauvery Water Management Authority, Karnataka government stated in its affidavit.

The matter has been a controversial issue between Karnataka and Tamil Nadu for decades and they have been locked in battle over the sharing of water from the Cauvery river, which is a major source of irrigation and drinking water for millions of people in the region.

The Centre formed the Cauvery Water Disputes Tribunal (CWDT) on June 2, 1990, to adjudicate disputes between Tamil Nadu, Kerala, Karnataka and Puducherry with respect to the water-sharing capacities.

In its affidavit Karnataka government said that the urgency pleaded by Tamil Nadu on the grounds of saving standing crops is wholly misreading because the permissible area of the Kuruvai rice crop which started on June 12 and goes up to the end of September requires 32.27 TMC as estimated by the Cauvery Water Disputes Tribunal which has not been modified by the Supreme Court in its Judgment in 2018.

Tamil Nadu in its fresh application sought direction to the State of Karnataka to immediately release 24,000 cubic feet per second (cusecs) from its reservoirs and ensure the availability of the specified quantity of water at Biligundlu on the inter-state border for the remainder of the month for meeting the pressing demands of the standing crops.

It also urged the top court to direct Karnataka to ensure the release of 36.76 TMC (thousand million cubic feet) stipulated for September 2023 as per the Cauvery Water Disputes Tribunal (CWDT)’s final award of February 2007 that was modified by the Supreme Court in 2018.

Tamil Nadu said Karnataka should make good the shortfall of 28.849 TMC water during the current irrigation year for the period between June 1 to July 31.

It further asked the apex court to direct the Cauvery Water Management Authority to ensure that the directions issued to Karnataka to release water to Tamil Nadu were “fully implemented and the stipulated monthly releases during the remaining period of the current water year are fully given effect to by the State of Karnataka”.

The application said that a direction was given to Karnataka on August 10 to release from its reservoirs 15,000 cusecs at Billigundulu on August 11 for 15 days.

“Unfortunately, even this quantum of water was arbitrarily reduced to 10,000 cusecs by the CWMA in its 22nd meeting held on August 11 at the instance of Karnataka.

Regretfully, even this amount of 10,000 cusecs to be ensured at Billigundulu by releasing such quantum of water from the KRS and Kabini reservoirs has not been complied with by Karnataka,” it added.

Karnataka failed to fully implement the directions for the release of the stipulated quantum of 10,000 cusecs (0.864 TMC per day) as directed by CWRC, it said.

Karnataka is duty-bound to release the Cauvery water to Tamil Nadu as per the final order passed by the Tribunal as modified by this Court, application stated.