Direct Karnataka to release backlog of 17.604 tmcft Cauvery water: T.N. to Supreme Court
2-minute summary
Tamil Nadu has approached the Supreme Court seeking a directive for Karnataka to release a backlog of 17.604 tmcft of Cauvery water. Tamil Nadu argues that the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC) failed to factor in the accumulated shortfall and merely recommended a lower flow rate of 9,000 cusecs at the Billigundulu border. According to Tamil Nadu, the delta farmers have suffered immensely as the Kuruvai crop season is nearly over and the Mettur reservoir could not be opened for irrigation due to inadequate storage. The dispute highlights perennial friction over distress-year water sharing, adherence to pro-rata distribution formulas, and the efficacy of statutory river management bodies established under the Inter-State River Water Disputes Act, 1956.
Why it's in the news
Tamil Nadu filed a supplementary affidavit in the Supreme Court seeking immediate directions for Karnataka to clear a water release backlog of 17.604 tmcft, challenging the adequacy of the CWMA and CWRC orders.
Background and context
The Cauvery water dispute is a decades-old legal and political conflict between Tamil Nadu, Karnataka, Kerala, and Puducherry over the sharing of the river's waters. Originating in the Brahmagiri range of the Western Ghats in Karnataka, the Cauvery flows through Karnataka and Tamil Nadu before emptying into the Bay of Bengal. Historically governed by agreements in 1924 between the Madras Presidency and the Princely State of Mysore, the dispute led to the constitution of the Cauvery Water Disputes Tribunal (CWDT) in 1990 under the Inter-State River Water Disputes Act, 1956. The Tribunal gave its final award in 2007, which was modified by the Supreme Court in 2018. The Supreme Court's 2018 judgment reduced Tamil Nadu's share, increased Karnataka's share, allocated water for Bangalore's drinking needs, and directed the Union Government to frame a Cauvery Water Management Scheme, leading to the creation of the CWMA and CWRC to monitor and regulate water releases.
Constitutional provisions
- Article 262 — Empowers Parliament to provide by law for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State river or river valley.
Committees and reports
- Cauvery Water Disputes Tribunal (CWDT) — Delivered the final verdict on water allocations among the basin States, later modified by the Supreme Court in 2018.
Mains practice: Examine the institutional efficacy of the Cauvery Water Management Authority (CWMA) in resolving inter-state water disputes during distress years.
Introduction
Inter-state river water disputes, particularly over the Cauvery basin between Karnataka and Tamil Nadu, highlight the friction inherent in federal water governance. The Cauvery Water Management Authority (CWMA) and Cauvery Water Regulation Committee (CWRC) were established pursuant to the Supreme Court's 2018 judgment under Section 6A of the Inter-State River Water Disputes Act, 1956, to ensure transparent and scientific water sharing.
Body
• Institutional Mandate: The CWMA is tasked with implementing the final award as modified by the Supreme Court, regulating reservoir releases, and monitoring distress-year pro-rata sharing formulas.
• Implementation Deficits: Recent disputes, such as Tamil Nadu's grievance over accumulated backlogs during low rainfall months, reveal structural gaps where regulatory bodies often recommend ad-hoc cubic-feet flows (e.g., 9,000 cusecs) without explicitly accounting for cumulative deficits.
• Federal and Political Pressures: State governments frequently face domestic agricultural pressures, leading to non-compliance or resistance during lean seasons when storage levels at reservoirs like Mettur and Krishnarajasagara run low.
• Reliance on Judicial Intervention: Despite having technical statutory bodies, ultimate dispute resolution repeatedly defaults to Supreme Court litigation, raising questions about the autonomy and binding enforcement capabilities of the CWMA.
Conclusion
While statutory bodies like the CWMA provide an institutional framework superior to ad-hoc tribunals, their efficacy during distress years depends on depoliticized data collection, real-time telemetry systems, and cooperative federalism. Empowering these authorities with penal powers for non-compliance is essential to insulate water governance from electoral politics.
Prelims practice questions
Q1. With reference to the Cauvery Water Management Authority (CWMA), consider the following statements: 1. It was established under the provisions of the Inter-State River Water Disputes Act, 1956. 2. It functions under the administrative control of the Ministry of Jal Shakti. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: C. Statement 1 is correct: The CWMA and CWRC were established by the Central Government under Section 6A of the Inter-State River Water Disputes Act, 1956, pursuant to the Supreme Court's 2018 verdict. Statement 2 is correct: It operates under the aegis of the Union Ministry of Jal Shakti.
Q2. Which Article of the Constitution of India provides for the adjudication of disputes relating to waters of inter-State rivers or river valleys?
- Article 262
- Article 275
- Article 245
- Article 280
Answer: A. Article 262 of the Constitution empowers Parliament to enact laws providing for the adjudication of any dispute or complaint with respect to the use, distribution, or control of inter-state river waters. Parliament enacted the Inter-State River Water Disputes Act, 1956 under this article.
Q3. Billigundulu, often seen in news regarding the Cauvery water dispute, is a riverside monitoring station located near the border of which two States?
- Karnataka and Tamil Nadu
- Karnataka and Kerala
- Kerala and Tamil Nadu
- Karnataka and Andhra Pradesh
Answer: A. Billigundulu is a vital measurement and monitoring station located on the border between Karnataka and Tamil Nadu, where flows of the Cauvery River are measured to ensure compliance with stipulated release schedules.
Revision flashcards
- Which constitutional article empowers Parliament to legislate on inter-state river water disputes? Article 262 of the Constitution of India.
- Under which statutory enactment were the Cauvery Water Management Authority (CWMA) and CWRC constituted? Section 6A of the Inter-State River Water Disputes Act, 1956.
- What is the primary function of the Billigundulu monitoring station in the Cauvery dispute? To measure and verify the actual volume of water flows reaching Tamil Nadu from Karnataka.
- Which ministry oversees the functioning of the Cauvery Water Management Authority (CWMA)? Union Ministry of Jal Shakti.
- What major agricultural season in Tamil Nadu's Cauvery Delta is typically impacted during severe water shortages? The Kuruvai and Samba crop seasons.