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Supreme Court also refused to allow the request made by state of Tamil Nadu seeking release of 7200 cusecs, as opposed to the 5000 cusecs that had been ordered in its favour
The Supreme Court today refused to interfere with the Cauvery Water Management Authority (CWMA) order on directions to the State of Karnataka on releasing Cauvery water to Tamil Nadu.
A bench comprising Justices BR Gavai, PS Narasimha and Prashant Kumar Mishra opined that the CWMA and CMRC consisted of various experts in the field of water resource management they had taken into consideration the shortfall of water this year before passing said order.
Notably, the Karnataka government had filed a fresh application in the Supreme Court yesterday seeking a direction to the CWMA to reconsider its orders on release of Cauvery river water, including one related to release of 5000 cusecs made on September 18.
The application stated that this water year of 2023-24 has begun on a bad note. "The South-West monsoon which feeds the catchment in Karnataka has failed miserably. The cumulative inflows into Karnataka's four reservoirs from 01.06.2023 to 18.09.2023 are 110.875 tmc, whereas the average of last 30 years has been 238.055 tmc. Therefore, even at the reservoir level itself, which covers a part of the catchment, the shortfall is 53.42 percent. If the shortfall is considered up to the interstate border, Biligundlu, where flows are accountable, shortfall and distress would be much more than 53.42 percent," it said.
It had thus asked the court to remand the matter back to the CWMA and Cauvery Water Regulatory Authority and hold the previous orders by the CWMA as unjustified with a direction to make a fresh recommendation.
On the other hand, Tamil Nadu argued that though the CWMA and CWRC acknowledged that the state was eligible for release of 7200 cusecs, it issued a direction for only 5000 cusecs.
Earlier this month, CWMA had informed the Supreme Court that Karnataka had released water to Tamil Nadu as per its direction issued on August 10. It also said that Cauvery basin reservoirs in Karnataka has received 52% low inflow in the last 30 years.
The Karnataka Government had also filed an affidavit in the Supreme Court claiming that it is facing a severe drought situation both in Cauvery and Krishna basins, it may not be feasible to further release any water from the reservoirs in Karnataka after September 12, 2023.
In August, Supreme Court had sought a fresh report from CWMA on whether its previous directions issued for discharge of water are being complied with. A Justice BR Gavai led bench has further asked the Authority to inform the court about their next order on water sharing by the states of Karnataka and Tamil Nadu.
Karnataka Government had told the Supreme Court last month that it cannot be compelled to ensure release of Cauvery river water as per the stipulation prescribed for the normal year, since the state suffered from distress situation due to failure of south-west Monsoon.
This written response was filed ahead of the Supreme Court hearing on Tamil Nadu-Karnataka row on Cauvery River water dispute on August 25.
Case Title: State or Karnataka Vs State of Tamil Nadu and Ors.
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