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Synopsis

Karnataka Government has told the Supreme Court 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.

It strongly opposed a plea by Tamil Nadu for release of 24,000 cusecs per day of water from its reservoirs, calling the Tamil Nadu's plea as "wholly misconceived" and based upon "erroneous assumption".

It contended the TN's plea 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 stated that rainfall is lesser by 25% and inflow into four reservoirs in Karnataka were lesser by 42.5%  upto August 09, 2023.

"During this water year, the south-west monsoon has largely failed so far, due to which, the distress condition has arisen in the Cauvery basin. Karnataka, therefore, is not obliged to and it cannot be compelled to ensure water as per the stipulated releases prescribed for the normal year," it said in an affidavit.

The written response was filed ahead of the Supreme Court hearing on Tamil Nadu-Karnataka row on Cauvery River water dispute on August 25.

Karnataka also claimed the present crisis is created by Tamil Nadu by its unnecessary opposition to the proposal for construction of Mekedatu balancing reservoir-cum-drinking water project near the interstate border at Biligundlu.

Karnataka maintained that it 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.

It also said the plea for ensuring the stipulated release from the month of September, 2023 (36.76 TMC) 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 claim by Tamil Nadu for the alleged shortfall of 28.849 TMC is "misleading because the shortfall is calculated as of August 31, 2023 again on an erroneous assumption that this water year is a normal year," it said.

Karnataka also submitted that the Cauvery Water Management Authority (CWMA), a statutory body constituted for implementation of the decision of the Cauvery Water Disputes Tribunal as modified by the Supreme Court by its judgement on February 16, 2018, cannot be directed to ensure flows, as stipulated in a normal water year since it has found the existence of distress situation in the cauvery basin because rainfall is lesser by 23% in KR Sagar catchment and 22% in Kabini catchment based on the report of Indian Meteorological Department.

It also stated the total inflows in four reservoirs in Karnataka are lesser by 42.5% as on September 09, 2023.

Karnataka also said its requirement of water in year 2023-24 from four reservoirs is 200.360 TMC. However, till August 11, 2023, it has drawn only 7.209 TMC from the four reservoirs. 

"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 which is the technological hub of  the world. Hence, Karnataka's reasonable needs are at serious risk," it said.

Karnataka also said it has asked CWMA to review the decision taken on August 11 for ensuring of 10,000 cusecs per day at the inter-state border Biligundlu from August 12 for the next 15 days. 

The affidavit also said on applying shortages of flows, the minimum crop water requirement of Karnataka based on three wettings instead of four wettings etc will be about 140 TMC. 

Karnataka also said at the beginning of this water year, Tamil Nadu had the carryover storage of 69.777 TMC (as on 01.06.2023) and Karnataka has so far ensured 26.768 TMC August 22, 2023. “Therefore, the total water in the hands of 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,” the affidavit said.

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,” the affidavit alleged.

Case Title: State of Karnataka Vs State of Tamil Nadu