Cauvery Water Dispute: SC Seeks Fresh Update As Karnataka Says It Will Struggle To Maintain 12,000 Cusecs Flow To Tamil Nadu

The Bench of Justices Vikram Nath and Sandeep Mehta was hearing Tamil Nadu's grievance that Karnataka had failed to release its mandated share despite a rain-deficient year, resulting in a substantial shortfall in the water reaching the State.

According to Tamil Nadu, the Cauvery Tribunal award required the release of 64 TMC, but only around 14 TMC had been received so far. Even accounting for a deficit year, the State argued that the release could have been proportionately reduced, requiring at least 55.29% of the allocated quantity. Tamil Nadu claimed that nearly 20 TMC was presently due from Karnataka.

Karnataka Says it complied with CWMA directions

Senior Advocate Shyam Divan, appearing for Karnataka, disputed Tamil Nadu's allegation of non-compliance.

Divan submitted that there was “extreme distress” in the Cauvery basin and an “enormous deficit” in Karnataka's reservoirs. He said the CWMA was fully aware of the situation and had an established mechanism for dealing with the deficit.

According to Karnataka, the CWMA had issued two directions, each covering a 15-day period. The first required Karnataka to release 3,500 cusecs to Tamil Nadu until August 11.

Divan submitted that Karnataka had not only complied with the 3,500-cusecs direction but had “substantially exceeded it”.

He therefore disputed Tamil Nadu's submission that Karnataka was not complying with the CWMA's directions.

Karnataka says flow has crossed 12,000 cusecs

Divan further informed the Bench that the CWMA's subsequent requirement was for a flow of 12,000 cusecs per day from August 12.

He explained that water released from the Krishna Raja Sagar reservoir takes around 48 hours to flow downstream and that established protocols prevent water from being released suddenly.

“As of this morning, the flow has crossed 12,000 cusecs,” Divan submitted, adding that instructions had been issued to maintain the 12,000-cusecs flow throughout the day.

The Bench then sought clarification from Divan on whether Karnataka had complied with the direction to maintain 12,000 cusecs every day from August 12.

Divan acknowledged that there had been a shortfall during the initial period.

He submitted that as of August 17, the CWMA requirement stood at 12,000 cusecs and the flow had reached 12,607 cusecs. According to him, the increase was natural and not the result of Karnataka releasing additional water.

'Shortfall during first four to five days'

Divan said Karnataka would endeavour to maintain the 12,000-cusecs flow directed by the CWMA, although doing so would be “extremely difficult” for the State.

He further submitted that the flow had remained around 6,000 cusecs during the first four to five days, but Karnataka expected to make up the shortfall over the following days.

The Bench observed that the difficulty appeared to arise because the water could not be stored.

Divan responded that the issue was “not a question of not being able to store the water”.

Karnataka maintained that two expert bodies had already considered the situation and issued directions, and therefore the Supreme Court's role should remain limited.

The Bench, however, decided to adjourn the matter and directed Karnataka to return and apprise the Court of the position.

The hearing will therefore continue with the Court expected to consider the actual flow of Cauvery water, compliance with the CWMA directions and the competing claims of Karnataka and Tamil Nadu.