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Karnataka has submitted before Supreme Court through an affidavit that 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
The Supreme Court on Friday sought a fresh report from the Cauvery Water Management Authority 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.
"ASG Aishwarya Bhati to communicate this order and have a report submitted by next Friday", the bench also comprising Justices PS Narasimha and Prashant Kumar Mishra added.
Supreme Court has further recorded in its order Karnataka's stand that it would like to reduce the share of water and Tamil Nadu's request for an increase in its share.
"Let this be decided by the authority. List on next Friday", order adds.
Senior Advocate Mukul Rohatgi and CS Vaidyanathan appeared for the state of Tamil Nadu. Senior Advocate Shyan Divan represented Karnataka.
Both states pleaded a case for extreme shortage of water on their ends. When court was told that the authority's order was not being complied with, the bench said, "Then we will ask for an affidavit from the authority..how do we know that if the order is being complied with or not..we have no expertise...".
Recently, 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.
Case Title: State of Karnataka vs. State of Tamil Nadu
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