Krishna Water Disputes Tribunal

The Krishna Water Dispute Tribunal allocated the maximum share of 1001 TMC feet of water of the river to Andhra Pradesh followed by 911 to Karnataka and 666 to Maharashtra.

The KDWT-II Tribunal, which was set up in 2004 also placed some restrictions on the three states in keeping with the dependabilities at which allocations have been made.

The award shall be valid till May, 2050 and can be reviewed or revised by a competent authority or tribunal later.

Krishna Water Disputes Tribunal

The Union Minister of Water Resources vide letter dt. 18th March, 2011 informed that “The KWDT has forwarded its report under Section 5(2) of the Inter State River Water Disputes Act, 1956 to Central Government on 30.12.2010. As per section 5(3) of the Act, the Central Government or concerned State Government within three months of the date of the decision, can seek explanation and guidance from the tribunal on its report and decision dated 30.12.2010 and in that case, the tribunal may forward to the Central Government a further report giving such explanation or guidance as it deems fit. Therefore, the Government of Andhra Pradesh can seek explanation and guidance from the Tribunal.”

ANDHRA PRADESH

The State had a case for approaching the apex court, at least in respect of the height of the Almatti dam as it was the Supreme Court that fixed the height at 519.6 metres through an order, disposing of a petition filed by Andhra Pradesh more than a decade ago.

A major “mathematical error” identified by the government with the help of legal/technical experts is that it assessed the water availability in the Krishna “oddly” at 65 per cent dependability, that too covering a limited period as in the case of the Narmada. Hitherto, the availability in the Krishna is reckoned at 75 per cent dependability for a longer period (more than a century) in line with the standard formula adopted all over the world.

KARNATAKA

The demand of Karnataka for 278 tmcft of water had been partially met with allotment of only 177 tmcft, the State had staked its claim for a reasonable 278 tmcft of water in ‘B' Scheme as over 43.8 per cent catchment area of the Krishna fell in the State. The Bachawat Commission in its recommendations on water-sharing under ‘A' Scheme in the 1970s said that during further adjudication, the issue of Karnataka getting a share of 50 per cent of the surplus water and Andhra Pradesh and Maharashtra sharing the remaining equally should be considered. The tribunal had overlooked it,

Allocation for Karnataka was unacceptable because Andhra Pradesh was already using the unutilised waters released by Karnataka.

MAHARASHTRA

The Tribunal has decided to raise it to 524.25 metres. It is not in favour as it increases the risk of floods in Kolhapur, Satara and Sangli

Maharashtra had demanded that the computation of water availability be based on 50 per cent dependability, but the Tribunal fixed it at 65 per cent.

The 43-year-old dispute on how to divide the surplus water from the River Krishna has been resolved. Karnataka will get more water than what was allocated earlier, while Andhra Pradesh gets the maximum share of surplus water.

Andhra Pradesh now gets 1000 TMC of surplus water, Karnataka gets 911 TMC and Maharashtra will get 666 TMC.

Even though Andhra Pradesh has the biggest share, its wings have been clipped in a way that the allotted share is much less than what it was getting all these years unofficially.

Based on that, irrigation projects were planned on River Krishna on which approximately Rs. 35000 crore has been spent.

The positive side though is that Andhra now has the rights over the water, while earlier the 330 TMC share was unofficial.

River Water Disputes

As per the Inter-State River Water Disputes Act, 1956 (ISRWD Act, 1956) when the water dispute arises among two or more State Governments, the Central Government receives a request under Section 3 of the Act from any of the basis States with regard to existence of water dispute. The status of such inter-State water disputes under ISRWD Act, 1956 is as follows:

Inter-State water disputes under Inter-State River Water Disputes Act (ISRWD), 1956
River(s)	States	Date of Constitution of Tribunal	Date of Award
Krishna	Maharashtra, Andhra Pradesh, Karnataka	April 1969	May 1976
Godavari	Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Orissa	April 1969	July 1980
Narmada	Rajasthan, Madhya Pradesh, Gujarat, Maharashtra	October 1969	December 1979
Cauvery	Kerala, Karnataka, Tamil Nadu and Union Territory of Pondicherry	June 1990	Report u/s 5(2) received 5.2.2007
Krishna	Karnataka, Andhra Pradesh and Maharashtra	April 2004	Report u/s 5(2) pending
Model/ Mandovi/Mahadayi/	Goa, Karnataka and	Under Construction	-
Vansadhara	Andhra Pradesh & Orissa	Under Construction	-

In accordance with the said Act, the Central Government is required to refer a dispute to a Tribunal after it is satisfied that the dispute cannot be settled through negotiations. Accordingly, the water disputes, related to Cauvery and Krishna were referred to the Tribunals for adjudication in 1990 and 2004 respectively.

The Cauvery Water Disputes Tribunal (CWDT) passed an interim order on 25th June, 1991 and further clarifying orders on the interim order in April 1992 and December 1995. CWDT submitted its report and decision under Section 5(2) of the ISRWD Act, 1956 on 5.2.2007. With submission of report and decision under Section 5(2) of the Act, Central Government and the State Governments have sought explanation and guidance from the Tribunal under Section 5(3) of the Act. The matter is under consideration of the Tribunal. Further, party States have also filed SLPs in the Hon'ble Supreme Court against the decision dated 5.2.2007 of the Tribunal and the matter is sub-judice at present.

The Krishna Water Disputes Tribunal (KWDT) passed orders on June 9, 2006 on the Interim Relief Application filed by the party States of Maharashtra, Karnataka and Andhra Pradesh declining to give interim relief as sought in the application and at the same time indicating certain norms with a view to facilitate adjudication of the dispute before the Tribunal. Subsequently, State of Andhra Pradesh filed Interlocutory Application under Section 5(3) of the ISRWD Act, 1956 seeking further explanation/ guidance on the Order of the Tribunal of June 9, 2006 which is pending. The Tribunal in its hearing held in September and October 2006 has framed 29 issues for adjudication of the dispute before it. Further hearings of the Tribunal are continuing.

In respect of Mahadayi/Mandovi and Vansadhara water disputes, the requests were received from States of Goa and Orissa in July 2002 and February 2006. In respect of Mahadayi water dispute, a view has emerged in the Ministry that the dispute cannot be settled through negotiations and action has been initiated for establishment of a Tribunal. In respect of Vansadhara river water dispute, establishment of a Tribunal is in advanced stage of implementation.

Ravi & Beas Waters Tribunal (RBWT) set up in 1986 in pursuance of paragraphs 9.1 & 9.2 of Punjab Settlement (Rajiv-Longowal Accord, 1985) inter-alia to adjudicate the claims of Punjab and Haryana in Ravi-Beas waters, submitted its report on 30^th January 1987. The Tribunal is to submit its further report to the Government on the references made by the party States and the Central Government seeking further guidance on its report. The hearings of the Tribunal have now become dependent on the outcome of a Presidential reference made on 22.07.2004 before the Hon'ble Supreme Court on Punjab Termination of Agreements Act, 2004.

Sutlej Yamuna Link (SYL) Canal envisages delivering Haryana's share of Ravi-Beas waters. In the matter of non-completion of SYL Canal in Punjab portion, the Hon'ble Supreme Court in a judgment of 4^th June 2004 had directed the Central Government to carry out its action plan for completion of the canal. Central Government took necessary action. However, Punjab legislature on 12^th July 2004 enacted Punjab Termination of Agreements Act, 2004 terminating all agreements relating to Ravi-Beas Waters and obligations thereunder. A Presidential reference in the matter of the above Act was filed before the Hon'ble Supreme Court on 22.07.2004, outcome of which is awaited.