Kaveri River Water Dispute
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The sharing of waters of the
Kaveri River The Kaveri (also known as Cauvery) is a major river flowing across Southern India. It is the third largest river in the region after Godavari and Krishna. The catchment area of the Kaveri basin is estimated to be and encompasses the states o ...
has been the source of a serious conflict between the two Indian states of
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
and
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
. The genesis of this conflict rests in two agreements in 1892 and 1924 between the
Madras Presidency The Madras Presidency or Madras Province, officially called the Presidency of Fort St. George until 1937, was an administrative subdivision (province) of British India and later the Dominion of India. At its greatest extent, the presidency i ...
and
Kingdom of Mysore The Kingdom of Mysore was a geopolitical realm in southern India founded in around 1399 in the vicinity of the modern-day city of Mysore and prevailed until 1950. The territorial boundaries and the form of government transmuted substantially ...
. The Kaveri river has 44,000 km2 basin area in
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
and 32,000 km2 basin area in Karnataka. The annual inflow from Karnataka is 425
Tmcft Tmcft, (Tmc ft), (TMC), (tmc) is the abbreviation of thousand million cubic feet (1,000,000,000 = 109 = 1 billion), commonly used in India in reference to volume of water in a reservoir or river A river is a natural stream of fresh wa ...
(12 km3) whereas that from Tamil Nadu is 252 TMCft (7.1 km3). Based on the inflow, Karnataka is demanding its due share of water from the river. It states that the pre-Independence agreements are invalid and are angled heavily in the favour of the Madras Presidency, and has demanded a renegotiated settlement based on "equitable sharing of the waters". Tamil Nadu, on the other hand, says that it has already developed almost 3,000,000 acres (12,000 km2) of land and as a result has come to depend very heavily on the existing pattern of usage. Any change in this pattern, it says, will adversely affect the livelihood of millions of farmers in the state. The pre-Independence agreements were based on the area occupied by Mysuru Kingdom and Madras presidency. The areas of South Canara (previously under Madras presidency) and Coorg Province which later merged with Karnataka have not been accounted to calculate the right of Karnataka's water share. Although the River Kaveri originated in the Coorg Province, the province is not included in the agreement. This raises a question about the validity of bilateral agreements between Mysore and Madras presidencies. Decades of negotiations between the parties bore no fruit until the Government of India constituted a tribunal in 1990 to look into the matter. After hearing arguments of all the parties involved for the next 16 years, the tribunal delivered its final verdict on 5 February 2007. In its verdict, the tribunal allocated 419
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(11.9 km3) of water annually to Tamil Nadu and 270 TMC (7.6 km3) to Karnataka; 30 TMC (0.85 km3) of Kaveri river water to
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
and 7 TMC (0.2 km3) to
Puducherry Puducherry or Pondicherry may refer to: Places in India * Puducherry (union territory), formerly known as Pondicherry ** Puducherry (city), capital of the union territory of Puducherry ** Puducherry district The Puducherry District, also know ...
. Karnataka and Tamil Nadu are the major shareholders, and Karnataka was ordered to release 192 TMC (5.4 km3) of water to Tamil Nadu in a normal year from June to May. The dispute, however, did not end there, as all four states decided to file review petitions seeking clarifications and possible renegotiation of the order. The first agreement on sharing Kaveri river water dates back to 1892, between Madras Presidency and princely state of Mysuru.


History

In 1881, the princely state of Mysore decided to revive the irrigation projects that were previously drafted up by the British for both states, but was met with resistance from the Madras Presidency. A conference was held in 1890 between the two states that eventually resulted in the Agreement of 1892 which aimed to meet the needs of both states. In 1910, king Nalvadi Krishnaraja Wodeyar and Chief Engineer Dawes of Mysore drafted a plan to construct a dam in two stages at Kannambadi village that would hold up to 41.5
TMC TMC may stand for: Companies and brands *Thinking Machines Corporation, a defunct supercomputer company *Toyota Motor Corporation, a Japanese automobile manufacturer *Toshiba Memory Corporation * Trans Mountain Corporation *Transportation Manageme ...
of water. However, Madras opposed the plan as it had its own plans of building a dam at
Mettur Mettur is an industrial and tourist town located in the Salem district in the state of Tamil Nadu, India. It is best known for the Mettur Dam which is the largest dam in south India. Mettur is also known for its power generation, chemical man ...
which could hold up to 80 TMC of water. The Government of India gave permission to Mysore to build a dam that could store 11 TMC, but the dam's foundation was constructed and designed to hold the full capacity of water, 41.5 TMC. This led to further dispute amongst the two states and the British Government of India sent the matter to arbitration under Rule IV of the 1892 Agreement. The award was declared on 12 May 1914, which allowed Mysore to construct the dam up to 11 TMC. The decision was appealed by the Madras Presidency which eventually led to the Agreement of 1924 between the two states which allowed Mysore to build the
Krishna Raja Sagara dam Krishna Raja Sagara, also popularly known as KRS, is a lake and the dam that creates it. They are close to the settlement of Hongahalli, Mandya, Krishna Raja Sagara in the Indian States and union territories of India, State of Karnataka. The grav ...
and Madras to build the Mettur dam. The 1924 agreement was written to last 50 years and gave Tamil Nadu 75% of the surplus water, Karnataka 23%, and the remaining to Kerala.


Post-Independence developments

In 1947, India attained independence from the British. Further in 1956, the reorganization of the states of India took place and state boundaries were redrawn based on linguistic demographics which lead to the creation of Karnataka and Tamil Nadu.
Kodagu Kodagu district () (also known by its former name Coorg) is an administrative List of districts of Karnataka, district in the Karnataka state of India. Before 1956, it was an administratively separate Coorg State at which point it was merged ...
or Coorg (the birthplace of the
Cauvery The Kaveri (also known as Cauvery) is a major river flowing across Southern India. It is the third largest river in the region after Godavari and Krishna. The catchment area of the Kaveri basin is estimated to be and encompasses the states o ...
), became a part of Mysore state. Parts of Malabar which earlier formed part of Madras Presidency went to
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
, and parts of Puducherry also fell in the Kaveri basin. As a result, both Kerala and Puducherry became invested in the Kaveri River. The reorganization caused some of the river's upper tributaries to be in Kerala. New disputes also arose as Mysore took on new projects on the river in line with the 1924 Agreement, which Tamil Nadu opposed. As the 1924 Agreement came to an end, differences arose between Karnataka and Tamil Nadu regarding its interpretations. Karnataka believed that the agreement had to expire because the 1924 Agreement did not address water issues occurring in 1974 between the two states. Tamil Nadu believed that the agreement was meant to be reviewed after 50 years as was understood during negotiations. It also believed that the agreement could not expire because it served as a foundation for developmental projects for both states and if it was altered it would harm both states.


1970s

Tamil Nadu wanted a tribunal established under the Inter-State River Water Disputes Act of 1956 to address the conflict, but it was turned town by the Union government. A report on the Union-State relations was created by Tamil Nadu's government which recommended that the Supreme Court should handle the interstate water disputes and ensure that its decisions are implemented. In 1971, petitions were submitted to the Supreme Court requesting that the Union of India should send the dispute to a tribunal under the Interstate River Water Disputes Act of 1956. However, the petitions were withdrawn in 1975 due to the suspension of fundamental rights during a national emergency from 1975 to 1977. Later after the Prime Minister of India, Indira Gandhi, intervened Tamil Nadu started to engage in talks with the other states and dropped its demand for a tribunal. In 1975, Jagjivan Ram, the Union Minister of Water Resources and Irrigation led further discussions between the states and created a report from the Cauvery Fact Finding Committee. In 1976 Tamil Nadu came under the President's rule which caused deferral of the agreement. The new government of M.G. Ramachandran rejected the draft agreement stating that the 1924 agreement allowed for an extension but not a review and that the 1892 and 1924 agreements should be reinstated. Additionally, Tamil Nadu, Karnataka and Kerala had agreed in 1976 to form a committee which would be headed by a Central Water Commission member, but this committee was never established due to political reasons.


1980s

Despite having 26 ministerial meetings between 1968 and 1990 to resolve the Kaveri water dispute, an agreement could not be reached. During this time, a crisis management system was also established for 15 years, with Tamil Nadu requesting more water annually to support its crops in the delta. In 1983, the Society for the Protection of the Irrigation and Agricultural Rights of the Tamil Nadu Farmers of the Cauvery filed a petition requesting the government to establish a Cauvery Water Disputes Tribunal (CWDT) and intervene because it was an interstate water issue. During the initial hearing of the petition, the Supreme Court encouraged that states to negotiate their own water sharing deal, but they were unable to find a solution.


The constitution of the tribunal

In 1990, the Supreme Court instructed the Union government to set up the CWDT. The tribunal was later formed and heard arguments from all four states. The three-man tribunal was constituted on 2 June 1990 and the tribunal was headed by Justice Chittatosh Mookerjee. The four states presented their demands to the tribunal.
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
requested 465
TMC TMC may stand for: Companies and brands *Thinking Machines Corporation, a defunct supercomputer company *Toyota Motor Corporation, a Japanese automobile manufacturer *Toshiba Memory Corporation * Trans Mountain Corporation *Transportation Manageme ...
,
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
requested 99.8 TMC,
Puducherry Puducherry or Pondicherry may refer to: Places in India * Puducherry (union territory), formerly known as Pondicherry ** Puducherry (city), capital of the union territory of Puducherry ** Puducherry district The Puducherry District, also know ...
requested 9.3 TMC, and
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
requested 566 TMC of its share based on the terms of the agreements of 1892 and 1924.


Interim award and the riots

The tribunal gave an interim award on 25 June 1991 that was based on its 10-year calculation of average inflow of water into Tamil Nadu. It instructed Karnataka to release water from its reservoirs and provide 205 TMC to the Mettur reservoir in Tamil Nadu in a water year and also specified weekly and monthly stipulations. Karnataka deemed this extremely inimical to its interests and issued an ordinance seeking to annul the tribunal's award. The Supreme Court now stepped in at the President's instance and struck down the Ordinance issued by Karnataka. It upheld the tribunal's award which was subsequently gazetted by the Government of India on 11 December 1991. Karnataka was thus forced to accept the interim award and widespread demonstrations and violence broke out in parts of Karnataka and Tamil Nadu following this. Thousands of
Tamil Tamil may refer to: People, culture and language * Tamils, an ethno-linguistic group native to India, Sri Lanka, and some other parts of Asia **Sri Lankan Tamils, Tamil people native to Sri Lanka ** Myanmar or Burmese Tamils, Tamil people of Ind ...
families had to flee from
Bangalore Bengaluru, also known as Bangalore (List of renamed places in India#Karnataka, its official name until 1 November 2014), is the Capital city, capital and largest city of the southern States and union territories of India, Indian state of Kar ...
in fear of being attacked and lynched by pro-Kannada activists with the behest of the state government. The
violence Violence is characterized as the use of physical force by humans to cause harm to other living beings, or property, such as pain, injury, disablement, death, damage and destruction. The World Health Organization (WHO) defines violence a ...
and show down, mostly centered in the Tamil populated parts of Bengaluru, lasted for nearly a month and most schools and educational institutions in Bengaluru remained closed during this period.


Indian Government notifies Cauvery Water Dispute Tribunal

On 20 February 2013, the Indian Government announced the final award. The final award makes an annual allocation of 419 TMC to Tamil Nadu in the entire Cauvery basin, 270 TMC to Karnataka, 30 TMC to Kerala and 7 TMC to Puducherry. Utilisable water in Tamil Nadu is sum of beneficial water uses and the water going waste to sea in excess of 14 TMC at Lower Coleroon and Grand Anaicuts. The water-sharing criteria are based on two situations: * When water availability is above the normal water year flows. * When water availability is equal to or below the normal water year flows The 50% dependable water year is considered as normal water year whose total water availability in the basin is 740 TMC. All the unused water in the reservoirs (≥ 3 TMC storage) at the beginning of water year in the basin are also considered for arriving the total available water in a water year to be shared by the riparian states. Tamil Nadu has to use 10 TMC for minimum
environmental flows Environmental flows describe the quantity, timing, and quality of water flows required to sustain freshwater and estuarine ecosystems and the human livelihoods and well being that depend on these ecosystems. In the Indian context river flows requir ...
downstream of Lower Coleroon Anicut and supply 7 TMC to
Puducherry Puducherry or Pondicherry may refer to: Places in India * Puducherry (union territory), formerly known as Pondicherry ** Puducherry (city), capital of the union territory of Puducherry ** Puducherry district The Puducherry District, also know ...
out of the 192 TMC water released by Karnataka in a normal water year. Kerala can use 21 TMC from
Kabini river The Kabini River is one of the major tributaries of the river Cauvery in southern India, It originates in Wayanad district of Kerala state by the confluence of the Panamaram River and the Mananthavady River. It flows eastward through Wayanad ...
basin, 6 TMC from
Bhavani river The Bhavani is an interstate Indian river which flows through Indian states of Kerala and Tamil Nadu, India. It originates from the Western Ghats and is one among the three rivers of Kerala which flows in eastward direction. Hydrography Bhavan ...
basin and 3 TMC from Pambar river basin in a normal year. Water going waste to sea at Lower Coleroon Anicut in excess of 4 TMC (other than 10 TMC minimum environmental flows) in any water year forms part of the utilizable water share of Tamil Nadu. The ambiguity in the verdict is that utilizable water (clauses IV and V) in the basin is allocated among the states but it has not defined how to measure the same. Instead, clause XIV of the final order defines how to measure the beneficial water uses which are not equal to the utilizable water. According to verdict, monthly release of water from Karnataka to Tamil Nadu in TMCs would be: – 10 June, July – 34, August – 50, September – 40, – 22 October, – 15 November, – 8 December, – 3 January, February – 2.5, March – 2.5, April – 2.5, May – 2.5.


Above normal water year

Karnataka can now use all the excess water available in its area after releasing 192 TMC applicable in a normal water year. Tamil Nadu can also use all the excess water available in its area (including flood water from Karnataka if any). Karnataka has proposed a project to store excess water during good monsoon years at
Mekedatu Mekedatu is a location along Kaveri in the border of Chamarajanagar district, Chamarajanagar and Ramanagara district, Ramanagara Districts. From this point, about 3.5 kilometers downstream, the river Kaveri flows through a deep and narrow gorge ...
for drinking water needs of Bengaluru city and en route, hydro power generation, etc. Tamil Nadu is raising objections to this project.


Below normal water year

When the total water availability is below 740 TMC (i.e. distress year), the allocated share of each state is reduced proportionately. Kerala (in Kabini basin) and Karnataka would use their reduced allocations and release rest of water below Billigundulu gauging station for use in Tamil Nadu and Puducherry. Karnataka has to release water to Tamil Nadu on monthly basis proportionate to the monthly figures indicated for a normal year.


Limitations for water use

Based on the river basin water data available from the year 1934 to 1971, the tribunal estimated the average water yield in the total river basin as 767 TMC which corresponds to 47% dependability. The live storage capacity available in the river basin is nearly 310 TMC which is 40.5% of the average yield. The water used in the Cauvery delta in Tamil Nadu and Puducherry is nearly 280 TMC which is the tail end water use in the river basin and its regenerated water either goes to sea or outside the Cauvery basin. The total dissolved salt load generated in the basin is nearly 3.5 million metric tons per year. The estimated
salinity Salinity () is the saltiness or amount of salt (chemistry), salt dissolved in a body of water, called saline water (see also soil salinity). It is usually measured in g/L or g/kg (grams of salt per liter/kilogram of water; the latter is dimensio ...
or total dissolved salts (TDS) for the water available in Cauvery delta is 441 ppm which is close to the safe maximum permissible 500 ppm. There is no limit imposed by the tribunal for the ground water use in the river basin. The tribunal has also permitted the basin states to use all the excess water available in above normal water years. Moreover, the river basin population has reached 40 million in the year 2015 and the increasing per capita inorganic salts used/consumed in industrial, agriculture and residential sectors are enhancing the salt export requirements. When adequate salt export from the river basin is not taking place to the sea by forcing Cauvery delta to face
water shortage Water scarcity (closely related to water stress or water crisis) is the lack of fresh water resources to meet the standard water demand. There are two types of water scarcity. One is ''physical.'' The other is ''economic water scarcity''. Physic ...
, the water quality (salinity, pH, alkalinity, sodicity, etc.) available for Cauvery delta would deteriorate beyond the permissible limits impeding its sustainable productivity and its aquatic ecosystem conservation. Ultimately salt export criterion is the limitation for the water resources development in a river basin.


Interim Supervisory Committee

In response to the Special Leave Petition (SLP) lodged by Tamil Nadu earlier, the Supreme Court on 10 May 2013 issued an interim direction to the Government of India (GoI) to establish an Interim Supervisory Committee to implement the Cauvery tribunal order till the constitution of "Cauvery Management Board" as stated in the tribunal order. GoI issued the gazette notification on 22 May 2013 establishing the said Supervisory Committee. Interim Supervisory Committee is a stop gap arrangement when there is delay in getting its approval by the parliament per section 6A(7) of
Interstate River Water Disputes Act The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that woul ...
. However, Interim Supervisory Committee established by GoI under Interstate River Water Disputes Act has full powers similar to an authority/ board established by parliament till parliament has not annulled the same.


Timeline


The crisis of 1995–1996

In 1995, the monsoons failed badly in
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
and the state found itself hard pressed to fulfill the interim order.
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
approached the Supreme Court demanding the immediate release of at least 30 TMC. The Supreme Court refused to entertain Tamil Nadu's petition and asked it to approach the tribunal. The tribunal examined the case and recommended that Karnataka release 11 TMC. Karnataka pleaded that 11 TMC was unimplementable in the circumstances that existed then. Tamil Nadu now went back to the Supreme Court demanding that Karnataka be forced to obey the tribunal's order. The Supreme Court this time recommended that the then Prime Minister,
P. V. Narasimha Rao Pamulaparthi Venkata Narasimha Rao (28 June 1921 – 23 December 2004) was an Indian independence activist, lawyer, and statesman from the Indian National Congress who served as the prime minister of India from 1991 to 1996. He was the first p ...
, intervene and find a political solution. The Prime Minister convened a meeting with the Chief Ministers of the two states and recommended that Karnataka release 6 TMC instead of the 11 TMC that the tribunal ordered. Karnataka complied with the decision of the Prime Minister and the issue blew over.


Constitution of the CRA

Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
had all through maintained that the interim award was not 'scientific' and was inherently flawed. It had, nevertheless, complied with the order except during 1995–96 when rains failed. What complicated matters was that the Interim award was ambiguous on distress sharing and there was no clear cut formula that everyone agreed upon to share the waters in the case of failure of the monsoon. In 1997, the Government proposed the setting up of a ''Cauvery River Authority'' which would be vested with far reaching powers to ensure the implementation of the Interim Order. These powers included the power to take over the control of dams in the event of the Interim Order not being honoured. Karnataka, which had always maintained that the interim order had no scientific basis and was intrinsically flawed, strongly protested the proposal to set up such an authority. The Government then made several modifications to the powers of the Authority and came up with a new proposal. The new proposal greatly reduced the executive powers of the Authority. The power to take over control of dams was also done away with. Under this new proposal, the Government set up two new bodies, viz., ''Cauvery River Authority'' and Cauvery Monitoring Committee. The ''Cauvery River Authority'' would consist of the Prime Minister and the Chief Ministers of all four states (Karnataka,
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
,
Puducherry Puducherry or Pondicherry may refer to: Places in India * Puducherry (union territory), formerly known as Pondicherry ** Puducherry (city), capital of the union territory of Puducherry ** Puducherry district The Puducherry District, also know ...
and
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
) and was headquartered in
New Delhi New Delhi (; ) is the Capital city, capital of India and a part of the Delhi, National Capital Territory of Delhi (NCT). New Delhi is the seat of all three branches of the Government of India, hosting the Rashtrapati Bhavan, New Parliament ...
. The Cauvery Monitoring Committee on the other hand, was an expert body which consisted of engineers, technocrats and other officers who would take stock of the 'ground realities' and report to the government.


Events during 2002

In the summer of 2002, things once again came to a head as the monsoon failed in both
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
and
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
. Reservoirs in both states fell to record low levels and inevitably tempers rose. The sticking point yet again, as in 1995–96 was how the distress would be shared between the two states. The tribunal had overlooked this crucial point when it gave the interim award and it had returned once again to haunt the situation. Tamil Nadu demanded that Karnataka honour the interim award and release to Tamil Nadu its proportionate share. Karnataka on the other hand stated that the water levels were hardly enough to meet its own demands and ruled out releasing any water in the circumstances that prevailed.


CRA meeting and the Supreme Court order

A meeting of the ''Cauvery River Authority'' was called on 27 August 2002 but the Tamil Nadu chief minister Jayalalitha walked out of the meeting. The focus now shifted to the Supreme Court which ordered Karnataka to release 1.25 TMC of water every day unless the ''Cauvery River Authority'' revised it. Karnataka was forced to release water but pressed for another meeting of the ''Cauvery River Authority'' which was fixed for 8 September. The
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
Chief Minister this time boycotted the meet citing insufficient notice as the reason. A minister from her cabinet, however represented Tamil Nadu. The ''Cauvery River Authority'' revised the Court's order from 1.25 TMC to 0.8 TMC per day. This time however, the Karnataka government in open defiance of the order of the ''Cauvery River Authority'', refused to release any water succumbing to the large scale protests that had mounted in the
Cauvery The Kaveri (also known as Cauvery) is a major river flowing across Southern India. It is the third largest river in the region after Godavari and Krishna. The catchment area of the Kaveri basin is estimated to be and encompasses the states o ...
districts of the state. Tamil Nadu aghast at the defiance, went back to the Supreme Court. Karnataka now resumed the release of water for a few days, but stopped it again on 18 September as a Karnataka farmers and their protests threatened to take a dangerous turn. The centre now stepped in and asked Karnataka to release the water. The Supreme Court meanwhile, in response to Tamil Nadu's petition asked the ''Cauvery River Authority'' for details of the water release and water levels in the reservoirs.


2003–2006

This period did not see any major flare up in the dispute even though the summer of 2003 saw a dry spell in both states. The monsoons in 2004, 2005 and 2006 was quite copious and this helped a great deal in keeping the tempers calm. While the last 3 or 4 years have been relatively quiet as far as jingoistic voices are concerned, a flurry of development has been afoot in the courts. The term of the tribunal was initially set to expire in August 2005. However, in the light of the many arguments the court was yet to hear, the tribunal filed a request for extension of its term. The extension was granted and the tribunal's term was extended for another year until September 2006. Early in 2006, a major controversy erupted over the 'Assessor's report' that was apparently 'leaked' to the press. The report had suggested a decision which
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
summarily rejected. Another major controversy erupted when just a couple of months before the September 2006 deadline, the tribunal recommended the formation of another expert committee to study the 'ground realities' yet again. This was unanimously and vehemently opposed by all the four states party to the dispute. The states contended that this move would further delay a judgement which has already been 16 years in the making. More than the disapproval of all the four states of the new expert committee that was proposed, the proposal turned out to be a major embarrassment for the tribunal. This was because, not only were the four states opposed to it even the Chief Judge of the tribunal was opposed to it. However the other two assistant judges on 3-man adjudication team, overruled the opinion of the main Judge. And all this was done in a packed courtroom and this led to petty bickering and heated arguments between the three judges in the packed courtroom. This left everyone in the courtroom shocked and the
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
counsel was moved to remark that it was embarrassing that the judges probably needed help settling their own disputes before adjudicating on the dispute at hand. Nonetheless, the new expert committee was formed and carried out further assessments. The extended deadline of the tribunal also passed and the tribunal was given yet another extension.


2007 tribunal verdict

The ''Cauvery Water Disputes Tribunal'' announced its final verdict on 5 February 2007. According to its verdict,
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
gets 419 TMC of
Cauvery The Kaveri (also known as Cauvery) is a major river flowing across Southern India. It is the third largest river in the region after Godavari and Krishna. The catchment area of the Kaveri basin is estimated to be and encompasses the states o ...
water while
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
gets 270 TMC. The actual release of water by Karnataka to Tamil Nadu is to be 192 TMC annually. Further,
Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...
will get 30 TMC and
Puducherry Puducherry or Pondicherry may refer to: Places in India * Puducherry (union territory), formerly known as Pondicherry ** Puducherry (city), capital of the union territory of Puducherry ** Puducherry district The Puducherry District, also know ...
7 TMC. Water to be released to Tamil Nadu according to monthly schedule as: June month (10
TMC TMC may stand for: Companies and brands *Thinking Machines Corporation, a defunct supercomputer company *Toyota Motor Corporation, a Japanese automobile manufacturer *Toshiba Memory Corporation * Trans Mountain Corporation *Transportation Manageme ...
), July (34), August (50), September (40), October (22), November (15), December (8), January (3), February (2.5), March (2.5), April (2.5) and May (2.5). The Tamil Nadu and Karnataka, unhappy with the decision, filed a revision petition before the tribunal seeking a review.


2012

On 19 September 2012, Prime Minister
Manmohan Singh Manmohan Singh (26 September 1932 – 26 December 2024) was an Indian economist, bureaucrat, academician, and statesman, who served as the prime minister of India from 2004 to 2014. He was the fourth longest-serving prime minister after Jaw ...
as the chairman of Cauvery River Authority, ordered
Karnataka Karnataka ( ) is a States and union territories of India, state in the southwestern region of India. It was Unification of Karnataka, formed as Mysore State on 1 November 1956, with the passage of the States Reorganisation Act, 1956, States Re ...
to release 9,000
cusec The cubic foot (symbol ft3 or cu ft)
, .
is an Kaveri The Kaveri (also known as Cauvery) is a Rivers of India, major river flowing across Southern India. It is the third largest river in the region after Godavari River, Godavari and Krishna River, Krishna. The catchment area of the Kaveri basin i ...
to Tamil Nadu. But Karnataka felt that this was impractical due to the drought conditions prevailing because of the failed monsoon. Karnataka then walked out of the high-level meeting as a sign of protest. On 21 September, Karnataka filed a petition before the Cauvery River Authority seeking review of its 19 September ruling. On 28 September 2012, the Supreme Court criticized the Karnataka government for failing to comply with the directive of the ''Cauvery River Authority''. Left with no other option, Karnataka started releasing water. This led to wide protests and violence in Karnataka. On 4 October 2012, the Karnataka government filed a review petition before the Supreme Court seeking a stay on its 28 September order directing it to release 9,000 cusecs of Cauvery water everyday to Tamil Nadu, until 15 October. On 6 October 2012, several Kannada organisations, under the banner of "Kannada Okkoota", called a Karnataka bandh (close down) on 6 October in protest against the Cauvery water release. On 8 October, the Supreme Court of India announced the release of 9,000 cusecs had to be continued and it was up to the ''Cauvery River Authoritys head, the Prime Minister, as a responsible person, to ensure this happened. The Prime Minister ruled out a review of the ''Cauvery River Authority''’s decision until 20 October, rejecting the plea by both the
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
and
Bharatiya Janata Party The Bharatiya Janata Party (BJP; , ) is a political party in India and one of the two major List of political parties in India, Indian political parties alongside the Indian National Congress. BJP emerged out from Syama Prasad Mukherjee's ...
leaders from Karnataka. Within a few hours, Karnataka stopped release of Cauvery water to Tamil Nadu. Tamil Nadu made a fresh plea in the Supreme Court on 17 October, reiterating its demand for appropriate directions to be issued to Karnataka to make good the shortfall of 48 TMC of water as per the distress sharing formula. On 15 November 2012, The Cauvery Monitoring Committee directed the Karnataka government to release 4.81 TMC to Tamil Nadu between 16 and 30 November. On 6 December, the supreme court directed Karnataka to release 10,000 cusecs of water to Tamil Nadu. The court asked the union government to indicate the time frame within which the final decision of the ''Cauvery Water Dispute Tribunal'', which was given in February 2007, was to be notified. This decision was given in the view of saving the standing crops of both the states.


2016

On 22 August 2016, Tamil Nadu approached Supreme Court, seeking direction to Karnataka to release 50.052 TMC ft Cauvery water from its reservoirs for its third samba cultivation, as mandated in the final order of the Cauvery Water Disputes Tribunal 2007. Karnataka cited distress situation as Karnataka felt there was only enough water for drinking purposes and declined to release water. On 2 September 2016, Supreme Court asked Karnataka to consider Tamil Nadu's plea on humanitarian grounds and release water and advised both states to maintain harmony. The Court also asked Karnataka to revert by 5 September 2016 as to how much water it can release. On 5 September 2016 Karnataka informed the Supreme Court that it can release 10,000
cusec The cubic foot (symbol ft3 or cu ft)
, .
is an cusec The cubic foot (symbol ft3 or cu ft)
, .
is an cusec The cubic foot (symbol ft3 or cu ft)
, .
is an bandh Bandh () is a form of protest used by political activists in South Asian countries such as India and Nepal. It is similar to a general strike. During a bandh, a political party or a community declare a general strike. For example, a ''Bharat (t ...
and protested against the release of water to Tamil Nadu. Supreme Court was approached by Karnataka citing public unrest, seeking modification of the earlier order. On 12 September 2016, Supreme Court slammed Karnataka for citing law and order problem and modified the 5 September order, directing Karnataka to release 12,000
cusec The cubic foot (symbol ft3 or cu ft)
, .
is an Bangalore Bengaluru, also known as Bangalore (List of renamed places in India#Karnataka, its official name until 1 November 2014), is the Capital city, capital and largest city of the southern States and union territories of India, Indian state of Kar ...
,
Mysore Mysore ( ), officially Mysuru (), is a city in the southern Indian state of Karnataka. It is the headquarters of Mysore district and Mysore division. As the traditional seat of the Wadiyar dynasty, the city functioned as the capital of the ...
,
Mandya Mandya is a city in the state of Karnataka. It is the headquarter of Mandya district, Sugar factories contribute to the major economic output. It is also called Sugar City (Kannada: ''Sakkare Nagara'') because sugarcane is a major crop grown ...
and other parts of state. Two people were killed in the unrest and
section 144 Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then t ...
was imposed in Bengaluru.
Curfew A curfew is an order that imposes certain regulations during specified hours. Typically, curfews order all people affected by them to remain indoors during the evening and nighttime hours. Such an order is most often issued by public authorit ...
was also imposed on few parts of Bengaluru. On 19 September 2016, the Cauvery Supervisory Committee, set up by Supreme Court, ordered Karnataka to release 3,000 cusecs per day from 21 September 2016 to 30 September 2016. On 20 September 2016, Supreme Court directed Karnataka to further release 6,000 cusecs of water from 21 September 2016 to 27 September 2016 and directed the Central Government to set up the Cauvery Management Board in order to provide a permanent solution for the dispute. However, in a special session of the
Karnataka Legislative Assembly The Karnataka Legislative Assembly (formerly the Mysore Legislative Assembly) is the lower house of the bicameral legislature of the southern Indian state of Karnataka. Karnataka is one of the six states in India where the state legislature ...
held on 23 September, a resolution was passed not to release water to Tamil Nadu, hence defying the Supreme Court's order. On 27 September, the Supreme Court ordered Karnataka to give 6000 cusecs of water to Tamil Nadu for 3 days which was again not carried out. On 30 September, the Supreme Court gave Karnataka a "last chance" and ordered 6,000 cusecs of water to be released during the first 6 days of October. The Court asked the Central Government to set up the Cauvery Water Management Board by 4 October and immediately do on-site assessments and report back on 6 October. On 1 October 2016, Karnataka filed for review petition over Supreme Court's latest order to release 6,000 cusecs of Cauvery water from 1 to 6 October and also held a special session of the state legislature. After another special legislature session on 3 October, the Karnataka government decided to release water for agricultural purposes, but it was not specified whether water would be released to farmers of Karnataka or Tamil Nadu. The Supreme Court on Tuesday, 4 October directed Karnataka to release 2,000 cusecs of Cauvery water per day to Tamil Nadu from 7 to 18 October. The apex court had ordered the state to release 6,000 cusecs of Cauvery water per day. The hearing of the case is adjourned to 18 October.


2018

As instructed by the Supreme Court, the Cauvery Water Management Authority (CWMA) was created by the Centre on 1 June 2018. The Cauvery Water Regulation Committee was created three weeks later. S. Masood Hussain was named as head of the CWMA and Navin Kumar was appointed chairman of the CWRC. Supreme Court (SC) on 9 January 2018 declared that it would pronounce its verdict clearing all the pending cases and the confusion within a month. On 16 February 2018, the Hon'ble Supreme Court has pronounced its verdict. Reduced 14.75 tmc water allocation to Tamil Nadu and now Karnataka to release only 177 tmc of water to Tamil Nadu for next 15 years. The verdict also mandated to formally constitute the Kavery river management board by the union government within 40 days for implementing strictly the tribunal award and its verdict. The final allocation for a total of 740 TMC is: *Tamil Nadu : 404.25 (419 – 14.75) TMC *Karnataka : 284.75 (270 + 14.75) TMC *Kerala : 30 TMC *UT of Pondicherry : 7 TMC *Environmental Protection : 10 TMC *Inevitable wastage into sea : 4 TMC


Kavery Management Board – Govt Gazette

Source: The Ministry of Water Resources and River Development on Friday directed that the Cauvery Water Management Authority be published in the government gazette. With this, the authority, which will play a major role in sharing of the river's waters amongst three states and a Union Territory is finally official. Headquartered in Delhi, the Cauvery Management Authority will be the sole body to implement the Cauvery Water Disputes Tribunal award as modified by the SC. The Centre, as per reports, would have no say except for issuing administrative advisories to it. The Authority will be assisted in the discharge of its functions by a Regulatory Committee. A bench consisting of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud has further directed the government to notify them before the monsoon season sets in June. It took nearly three months after the Supreme Court order for the Centre to file the draft scheme in court. The NDA government had come under immense criticism for delaying the finalisation of the scheme because of the Karnataka election. The Government's counsel had even said in court that the cabinet was yet to approve of the scheme as Prime Minister Narendra Modi and other ministers were campaigning in Karnataka where election took place on 12 May.


2023


See also

*
Cauvery river The Kaveri (also known as Cauvery) is a major river flowing across Southern India. It is the third largest river in the region after Godavari and Krishna. The catchment area of the Kaveri basin is estimated to be and encompasses the states o ...
*
Interstate River Water Disputes Act The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that woul ...
* Helsinki Rules * Godavari Water Disputes Tribunal *
Krishna Water Disputes Tribunal The government of India constituted a common tribunal on 10 April 1969 to adjudicate the river water utilization disputes among the river basin states of Krishna and Godavari rivers under the provisions of Interstate River Water Disputes Act ...
* Water Resources in India *
Right to water The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right ...
*
Water right Water right in water law is the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In ot ...
*
Water law Water is an inorganic compound with the chemical formula . It is a transparent, tasteless, odorless, and nearly colorless chemical substance. It is the main constituent of Earth's hydrosphere and the fluids of all known living organisms ( ...
*
Soil salinity control Soil salinity control refers to controlling the process and progress of soil salinity to prevent soil degradation by salination and land reclamation, reclamation of already salty (saline) soils. Soil reclamation is also known as soil improvement ...
*
Alkali soils Alkali, or alkaline, soils are clay soils with high pH (greater than 8.5), a poor soil structure and a low infiltration capacity. Often they have a hard calcareous layer at 0.5 to 1 metre depth. Alkali soils owe their unfavorable physico ...
*
Palar River Palar (Tamil: ''பாலாறு'' pālāṟu paːlaːɾu literally "milk river") is a river of southern India. It rises in the Nandi Hills in Chikkaballapura district of Karnataka state, and flows in Karnataka, in Andhra Pradesh and i ...


References

{{Reflist Kaveri River Politics of Karnataka History of Tamil Nadu (1947–present) Rivers of Tamil Nadu Rivers of Karnataka History of Karnataka (1947–present) Economy of Karnataka Inter-state disputes in India Arbitration cases Water disputes in India Water case law Water conflicts Indian case law