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The Karnataka government told the Supreme Court on Monday, August 31, that it was complying with the Cauvery Water Management Authority’s (CWMA) direction to ensure a daily flow of 9,000 cusecs of Cauvery water to Tamil Nadu. But Tamil Nadu argued that the current releases do not make up for the shortfall accumulated in earlier months and sought clearance of its claimed water deficit.
Senior advocate Shyam Divan, appearing for Karnataka, told the Supreme Court that the state had released 9,888 cusecs at Biligundlu, a river monitoring point on the Karnataka-Tamil Nadu border on August 30, exceeding the 9,000-cusec requirement. By 8 am on Monday, the flow had crossed 11,000 cusecs, he said.
“We have released an excess amount as of 8 am this morning,” Divan said, adding that Karnataka would endeavour to maintain the required flow of 9,000 cusecs.
The Supreme Court was hearing Tamil Nadu’s plea seeking implementation of the CWMA’s August 25 direction. The authority had upheld the Cauvery Water Regulation Committee’s (CWRC) recommendation that Karnataka ensure a flow of 9,000 cusecs to Tamil Nadu for 15 days, from August 25 to September 8.
Tamil Nadu has sought more water. In an application filed on Sunday, August 30, the state sought a direction to Karnataka to release 17.604 tmc ft of water, which it claimed was the balance due as of August 27 under the pro-rata formula.
Appearing for Tamil Nadu, senior advocate CS Vaidyanathan said nearly 24,700 acres of agricultural land in the state depended on Cauvery water. He also pointed to a substantial deficit in the flow recorded at Biligundlu.
“There is a shortfall in Biligundlu... There should be some consideration as to why my backlog should not be cleared,” Vaidyanathan told the Bench.
Tamil Nadu had earlier sought a direction from the CWRC and CWMA for Karnataka to release 1.9 TMC of water every day from August 24 to September 7. The demand was intended to meet the immediate requirement while also clearing the accumulated deficit under the pro-rata formula.
The CWMA, however, only directed Karnataka to ensure 9,000 cusecs per day between August 25 and September 8. It did not direct Karnataka to make good the accumulated shortfall.
Tamil Nadu has challenged this approach, arguing that the CWMA failed to consider the requirement for pro-rata releases during distress years under the scheme framed under Section 6A of the Inter-State Water Disputes Act, 1956.
The Supreme Court on Monday, August 31 said Tamil Nadu would have to challenge the CWMA’s decision if it wanted water over and above the amount directed by the authority.
“You want water. They [Karnataka] are releasing. The decision of CWMA has to be challenged,” the Bench told Vaidyanathan.
Vaidyanathan said Tamil Nadu had already sought a review of the CWMA’s August 25 decision on August 27 and urged the court to direct the authority to reconsider its demand.
The Bench noted that the matter was already before the statutory authorities. It also pointed out that the CWRC meets every 15 days and passes orders after hearing the states.
“The next order of the CWMA may also be passed in a similar manner after taking into consideration the parties’ submissions,” the Bench said.
The court directed both states to place subsequent developments on record and posted the matter for hearing on September 15.
