Cauvery Water Dispute

From June to September, the cumulative water release fell short of the prescribed quantum under the Cauvery Dispute Tribunal Award in only two of the past six years (excluding 2023-24).

Cauvery Water Dispute: Monsoon’s Impact on Water Release Compliance

Cauvery Water Dispute

  • Effect of monsoon : An overview of the water releases month-wise, since 2018, shows that the order under the Cauvery Dispute Tribunal Award was adhered to only when there was good monsoon.
  • Water Release Modifications in 2023-24: The Cauvery Water Management Authority (CWMA) and Cauvery Water Regulation Committee (CWRC) adjusted the water release quantum periodically in 2023-24.
  • Historical Dispute: The Cauvery Water Disputes Tribunal’s (CWDT) monthly water release schedule has been contentious since its interim order in June 1991.
  • Karnataka vs Tamil Nadu: Karnataka’s water release to Tamil Nadu has often been a focal point of disagreement, with disputes over adherence to the CWDT’s prescribed quantities.

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About Cauvery Water Dispute

  • Dispute is related to a long-standing conflict over the sharing of water from the Cauvery River.
  • Parties to disputes: 3 states and one Union Territory, Tamil Nadu, Kerala, Karnataka and Puducherry.
  • Dispute revolves around how the river water should be distributed among these states for various uses including irrigation, drinking water, and industrial purposes.

Inter-State Water Dispute Act, 1956

  • It is an Act to provide for the adjudication of disputes relating to waters of inter-State rivers and river valleys. 

Provisions under the act:

  • In case, if a particular state or states approach the Centre for the constitution of the tribunal, the Central Government should try to resolve the matter by consultation among the aggrieved states.
  • In case, if it does not work, then it may constitute the tribunal.
    • 2002 Amendments Mandated a one-year time frame to set up the water disputes tribunal and also a 3-year time frame to give a decision.

Formation of Cauvery Water Disputes Tribunal

  • Cauvery Water Disputes Tribunal (CWDT) was formed in June 1990 in accordance with Section 4 of the Inter-State Water Disputes Act, 1956 which decided the Water Sharing arrangements known as Cauvery Dispute Tribunal Award.
  • Appeal against Tribunal awards: Tamil Nadu government had approached the Supreme Court (SC) with the special leave petition under Article 136.
  • Outcome of the Appeal:
    • SC largely upheld the water-sharing arrangements finalised by the CWD.
    • Directed the Centre to notify the Cauvery Management Scheme
    • Constituted the ‘Cauvery Water Management Authority’ (CWMA) & ‘Cauvery Water Regulation Committee’ (CWRC) to give effect to the decision.

Constitutional Provisions for Inter-State River Disputes

Cauvery Water Dispute

  • Entry 17 of the State List: Deals with Water, Water supply, irrigation, canal, drainage, embankments, water storage and hydro power.
  • Entry 56 of the Union List: Empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
  • According to Article 262 in case of disputes relating to waters:
    • Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of any inter-State River or river valley.
    • Parliament may by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.
  • Judicial Review: Supreme Court shall not question the Award or formula given by tribunal, but it can question the working of the tribunal.

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About Cauvery River

  • It is also known as ‘Ponni’ in Tamil and is a sacred river of southern India.
    • Often called the Dakshin Ganga (the Ganges of the South) 
  • Cauvery Water DisputeOrigin: Rises at Talakaveri in the Brahmagiri Hill of the Western Ghats in southwestern Karnataka state
  • Flows in southeasterly direction through the states of Karnataka and Tamil Nadu.Descends the Eastern Ghats in a series of great falls.
  • Drains into Bay of Bengal through Pondicherry.
  • Tributaries of the Kaveri include:
    • Left Bank Tributary: Arkavathi, Hemavathi (origin in western Ghats joins the river Kaveri near Krishnarajasagar), Shimsa, and Harangi.
    • Right Bank Tributary: Lakshman Tirtha, Suvarnavathi, Noyil, Bhavani, Kabini (originates in Kerala and flows eastward and joins the Kaveri at Tirumakudal, Narasipur) , and Amaravathi.
  • Protected areas in Cauvery Basin:Nagarhole National Park, Wayanad Wildlife Sanctuary and Sathyamangalam Tiger Reserve.

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