Supreme Court on Cauvery-South Vellar Link Project

The delay in approval of the Cauvery-South Vellar Link Project has led to disputes between Tamil Nadu and Karnataka, particularly regarding water rights and resource allocation.

Key Highlights of the issue

• Karnataka expressed concerns over Tamil Nadu’s decision to proceed with laying the foundation stone on February 21, 2021, without proper clearance from the Centre, terming it a violation of federal principles.
• Tamil Nadu claimed the project is focused on utilizing surplus floodwater and does not infringe upon Karnataka’s share of the Cauvery water.
• The Supreme Court noted that the Union Government has not yet granted in-principle approval to the Cauvery-South Vellar Link project.
• The Supreme Court dismissed Karnataka’s application seeking an interim injunction against Tamil Nadu.
• The order emphasized that the Centre’s clearance remains pending making Karnataka’s request premature.

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Request by Tamil Nadu Government 2021

• In-principle approval for the Cauvery-South Vellar Link Project.
• The declaration of the Cauvery-Vaigai-Gundar Link project as a national project.

About Cauvery-South Vellar Link Project

• Purpose: To divert surplus floodwater from the Mettur Dam in Tamil Nadu to dry tanks in the Sarabanga Basin in Salem district.
• The Tamil Nadu Chief Minister laid the foundation stone for the project in February 2021.
• Karnataka argued the project could negatively impact its water rights and citizens along the Cauvery River:
• • The project might divert Karnataka’s share of Cauvery water.
  • The South Vellar Link project may involve transferring excess water beyond the agreed limit of 483 TMC (thousand million cubic feet) at Biligundlu.
  • Karnataka urged the Centre to withhold clearance for the project and requested that the Gundar Link project not be declared a national project.

About the Cauvery River

• Significance: Known as ‘Ponni’ in Tamil, it is considered sacred and is often referred to as the Dakshina Ganga (Ganges of the South).
• Origin: Talakaveri in the Brahmagiri Hills, Western Ghats, Karnataka.
• Flow: Southeast direction through Karnataka and Tamil Nadu; descends the Eastern Ghats and drains into the Bay of Bengal.
• Tributaries:
• • Left Bank: Arkavathi, Hemavathi, Shimsa, Harangi.
  • Right Bank: Lakshman Tirtha, Kabini, Suvarnavathi, Noyil, Bhavani, Amaravathi.
• Protected Areas in the Cauvery Basin: Nagarhole National Park, Wayanad Wildlife Sanctuary, Sathyamangalam Tiger Reserve.

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About the Vellar River

• Origin: Servarayan Hills, Eastern Ghats.
• Flow: Passes through Salem, Perambalur, and Cuddalore districts in Tamil Nadu before draining into the Bay of Bengal.
• Tributaries: Manimuktha River, Chinnar River, Vasishta Nadi.

About the Cauvery-Vaigai-Gundar Link Project

• The project involves linking the Cauvery River with the Vaigai and Gundar Rivers to address water shortages in southern Tamil Nadu.

Constitutional Provisions for Inter-State River Disputes

• State List (Entry 17): Covers water supply, irrigation, canals, drainage, and hydroelectric power.
• Union List (Entry 56): Empowers the Union Government to regulate and develop inter-state rivers and river valleys.
• Article 262: Provides for adjudication of disputes related to the use, distribution, and control of inter-state rivers.
• Inter-State Water Dispute Act, 1956: The Act allows the Centre to constitute a tribunal if disputes arise between states.
• 2002 Amendments:
  • Mandated a one-year timeframe to establish a tribunal.
  • Tribunal decisions must be delivered within three years
• Judicial Oversight: The Supreme Court cannot question the award or formula decided by a tribunal but can review the tribunal’s functioning.

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