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
- 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.
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- 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:
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- 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
- 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)
- Origin: 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.