Lok Sabha Question No. 3442 (UNSTARRED), answered on 2018-03-15
Subject: Cauvery Water Dispute
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: JANARDAN MISHRA

## GOVERNMENT OF INDIA MINISTRY OF WATER RESOURCES, RIVER DEVELOPMENT & GANGA REJUVENATION

## LOK SABHA

## UN STARRED QUESTION NO. †3442 ANSWERED ON 15.0 3.201 8

## CAUVERY WATER DISPUT E

## †3442. SHRI JANARDAN MISHRA

Will the Minister of WATER RESOURCES, RIVER DEVELOPMENT AND GANGA REJUVENATION be pleased to state:

- (a) whether Supreme Court has given any verdict on Cauvery water dispute;
- (b) if so, the details thereof;
- (c) the names of the States between which the Cauvery water dispute is mainly there; and
- (d) the legal efforts made to resolve this dispute so far?

## ANSWER

## THE  MINISTER  OF  STATE  FOR  WATER  RESOURCES, RIVER  DEVELOPMENT  AND  GANGA REJUVENATION & PARLIAMENTARY AFFAIRS

## ( SHRI ARJUN RAM MEGHW AL )

- ( a) Yes,Madam. Supreme Court has given its verdict on Cauvery Water Dispute on 16.02.2018.
- ( b) The highlights of the verdict is attached at Annexure - I .
- ( c) Cauvery water dispute is among the States of Tamil Nadu, Karnataka, Kerala and UT of Pudu (Pondicherry).

(d)The Cauvery Water Disputes Tribunal (CWDT) was constituted by the Government of Indi nd June 1990 to adjudicate the water dispute regarding inter - state river Cauvery and the river valley t among  the  States  of  Tamil  Nadu,  Karnataka,  Kerala  and  UT  of  Puducherry  (then  Pondich Tribunal passed an Interim Order in June, 1991. The I nterim Order was not acceptable to Karnataka subsequently passed an Act in the same year to nullify the effect of Interim Order. The P made a reference to the Supreme Court under Article 143(1) of the Constitution on the var s of Interim  Order  and  validity  of  the  above  Act.  The  opinion  of  the  Supreme  Court  became November,  1991  and  thereafter  the  Interim  Order  was  published  in  the  Official  Gazette. Water Disputes Tribunal submitted its reports and deci sio  under Section 5 (2) of Inter - State River Water Disputes Act, 1956 to Government on 5 th February, 2007. The party States and the Central Governm sought clarification and guidance under Section 5(3) of the Act. Further, the party Stat ed SLPs under Article 136 (1) of the Constitution in the Supreme Court against the report an Cauvery Water Disputes Tribunals. Maintainability of these Civil Appeals were taken up by the Court from September, 2016 onwards and was u pheld in December, 2016. The Supreme Court pronounc its verdict in above Appeals on 16.02.2018. Supreme Court has slightly modified the ord Water Dispute Tribunal (CWDT) published in year 2013. Supreme Court in its verdict has i share of Karnataka from 270 TMC to 284.75 TMC and reduced the share of Tamil Nadu to 404 from 419 TMC. Supreme Court has also directed Central Government to frame a scheme to impl award within a span of six weeks.

Annexure refer red to in reply to part ( b) of the Unstarred Q.No. † 3442 to be answered in Lok Sabha on 15.03.2018 regarding ' Cauvery Water Dispute '

## HIGHLIGHTS OF THE SUPREME COURT ORDER DATED 16.02.2018 IN RESPECT OF

## CAUVERY WATER DISPUTE TRIBUNAL AWARD

- Supreme Court upheld the 1892 and 1924 Agreements between erstwhile Princely State of M the State of Madras. (ref: page 458 of SC Order)
- Supreme Court has held that waters of an inter - state river passing through corridors of the ripar constitute a national asset and no single State can claim exclusive ownership of water. (ref: page 460 of SC Order)
- Drinking water requirement of the overall population of all the States has to be pla pedestal. (ref: page 461 of SC Order)
- Supreme  Court  revisited  the  water  allocated  by  Cauvery  Water  Dispute  Tribunal  (CWD Karnataka  and  Tamil  Nadu.    It  has  enhanced  the  allocation  to  Karnataka  by  14.75 consequently  reduced  14.75  TMC  of  water  from  the  allocation  of  Tamil  Nadu  St ate.    Allocation  to Kerala  and  Pondicherry  has  not  been  changed.  This  14.75  TMC  consists  of  10  TMC  on  a availability of ground water in Tamil Nadu and 4.75 TMC for drinking and domestic pur city of Bengaluru.  Accordingly, 14.75 TMC of water would be deducted from the quantum allocate the Tribunal to Tamil Nadu. (ref: page 448 of SC Order)
- Final allocation of the Cauvery water as per Supreme Court Order in respect of four bas under: (ref: page 448 - 49 of SC Order)
- As a consequence, the State of Karnataka would now be required to make available at t -state border with Tamil Nadu, i.e., at Billigundulu, 177.25 TMC (192 -14.75) of water for the basin. (ref: page 449 of SC Order)
- In  view  of  the  reduction  in  the  quantum  of  water,  now  required  to  be  released  by Billigundulu, there would be a proportionate decrease in the monthly releases as wor Tribunal. (ref: page 451 - 52 of SC Order)
- Supreme Court directe d that a scheme shall be framed under Section 6A of the ISRWD Act, 195 Central Government within a span of six weeks from the date of its Order (i.e. 16.02.201 the Tribunal's Award further modified by them.  The  Court further stated that no extension shall b granted for framing of the scheme on any ground. (ref: page 457 of SC Order)
- Allocation made to the basin States would be utilized for the purpose earmarked and (ref: page 464 of SC Order)
- Supreme Court found that othe r findings of the Tribunal are in order.
- The recommendations/directives of the Tribunal with regard to the monthly releases are period of 15 years. (ref: page 463 - 64 of SC Order)

| Karnataka                | :     | 284.75 TMC (270 + 14.75)   |
|--------------------------|-------|----------------------------|
| Tamil Nadu               | :     | 404.25 TMC(419 - 14.75)    |
| Kerala                   | :     | 30 TMC                     |
| UT of Pondicherry        | :     | 7 TMC                      |
| Environmental Protection | :     | 10 TMC                     |
| Inevitable escape into   | sea : | 4 TMC                      |
| Total                    | :     | 740 TMC                    |