Tuesday, October 16, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter THE WAR OF WATER! CAUVERY WATER DISPUTE, IS KARNATAKA A WATER VALVE FOR TN?

By Firoz.T.Totanawala
 
The Bangalore Metro Reporter

 

THE WAR OF WATER! 

CAUVERY WATER DISPUTE, IS KARNATAKA A WATER VALVE FOR TN? 

 The Cauvery water issue has raised its ugly head again with the Tamil Nadu demanding 2 TMC of water daily for a month. With the reservoirs in Karnataka almost half empty, there is no water to be released to TN which has sufficient water in Mettur to sustain the present crop. The Prime Minister Manmohan Singh, who is the Chairman of the Cauvery River Authority, had ordered release of 9000 cusecs of water from KRS to TN for political compulsions. The TN, as usual, has approached the Supreme Court which helped in receiving water from Karnataka. 

Ever since the nineteenth century, Karnataka is at the receiving end as far as Cauvery water is concerned. In 1924, the then British government imposed a Treaty on the state on water sharing with Tamil Nadu. In fact, it cannot be called a treaty but a sort of ‘conditions’ to the then Maharaja of Mysore who was under the control of “The Madras Government” and Madras was directly ruled by the British. 

 The so called 1924 Treaty expired in 1974 and since then the TN has not allowed fresh treaty or agreement. Instead at every occasion, it approaches the Supreme Court and gets favourable orders. Besides, the regional parties of TN - DMK or AIADMK are good influence as they have shared power at the centre with the ruling party. 

 V.P.Singh, the then Prime Minister, on the directions of the Supreme Court, constituted the Cauvery Water Tribunal to decide the issue and fix the water share. The Tribunal issued an interim order in 1991 directing the state to release 205 TMC of Cauvery water to TN every year and also fixed a weekly time table for water release. But, what if there is no water in the State reservoirs? The Tribunal directed the state to compensate by releasing ‘arrears’ of water in the next weeks! And what if the state releases excess water? The tribunal simply said “it is not its concern”! 

 The rest is history. The Tribunal gave its final verdict which is most favourable to the TN. As long as there is sufficient rain and water, there were no problems. Only when the rain fails and there was no water in KRS, trouble would begin with TN claiming its share of water release even if it meant no water to our farmers and even for drinking! The Tribunal had provided some relief during failure of rain through a ‘distress’ formula to be decided by the CRA that is Cauvery River Authority Chaired by the PM. But this is more of a political committee. 

 The Tribunal has also restricted the area of irrigation in the state and also the crop pattern. But, while our state farmers can grow one crop a year, the TN has no restriction and grows three crops a year. Further, it receives good rains during October to December for its Samba Crop! While Karnataka has been restricted in continuing with the present area of irrigated land, the same does not apply to TN which has increased its irrigated lands many times in the last twenty years. The TN has people at strategic places in New Delhi who assist in safeguarding their interests. 

 For the Cauvery dispute, we are stuck up with the famous advocates for too long, despite knowing that they have not presented the state case effectively in the Tribunal and the Supreme Court. It may be recalled that it was on the advice of state’s counsel Nariman that the State was forced to release 5 TMC of water to TN when the KRS was at the rock bottom level. JH Patel was the CM then. 

 It is only this time; the state has shown the guts to walk out from the CRA meeting chaired by the PM where he ordered the state to release 9000 cusecs of water daily to TN till October 15th. Politically speaking, the PM needs the support of DMK for the survival of the UPA government which would fall otherwise. That is why the water release order was obvious. But, the KRS water reservoir is actually very low and has less than 25 TMC of water. 

 Now, the TN has already approached the Supreme Court again for direction to the state to release water to TN. It may be recalled that the SC had earlier ordered release of 9000 cusecs of water ever day till September 19th and the CRA was to decide the matter on 19th. And CRA under the Chairmanship of the Prime Minister had directed the state to release 9000 TMC water everyday till October 15th, for which the state has refused. The TN wants 2 TMC of water every day which comes to 60 TMC of water monthly! Can this be humanly or even divinely possible? 

 In fact, the SC had initially refused to hear the TN application on priority and asked it to mention it the next day. But, the next day, the TN counsel mentioned the petition and the SC not only readily agreed to hear the petition but also passed the order directing the state to release 9000 cusecs every day to TN till October 15th as ordered by the CRA. It castigated the state for defying the order of the Prime Minister. The SC had also taken to task the TN for demanding 2TMC water every day, which it said was unreasonable in the present situation. Then the state had to release 9000 cusecs of water every day, whether it likes or not. 

 Curiously, when the SC took up the TN application on priority, none of the senior counsels of the state were present except a junior lawyer. The leader of the lawyers team F.S.Nariman had ‘advised’ the state to release the water to TN immediately if he has to appear for the state in future. The state has already released water to TN thrice in the past when there was no water, on the advice of Nariman. The protests, agitations, bundhs etc. does not do any good and that is a hard reality. It is only legal battle that can undo the damage. 

 Whatsoever, Cauvery takes birth in Karnataka and flows in majority of areas in the state and it is barred from using the water. It has to release water to TN, whether it has sufficient water or not. To put in simply, Karnataka has been used by the TN and the central government to function as a ‘Valve man’ for TN as far as Cauvery is concerned! 
That is all!

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