Supreme Court Seeks Report on Cauvery Water Supply to Tamil Nadu

The Tamil Nadu government moved an application before the Supreme Court, seeking a directive to the Karnataka government to release 24,000 cusecs per day of Cauvery river water from its reservoirs.

The apex court responded by requesting a report from the Cauvery Water Management Authority (CWMA) to examine whether Karnataka had adhered to the authority's order of releasing 10,000 cusecs per day of Cauvery river water to Tamil Nadu from August 12 to August 26.

The bench, led by Justice Bhushan R Gavai, acknowledged its lack of expertise in such matters and directed the central government to communicate its directive to CWMA. The report is expected to be submitted by September 1, the next scheduled hearing date.

The bench noted that both states had differing viewpoints. While Karnataka claimed that CWMA's orders were unfavorable to its interests and had sought a review of the August 11 order, Tamil Nadu asserted that the water allotted was insufficient and had requested an increase in quantity.

During the hearing, the Tamil Nadu government orally requested an interim order for Karnataka to continue releasing at least 10,000 cusecs of water per day. However, the bench denied this request after the Central government informed them of an upcoming meeting of the Cauvery Water Regulation Committee (CWRC) on August 28.

Upcoming Discussions

The Additional Solicitor General, Aishwarya Bhati, representing the Centre, informed the bench that an interim arrangement regarding water release for the next 15 days would be discussed in the upcoming CWRC meeting. The matter would then move to the CWMA, a statutory body responsible for implementing the Cauvery Water Disputes Tribunal's decisions.

The bench suggested that both states should approach the regulatory authority to address their water requirements, as it possesses experts in the field. The bench emphasized that it lacked expertise in such matters and could only rely on the arguments presented by both parties.

Arguments from Both Sides

Senior counsel Mukul Rohatgi and PS Wilson appeared for the Tamil Nadu government, arguing that even after accounting for reduced rainfall, there was still a significant shortfall. They claimed that the CWMA's decision to decrease water quantity from 15,000 cusecs to 10,000 cusecs per day in its August 11 order adversely affected Tamil Nadu's standing crops. On the other hand, senior lawyer Shyam Divan represented the Karnataka government, contending that even 10,000 cusecs per day was excessive for Karnataka to share.

Karnataka's Stand

The Karnataka government filed an affidavit opposing Tamil Nadu's plea for the release of 24,000 cusecs per day of Cauvery river water from its reservoirs. Karnataka argued that the demand was based on an erroneous assumption that the current water year was normal, despite facing a distressed water year due to the failure of the southwest monsoon.

Historical Dispute

The Cauvery water-sharing issue has a long history of contention between Karnataka and Tamil Nadu, stemming from agreements in 1892 and 1924. The matter was escalated to the CWDT in 1990, followed by a Supreme Court ruling in February 2018 that provided directions on water sharing. Subsequent to this, CWRC and CWMA were established to implement the decisions. Karnataka is obligated to provide 177.25 TMC of water to Tamil Nadu in a 'normal' water year, with specific allocations for different periods.

Pending Resolution

The Supreme Court's pursuit of a report from CWMA reflects its commitment to resolving the complex Cauvery water-sharing issue and ensuring that the stipulated releases are adhered to, ultimately aiming to maintain harmony between the two southern states.

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