The Cauvery-water sharing issue

Why in the News?

The Tamil Nadu (TN) government has sought the Supreme Court’s intervention to make Karnataka (KA) release 24,000 cubic feet per second (cusecs) from its reservoirs immediately and also direct the latter to release 36.76 TMC as per Cauvery Water Disputes Tribunal (CWDT)’s final award of February 2007 that was modified by the SC in 2018.

News in Detail:

1. KA has agreed to release only 8,000 cusecs of water in contrary to 15,000 cusecs for 15 days agreed in the CWRC meeting, which led to the TN govt to approach the SC.
2. Karnataka has cited the issue of low rainfall in the Cauvery catchment area including in Kerala that has resulted in poor inflow to its own reservoirs and refused to accept the distress-sharing formula of TN.
3. TN currently has only about 20 TMC of water stored in the Mettur reservoir and will last only for 10 days, while sufficient water at least for 1 more month is required for the standing short-term crop, Kuruvai.

About:

Inter-States Water Disputes:

Article 262 of the Constitution: Deals with adjudication of inter- state water disputes

1. A law can made by the Parliament to deal with adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.

2. Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

The Parliament has enacted two laws under the given Constitutional provisions:

1. The River Boards Act, 1956:
   • Provides for the establishment of river boards for the regulation and development of inter-state river and river valleys.
   • A river board is established by the Central government on the request of the state governments concerned to advise them.
2. The Inter-State Water Disputes Act, 1956:
   • The Central government has been empowered to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.
   • The decision of the tribunal is final and binding on the parties to the dispute.
   • Neither the SC nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.
   • So far (2019), the Central government has set up nine Inter-State Water dispute tribunals.