Karnataka released Cauvery water at Biligundlu in compliance of direction, SC told

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The Cauvery Water Management Authority (CWMA) on Thursday told the Supreme Court that Karnataka has complied with its August 11, 2023, direction by releasing a total of 149898 cusecs of water at Biligundulu, Tamil Nadu from August 12 to August 26.

The CWMA has stated this in an affidavit, it has filed today in response to August 25 Supreme Court direction asking it to submit a report whether Karnataka has complied with its August 11, 2023, direction to release 10,000 cusecs of Cauvery River water to Tamil Nadu or not.

The CWMA in its affidavit has stated that at the CWMA meeting held on August 29, Karnataka has informed that in compliance of CWMA’s August 11 direction to released 10,000 cusecs of Cauvery water, it (Karnataka) has complied with its direction by releasing a total of 149898 cusecs of water at Biligundulu from August 12 to August 26.

Observing that it does not have expertise on such matters, a bench of Justice B.R. Gavai, Justice Pamidighantam Sri Narasimha and Justice Prashant Kumar Mishra on August 25, had asked the CWMA to file a report whether Karnataka has complied with its August 11 direction to release 10,000 cusecs of Cauvery water to Tamil Nadu at Biligundulu.

The CWMA in its affidavit has given a table of releases of Cauvery water by Karnataka from August 12 to August 26 – totalling 149898 cusecs.

The CWMA has further informed the Supreme Court that as per the decision taken in the 23rd meeting of CWMA held on August 29, the CWMA has directed Karnataka “to “ensure the realisation of the flows at Bilgundulu at the rate of 5000 cusecs, starting from 29.8.2023 (08.00 AM) for the next 15 days.”

In the last hearing held on August 25, while Karnataka has sought reduction in the allocation of water to Tamil Nadu citing distress on account of inadequate rainfall and Tamil Nadu has sought enhancement in its allocation to irrigate and save its standing crops.

Opposing the Tamil Nadu’s application for the release of Cauvery water to realise its share of allocation for the second half of August (August 14 to August 31), the Karnataka government has said that the Tamil Nadu’s application is based on the assumption that this year the rain fall was normal but that was not so.

Karnataka government has said that Tamil Nadu seeking direction for the release of 36.76 TMC (thousand million cubic feet) of water in September has no legal foundations as the release of such quantity of water is stipulated only in a normal water year and not in a distress water year – which this year is.

Stating that the Tamil Nadu application is based on “erroneous assumption” that this year is the normal rain water year, Karnataka government has told the top court that upto August 9, the shortfall in the rains is by 25%, consequently the inflow of water in four reservoirs in the State was lesser by 42.5 % as recorded by the
Cauvery water Management Authority.

“During this water year the south-west
monsoon has largely failed so far. Due to the failure of the southwest monsoon, the distress condition has arisen in the Cauvery basin in Karnataka. Karnataka, therefore is not obliged to and it cannot be compelled to ensure water as per the stipulated releases prescribed for the normal year,” states the affidavit by Karnataka government.

Besides seeking direction for the release of 24,000 cusecs of water at Biligundulu, Tamil Nadu has sought direction to Karnataka government to ensure the stipulated releases of 36.76 TMC of water for September 2023 as per the Cauvery Water Tribunal Award as modified by the top court judgment of February 16, 2018.

Tamil Nadu has sought further direction to the Karnataka government to make good the shortfall of 28.849 TMC of water for the current irrigation year starting from June 1, 2023 to July 31, 2023.

It has further sought direction to the Cauvery Water Management Authority (CWMA) to ensure that the quantum of Cauvery water that Karnataka has to release to Tamil Nadu are fully implemented and the stipulated monthly releases during the remaining period of the current water year are fully given effect.

Tamil Nadu in its application has said that the “deficit in supply at Biligundulu as on 09.08.2023, which was 37.971 TMC has to be ensured in addition to the demand of around 24,000 cusecs, in the month of August, 2023, is required to save the standing crops.

Pointing out that the CWRC in its 84th meeting on August 10, 2023, had directed Karnataka to release from its reservoirs so that 15,000 cusecs of water is released at Biligundulu from August 11, 2023 f(from 08.00 am) or next 15 days, Thamil Nadu said that “Unfortunately, even this quantum of water was arbitrarily reduced to 10,000 cusecs by the CWMA in its 22nd meeting held on 11.08.2023, at the instance of Karnataka.”

“Regretfully, even this amount of 10,000 cusecs to be ensured at Biligundulu by releasing such quantum of water from the KRS and Kabini reservoirs has not been complied with by the State of Karnataka ”, says the petition by Tamil Nadu.

Tamil Nadu has stated that “Karnataka is duty bound to release the Cauvery water to Tamil Nadu as per the Final Order passed by the Tribunal as modified by this Hon’ble Court. Karnataka has been directed daily/monthly release during the months of June to January and thereafter from February to May for meeting the environment flows. In the current water year.”

The matter is likely to come up for hearing tomorrow – September 1 as directed on August 25, 2023.