The Supreme court will hold hearing on September 6 on claim and counter claim by Tamil Nadu and Karnataka on the release of Cauvery river water in pursuance to the Cauvery Water Tribunal Award as modified by the top court by its February 16, 2018.

As the matter was posted for hearing on September 6, a bench of Justice BR Gavai and Justice Prashant Kumar Mishra was informed that in pursuance to its (top court) August 25, direction, the Cauvery Water Management Authority (CWMA) has submitted its report relating to the compliance of Authority’s August 11, direction by Karnataka to release water so that 10,000 cusecs of water is realized at Biligundulu, Tamil Nadu.

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Telling the bench that CWMA has already filed its report and in its August 29, meeting, the CWMA, has also directed the Karnataka to release 5000 cusecs of Cauvery water to be released at Biligundulu for next 15 days starting August 29 (08.00 AM), senior advocate Shyam Divan urged the bench to list the matter on September 11.

Divan appeared for Karnataka.

However, this was opposed by Tamil Nadu with senior advocate Mukul Rohatgi, appearing for Tamil Nadu, requesting the bench to hear the matter on Tuesday – September 5 or Wednesday – September 6.

Justice Gavai is part of a five-judge constitution bench that is hearing a batch of petitions challenging abrogation of Article 370 and the bifurcation of erstwhile State of Jammu & Kashmir into two Union territories – J&K and Ladakh.

The constitution bench is likely to conclude the hearing by lunch on September 6. Thus, the court posted for hearing the Cauvery water allocation row on September 6.

The Cauvery Water Management Authority has on Thursday – August 31 – 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 from August 12 to August 26.

The CWMA has said this in an affidavit in response to August 25 Supreme Court direction asking the Authority 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 has also informed the Supreme Court that as per the decision taken in its 23rd meeting held on August 29, Karnataka has been directed to “ensure the realisation of the flows at Biligundulu 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 per cent 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 Karnataka government to make up for 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.”