Cauvery dispute: Difficult to meet TN's demand on shortfall as it's difficult year, Karnataka to SC

NEW DELHI: The Karnataka government told the Supreme Court on Monday (October 12) that it will be difficult to meet Tamil Nadu's demand for the release of 11 thousand million cubic (TMC) feet of Cauvery river water for making good a "shortfall" as this was a rain-deficit year and several areas have been declared drought-affected.

On the other hand, the Tamil Nadu government said it is only seeking its legitimate pro-rata share in the flows realised during the distress period, together with the backlog due to it, and the entire burden of meteorological and hydrological distress cannot be passed on to the lower riparian state, while Karnataka continues to utilise the available storage and inflows for irrigation and other requirements.

A bench of Justices Vikram Nath and Aapresh Kumar Singh reserved its decision on a fresh application of the Tamil Nadu government, seeking directions to Karnataka to make sure that the backlog of 11 TMC of Cauvery water as on October 7 is cleared immediately and ensure the same at the rate of 1.3 TMC per day in 10 days at Billigundulu, a key water-measuring station on the banks of the river along the Karnataka-Tamil Nadu border.

Senior advocate Shyam Divan, appearing in the court for the Karnataka government, told the bench that this has been a very difficult year and several areas have been declared drought-hit.

"We have to ensure conservation of water so that the drinking water supply in residential areas is not affected," he said.

Divan further said Tamil Nadu has the benefit of the northeast monsoon in November, when its reservoirs will be replenished, while it will not help Karnataka.

"Every distress year, this has been the problem," he said, adding that there has been proper application of mind by the Cauvery Water Management Authority (CWMA) at its 59th meeting held on October 8, in which it directed Karnataka to release 3,000 cusecs of Cauvery water at Billigundulu from October 9 for the next 15 days.

Senior advocate Mukul Rohatgi, appearing in the court for the Tamil Nadu government, said Karnataka be directed to release the shortfall on a pro-rata basis, else crops in Tamil Nadu will be affected this year.

The bench asked how can the backlog of water be cleared when there was scarcity of rainfall this year and both the states were affected.

"Had it been a normal year, things would have been different," Justice Nath observed.

Rohatgi said this cannot wait for another year as farmers in Tamil Nadu are facing a tough time and urged the court to at least make some interim arrangement.

In its plea filed through standing counsel B Karunakaran, the Tamil Nadu government said at a meeting held on September 24, the Cauvery Water Regulation Committee (CWRC), based on the percentage of deficit, found that the flow realised at Billigundulu should have been 52.935 TMC and that there is a shortfall in the realisation of flows.

"In spite of noting the said deficit, the CWRC did not take any decision with regard to directing Karnataka to make good the shortfall and proceeded to reduce the flows from 6,000 cusecs to 4,000 cusecs. The CWRC directed Karnataka to ensure releases from its reservoirs so that 4,000 cusecs are received at Billigundulu in the next 15 days (effective September 24)," it said.

Giving the data of water release, the Tamil Nadu government said even then, Karnataka did not adhere to the CWRC's directions and failed to ensure 4,000 cusecs every day.

It pointed out that Tamil Nadu's share in this distress year has to be decided on a pro-rata basis but the CWMA, even after eight years since its constitution, has failed to formulate the distress formula -- a formula to share water during distress years, without any ambiguity or unfair treatment to a particular state.

It said the water directed to be released by the CWMA -- 4,000 cusecs at Billigundulu for 15 days starting September 24 and 3,000 cusecs from October 9 -- is grossly inadequate and does not redress the substantial backlog already accumulated.

The Tamil Nadu government said on October 8, the CWRC did not take any decision with regard to directing Karnataka to make good the shortfall and proceeded to reduce the flows from 4,000 cusecs to 3,000 cusecs effective October 9.

It sought directions to the Karnataka government to ensure and implement the CWMA's decision dated September 24 and make good the shortfall of 0.94 TMC towards the non-supply of water for the period from September 24 to October 7, and further flows as directed by the CWMA in its minutes dated October 8.

On September 24, the court asked the Karnataka government to respond to Tamil Nadu's plea seeking the release of its share of Cauvery water, alleging a shortfall in supply.

While the Tamil Nadu government told the court that it has already lost an early Kharif crop due to the lack of water, Karnataka said it is facing a "terrible drought situation".

The Tamil Nadu government approached the apex court on August 3, seeking directions to Karnataka for the immediate release of the water.

In its plea, Tamil Nadu has claimed that the quantum allocated to it by the CWRC as well as that released by its neighbour, Karnataka, is very little.