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CHENNAI: Chief Minister C Joseph Vijay has written to Prime Minister Narendra Modi, urging the Union government to withdraw its recent reply in the Rajya Sabha on the proposed Mekedatu dam project, contending that it overlooks settled legal principles governing inter-State river water disputes.
In his letter, the Chief Minister objected to the statement made by the Union Minister of State for Jal Shakti that the Supreme Court's February 16, 2018, judgment does not expressly require Karnataka to obtain the consent of lower riparian States for constructing any structure across the Cauvery. Vijay said the minister’s reply failed to reflect the prevailing legal position and established principles governing the rights of downstream States.
Citing the Constitution Bench judgment in the Alamatti case between Karnataka and Andhra Pradesh, the Chief Minister said the Supreme Court had held that the consent of lower riparian States is essential before undertaking projects on inter-State rivers that could affect downstream interests.
He also referred to the Cauvery Water Disputes Tribunal (CWDT) award and the Supreme Court's 2018 judgment upholding it, arguing that any project capable of altering the regulated flow of the Cauvery must be examined for its consistency with the tribunal's directions.
He noted that the CWDT award prohibits upper riparian States from affecting scheduled water releases without mutual agreement and consultation with the regulatory authority.
The Chief Minister also highlighted that the detailed project report for the Mekedatu project, submitted by Karnataka in 2019, had been returned by the Central Water Commission for revision to ensure compliance with the CWDT award and applicable guidelines.
Urging the Prime Minister to protect Tamil Nadu's rights over the Cauvery, Vijay requested that no statutory or administrative approval be granted to the Mekedatu project unless it is demonstrably consistent with the CWDT award and the Supreme Court's judgment.