50-year tussle for Tamil Nadu’s right to water

Passions had run high over the dispute leading to riots in Karnataka, and a string of protests including hunger protest by even a sitting Chief Minister J Jayalalithaa. 

Besides being the lifeline of both states, the river is closed associated with the culture, ancient literature and pride of people in both the states. From 573 tmc in 1972, Tamil Nadu’s share has come to 177.25 tmc in the final verdict. The dispute began when Karnataka claimed that the agreement signed in 1924 between the Madras Presidency and Mysore would lapse in 1974, as it should be renewed after 50 years. 

When the DMK came to power in 1967, the then PWD minister M Karunanidhi started negotiations with Karnataka in this regard. The negotiations continued for more than a decade, but in 1986, Chief Minister MGR broke it, and a farmers’ association with his backing moved the Supreme Court demanding the constitution of a tribunal to resolve the dispute. 

The apex court ordered the constitution of a tribunal in 1990, and the Cauvery Water Disputes Tribunal was formed by the VP Singh government. It delivered the interim verdict in 1991 allocating 205 tmc of water, but Karnataka refused to accept it and passed an ordinance. Jayalalithaa held a fast in 1993 demanding water release from Karnataka. But instead of bringing water to Tamil Nadu, it only resulted in bloodshed as tempers ran high in Karnataka resulting in riots against Tamils there. 

Hundreds had to return to Tamil Nadu following the violence. The violence repeated when the tribunal gave its final order in 2007 reducing the share of Tamil Nadu from 205 tmc to 192 tmc. 

Karnataka refused to accept it, and the Centre published it in the gazette only after the Supreme Court order in 2013. However, Tamil Nadu’s battle continued as Karnataka continued to defy the tribunal verdict and the Centre refused to form the Cauvery Management Board. 

The court had also ordered the formation of Cauvery Management Board and Cauvery Water Regulation Committee, two neutral bodies to ensure water release to Tamil Nadu, but the allocation fell below the requirements for the three seasons - samba, kuruvai and thaladi.  

Besides, the validity of British era agreements between the Madras Presidency and Mysore state in 1892 and 1924 have been upheld by the apex court. Both agreements bar Karnataka from building dams across the Cauvery without Tamil Nadu’s consent. 

Upholding the continuity of pre-Independence agreements has great significance  for Tamil Nadu as there are similar agreements over other water bodies and rivers like the Palar and Thenpennai.

The Supreme Court’s final verdict reducing water share to the state was disappointing, said Chief Minister Edappadi K Palaniswami, promising to consult legal experts while also pursuing all the positive aspects in the verdict for farmers’ welfare.

“It is unfortunate that the apex court had weighed in the ground water level to reduce the water share for Tamil Nadu. The groundwater level pegged at 20 tmc is calculated in contravention to the award by the Tribunal, which had earlier ruled that groundwater should not be factored while determining the water needs of the basin,” Palaniswami said in an official statement. 

He welcomed the court’s decision on fixing a sixweek timeframe to roll out a definite programme to setup the Cauvery Management Board. “The court has said it would not extend any further time at any cost. This is a victory for the AIADMK government,” Palaniswami said. 

The Chief Minister also welcomed the court’s observation on viewing inter-state rivers as national resources, and it upholding the validity of pre-Independence pacts signed in 1892 and 1924. The court has directed Karnataka to release water every month for the next 15 years as per the award of the Tribunal, he pointed out. 

Chiding opposition leaders MK Stalin and Durai Murugan for charging that the state has forgone its rights, he detailed the origin of the crisis and the crucial role played by the party’s founder MGR and late leader J Jayalalithaa. 

Palaniswami also blamed the DMK of having failed to renew the water sharing agreement in 1974, besides remaining a mute spectator while Karnataka built new dams over Kabini. “It was during the DMK regime that Tamil Nadu lost its rights,” added the Chief Minister.