Cauvery river dispute - Analysis

Cauvery  is the one of the  large Indian river. The origin of the river is at Talakaveri, Kodagu in Karnataka, flows generally south and east through Karnataka and Tamil Nadu and across the southern Deccan plateau through the southeastern lowlands, emptying into the Bay of Bengal through two principal mouths in Poompuhar, Tamilnadu.

Cauvery Basin:

The Kaveri basin is estimated to be 81,155 square kilometres (31,334 sq mi).

• Tributaries: Shimsha,  Hemavati,  Arkavati, Honnuhole, Lakshmana Tirtha, Kabini, Bhavani River, the Lokapavani, the Noyyal and theAmaravati River. 
• The river's basin covers four states and Union Territories, as follows: Tamil Nadu, 43,856 square kilometres (16,933 sq mi); Karnataka, 34,273 square kilometres (13,233 sq mi); Kerala, 2,866 square kilometres (1,107 sq mi), and Puducherry, 160 square kilometres (62 sq mi).

What is the dispute?

The Cauvery basin covers a large expanse of land including major chunks in Karnataka and Tamil Nadu and also smaller areas in Kerala and Puducherry. Initially, the dispute was between Karnataka and TN but later Kerala and Puducherry also entered the fray. 

Pre-Independence efforts:

The issue dates back to 1892 when an agreement was filed between Madras Presidency and Mysore for arbitration but led to a fresh set of disputes. Later, attempts were renewed to arbitrate between the two states under the supervision of Government of India and the second agreement was signed in 1924.

• According to the 1924 agreements the river water is distributed as 75% with Tamil Nadu and Puducherry, 23% to Karnataka and remaining to go to Kerala. Consequently, the arrangement also lead to the restrictions being put on the area that could be safely irrigated by both states using the Cauvery water.

Post-Independence efforts:

As Kerala and Puducherry also laid claim on the share of Cauvery water after India attained Independence, a Fact Finding Committee was set-up in 1970 to figure out the situation on ground. The committee submitted its report in 1972 and further studies were done by expert committee and the states reached an agreement in 1976. However, after a new government came to power in Tamil Nadu, it refused to give a consent to terms of the agreement paving way for further dispute.

Cauvery Waters Tribunal:

• Later in 1986, Tamil Nadu government appealed the Central government to constitute a tribunal for solving the issue under Inter-State Water Disputes Act, 1956. However, the tribunal was not set-up until Supreme Court took cognizance of the matter and ordered the Central government to do so in 1990. The Cauvery Waters Tribunal was constituted on June, 2, 1990.

            

2007 Verdict:

After 16 years of hearing and an interim order, the Tribunal announced its final order in 2007 allocating 419 tmc ft water to Tamil Nadu and 270 tmc ft to Karnataka. Kerala was given 30 tmc ft and Puducherry got 7 tmc ft. The Tribunal had come to a conclusion that total availability of water in Cauvery basin stood at 740 tmc ft. 

However, both Tamil Nadu and Karnataka filed a review petition before the Tribunal.

In 2012, Prime Minister Manmohan Singh, as chairman of Cauvery River Authority, directed the Karnataka government to release 9,000 cusecs of water daily. The Supreme Court slammed state government as it failed to comply with the order. The government offered an unconditional apology and started the release of water leading to widespread violent protests.

Why Karnataka doesn’t want to follow SC order now?

Tension over Cauvery water become intense when there is less rainfall. This had happened in 1991, 2001, 2012 and it is happening even now. Karnataka has faced continuous drought. For two seasons, farmers have not been able to grow rice. Shortage of water will put the standing crops in Karnataka’s Mandya district at risk, affecting everyone in Mandya, including some Tamils living in the district. At present, according to Karnataka government, the reservoirs in the Cauvery basin in Karnataka has only about 51 tmc of water. This may be sufficient only for the drinking water needs of people in south Karnataka and not enough for release to Tamil Nadu.

• Krishna Raja Sagar dam – the primary reservoir in the Cauvery basin – had only 37 per cent of the reservoir capacity at 18.28 tmc till September 6. If Karnataka releases the water, the Congress government in the state may face the ire of the farmers.

Contempt of court on Karnataka:

However, the issue kept troubling the region as Karnataka stopped the release of water again and Tamil Nadu government led by Chief Minister J Jayalalithaa decided to sue the Karnataka government for contempt of court. With the Karnataka government continuously failing to release the water to Tamil Nadu, Chief Minister Jayalithaa filed an interlocutory petition in the Supreme Court in August, 2016 seeking the release of water as per guidelines of Cauvery Tribunal. 

• Announcing its verdict in the case, On 5 September 2016, Supreme Court directed the Karnataka government to release 15,000 cusecs of water per day to Tamil Nadu for the next ten days . 
• On the Plea of the  Karnataka government  Supreme court directed the Karnataka government to release 12,000 cusecs of water to its neighboring state for 10 days.
• On September 20, 2016 Supreme court ordered Karnataka to release 3000cusecs to Tamilnadu till September 30, 2016 

But pro-Kannada activists protested the decision saying the state has just enough water in its Cauvery reservoirs for its own drinking and irrigation needs.