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FILE FRESH IA UNTOLD CAUVERY RIVER FACTS NEED TO BE TOLD TO SUPREME COURT AND CENTRAL GOVERNMENT TO SEEK JUSTICE AND EQUITY

 
 
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FILE FRESH IA UNTOLD CAUVERY RIVER FACTS NEED TO BE TOLD TO SUPREME COURT AND CENTRAL GOVERNMENT TO SEEK JUSTICE AND EQUITY
by System Administrator - Thursday, 29 September 2016, 12:55 AM
 

By: M.S.Yatnatti: : Untold Cauvery river Facts need to be told to Supreme Court and central Government .Let the Karnataka Government file fresh IA in Supreme Court and seek justice by filing facts of the case which were earlier suppressed and not told to court. Question of upstream and downstream does not arise as downstream is bigger and upstream is smaller and both are rain fed independently and upstream is not snow fed and question of upstream getting water every day does not arise in case of Cauvery river which is rain fed. It is pertinent to note that Down steam Tamil Nadu Cauvery river has biggest rain fed catchment (419 TMC feet) than the upstream Karnataka Cauvery river has small rain fed catchment(270 TMC Feet) . Karnataka Cauvery river has one basin (Upstream rain fed catchment Upstream of Harangi Hemavathi Kabini KRS.Whereas Tamil Nadu Cauvery river has Five basins Namely Basin 1 (Upper Cauvery (Below KRS Karnataka upstream for mettur which gives 192 TMC feet Rain fed measured at billigundalu gauge and discharged station and Tamil nadu Cauvery area up stream upto Mettur reservoir), Basin 2 (Bhavani basin from Mettur to Upper Anicut), Basin 3 (Amaravathy basin), Basin 4 (Upper Anicut to Grand Anicut) and Basin 5 (Downstream of Grand Anicut, including lower Anicut and the delta region) totaling 419 TMC Feet (Inclusive of Tamil Nadu water from down stream of KRS 192 tmc Feet) .

Karnataka reservoirs Harangi Hemavathi Kabini KRSdoes not store water allocated to tamil nadu in its reservoirs and question of releasing its own water to Tamilnadu does not arise. North Indian Rivers are snow-fed river and as well as rain-fed. But the South Indian Rivers are only rain-fed and basin fed rivers and if a river has independent basin it is independent river and if a dam has independent basin it is independent dam not depending on other basin for its storage .Cauvery River has Six separate basins one in Karnataka and Five In Tamilnaduand both have theirdistinct water resources each basin does not depend on another and it is rain fed river and not snow based river like Ganga which flows 24/7 for 365 days According to their rain fed independent basins area the tribunal allotted Tamil Naduu of Rain or river water predictedallocated 419 TMC of water annually to Tamil Nadu and 270 TMC to Karnataka; 30 TMC of Kaveri river water to Kerala and 7 TMC to Puducherry and all states can construct dams and storages to store their allocated rain fed river water according to their rain fed basin area .Tamil nadu from its basin can store 419 TMC Feet and Karnmataka from its basin can store 270 TMC Feet of water by having storages and dams ,It is pertinent to note that Karnataka reservoirs store water from its own basin and not from the basin of tamil nadu .So Karnataka reservoirs Harangi Hemavathi Kabini KRSdoes not store water allocated to tamil nadu in its reservoirs and question of releasing its own water to to tamilnadu does not arise and where fore Tamlnadu has no legal right to demand to release stored water belonging to Karnataka as it has own storage of water in its own dams of 419 TMC feet of water from its own five Cauvery basins existing in Tamilnadu sate and contributing 419 TMC Feet of water predicted independent of Karnataka..

Use information technology using rain harvesting and usingcorrect data and usingcorrect provision of law for adjudication river water dispute and in a transparent manner can be sorted out by all citizens and governments for just and equitable distribution of river water and its use by storing it .Still lot of legal defense can be worked out after detailed study of the disputed points and this is very preliminary study made to show case that lot of points can be made out to benefit both the sates and provide win win situationfor both sates to resolve the water dispute issue once for all .The Interstate River Water Disputes Act of 1956 is legislated to resolve the disputes between the states over sharing of river water and it is not about sharing stored water in dams and barrages of respective states for its beneficial use .And once beneficial use is made and stored it cannot be allowed to flow in river it is only allowed to flow in the irrigation canals or in pipes for drinking purposes. It is allowed to flow in the river only in case of more rain fall than expected .. So question of demanding stored water does not arise under the law both state cannot demand share in stored water .State Government can find a permanent legal solution for Cauvery Water Dispute. As States have power to utilize their allocated "river water” and not the stored water in dams of each states as per Interstate River Water Disputes Act of 1956 so question of demanding stored water from the downstream state cannot arise specially when down steam has more catchment area then upstream state and has more river /rain water predicted is allocated by tribunal which it can store in its dams and storages without allowing it to go waste in sea. Karnataka Cauvery is about 270 KM (32,000 km2 ) and Tamilnadu Cauvery is about 570 KM (44,000 km2 ) and both can be taken as independent rivers as Karnataka Cauvery, (32,000 km2 ) basin which is served to a large extent only by the south west monsoons, which start in June ,andTamilnadu Cauvery basin which is served to a large extent not only by the south west monsoons, (The basin in Tamilnadu receives good flows from the North-East Monsoon) , which start in June and north east monsoon which start in October-january , is about 570 KM (44,000 km2 ) has Basin 1 (Upper Cauvery upto Mettur reservoir), Basin 2 (Bhavani basin from Mettur to Upper Anicut), Basin 3 (Amaravathy basin), Basin 4 (Upper Anicut to Grand Anicut) and Basin 5 (Downstream of Grand Anicut, including lower Anicut and the delta region) not asInterstate River making tribunal order infructus .

According to reports and few experts "If you read the Gazetted tribunal order it has allocated rain water predicted to flow in river and it has not has allocated the stored water in respective state dams and barrages and no state can demand stored water. You cannot read clause ix in isolation with clause X to XV N where it does not mandate to releasestored water from KRS or Karnataka reservoirs or dams .The 192 TMC out of allocated 419 TMC ft Feet monthly releases are based on rain data from the down scream of Karnataka reservoirs the discharge is measured at billigundaluplus Basin 1 (Upper Cauvery upto Mettur reservoir), which automatically flow innormal rain year .This 192 feet is not from Karnatak al9cation of 270 TMC and not from the stored water in Karnataka reservoirs . If rain comes respective states can store their allocated water otherwise they cannot store and no states can demand stored water as their rights. ".The first important aspect is The 802 kilometers (498 mi) Kaveri river has 44,000 km2 basin area in Tamil Nadu and 32,000 km2 basin area in Karnataka. The monthly rainfall changes expected in the mid and end century for Cauvery basin as per Model prediction for monthly rainfall indicates that across the Cauvery basin, the rainfall in the mid century is expected to increase in the SWM and post monsoon months starting from May through December expect basin 1 where the rainfall start decreasing from December month onwards. The increase is in the order of 1 to 36% (Basin 1), 3 to 21% (Basin 2), 1 to 17% (Basin 3), 3 to 22% (Basin 4) and 4 to 22% (Basin 5). In contrast, the rainfall is expected to decrease from December through April during the mid century in most of parts of Cauvery basin. The same trend in rainfall is expected in the end century also with different magnitude.