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ORDER CLAUSE IX (A) READ WITH CLAUSE XIX (A) QUESTION OF MONTHLY RELEASES ARISES ONLY IN A NORMAL YEAR IF STATES GET 740 TMC FEET WATER OTHERWISE NO RELEASE IS MANDATED

 
 
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ORDER CLAUSE IX (A) READ WITH CLAUSE XIX (A) QUESTION OF MONTHLY RELEASES ARISES ONLY IN A NORMAL YEAR IF STATES GET 740 TMC FEET WATER OTHERWISE NO RELEASE IS MANDATED
by System Administrator - Monday, 3 October 2016, 5:02 AM
 

By: M.S.Yatnatti: : 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. Untold Cauvery river Facts need to be told to Supreme Court and central Government .According to gazettee order clause IX (A) Read with clause XIX (a) Question of monthly releases arises only in a normal year if the all states get 740 TMC feet of rain fed water as per allocations made in clause V (A) and (B) in their respective catchments otherwise no release of 182 TMC is mandated of from the allocated share of 419 to Tamilnadu at billigundalu gauge and discharged station. Karnataka is allocated 270 TMC feet to store water and from stored water out 270 feet Tamilnadu cannot ask as Tamil nadu water 0f 419 TMC is not stored in Karnataka dams. Tamil nadu is free to store 419 TMC in its dams and use it. 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 NamelyBasin 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) .

Krishna Water Disputes Tribunal (KWDT) is a tribunal set up by the government of India in 1969 under the Interstate River Water Disputes Act of 1956 to resolve the disputes between the states of Karnataka, Maharashtra, Telangana and Andhra Pradesh over sharing of Krishna river water. The KWDT I was headed by R. S Bachawat, a former judge of the Supreme Court. Scheme A pertained to the division of the available waters based on 75% dependability, while Scheme B recommended ways to share the surplus waters. The KWDT in its award outlined the exact share of each state. The award contended based on 75% dependability that the total quantum of water available for distribution was 2060TMC. This was divided between the three states560 TMC Maharashtra 700TMC Karnataka 800 AndhrapradeshTMS . Further, the Tribunal has allowed the States to utilize their allocated share of water for any project as per their plans. This means all states have right to use their allocated share of water for any project and store that water by constructing storage dams as per allocation according to their catchment area upstream and every state have their catchment area upstream for the length of river passing respective states .The water allocated restricts the storage of dam .Now the question is the states have power to utilize their allocated river water and not the stored water in respective dams constructed by each states.In the similar way after Decades of negotiations between the parties bore no fruit. The Government of India then constituted a tribunal in 1990 to look into the matter. After hearing arguments of all the parties involved for the next 16 years, the tribunal delivered its final verdict on 5 February 2007. In its verdict, the tribunal allocated 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. Karnataka and Tamil Nadu being the major shareholders, Karnataka was ordered to release 192 TMC of water to Tamil Nadu in a normal year from June to May and normal year is defined if river water is 720 TMC and this allocation of water is in river water and not stored water as tribunals are setup for allocation of river water. Further, the Tribunal has allowed the States to utilize their allocated share of water for any project as per their plans. This means all states have right to use their allocated share of water for any project and store that water by constructing storage dams as per allocation according to their catchment area upstream and every state have their catchment area upstream for the length of river passing respective states .The water allocated restricts the storage of dam .Now the question is the states have power to utilize their allocated river water and not the stored water in respective dams constructed by each states. Question of asking the down steam states as a right in stored water of upstream states is out of question .States have been allocated river water and not stored water .The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.  Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.  This Act further has undergone amendments subsequently and its most recent amendment took place in the year 2002.River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). However, union government can make laws on regulation and development of inter-State rivers and river valleys when expedient in the public interest (entry 56 of union list, Schedule 7 of Indian Constitution). When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India. IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness water of an interstate river/ river valley.IRWD Act is applicable only to interstate rivers / river valleys. An action of one state should affect the interests of one or more other states. Then only water dispute is deemed to have arisen under IRWD Act (section 3). It can be divided into two independent parts for clarity purpose in understanding the techno-legal application of IRWD Act.Actions of a downstream state affecting the interest of an upstream state: A downstream state's action can affect the upstream state interest only in one case. I.e. when a downstream state is building a dam / barrage near its state boundary and submerging the territory of an upstream state on permanent / temporary basis. Other than this action, no other action of a downstream state could affect the upstream states interest which they have been using for economical, ecological and spiritual/ religious aspects. The meaning of the word 'interest' in this context is concern / importance / significance / relevance / consequence of losing the prevailing water use or purpose..Otherwise down steam state can construct dam / barrage away from upstream states and without submerging upstream state lands.

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.

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 and not asInterstate River making tribunal order infructus.Restoration, rejuvenation and renovation of existing water bodies needs to be given high priority in water scarce areas. Inventory of water bodies in villages and nearby areas needs to be prepared and geo-mapped. These water bodies when utilised for water storage would facilitate recharging for meeting the demand for drinking and irrigation purposes and act as natural sinks for excess water during rainy season. At the same time there is an urgent need torejuvenated and revive Kaveri river with water flow by raising water table and aquifersas Dr Rajendra Singh did in Rajasthan if more water no conflict to any state. The 2015 Stockholm Water Prize Laureate has been awarded to India's Rajendra Singh for his innovative water restoration efforts and consistent attempts to improve the country's water security in villages. Better known as the Water Man of India, Singh, who is based in Rajasthan, has dedicated himself to defeating drought and empowering communities in that arid state. He has been working in close cooperation with local residents, and has revived several rivers, bringing hope to a thousand villages and countless people. Starting from a single village in 1985, over the years TBS helped build over 8,600 johads and other water conservation structures to collect rainwater for the dry seasons, has brought water back to over 1,000 villages and revived five rivers in Rajasthan, Arvari, Ruparel, Sarsa, Bhagani and Jahajwali. Revive Kaveri river which runs several kilometers in Karnataka and which also runs several kilometers in Tamil Nadu before joining bay of Bengal.Save the Kaveri river running in both states .Reportedly Water is a critical resource which will determine India's ability to achieve rapid economic growth, improve the quality of life of its people and ensure environmental sustainability . India accounts for about 17% of the world's population but has only 4% of the world's fresh water resources.At 1,544 cubic metre per capita annual availability , India is already a water stressed country and rapidly moving towards becoming water scarce. What is the way forward for India to manage its water resources better? Ground water today accounts for a whopping 62.4% of net irrigation needs, 85% of rural drinking water needs and 50% of urban water needs. This over dependence on ground water has resulted in a radical decline of the ground water table. The Central Ground Water Board has categorised 62.2% of the total assessment units ­ 6,600 blocks, mandals and taluks ­ as over exploited. In states like Punjab, Delhi, Rajasthan, non-existent regulations have led to irresponsible over exploitation and the present rate of withdrawal will lead to complete exhaustion of ground water within a decade.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. So question of demanding stored water does not arise under the law .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.

Several Facts need to be brought before courts to get justice and equity to solve sharing of river water problem by the advocates of respective states.. Experts need to debate problem and find the solutions. the Interstate River Water Disputes Act of 1956 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. 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.. 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 River Cauvery originates at Talakaveri in Coorg District of Karnataka in Brahmagiri Range of hills in the Western ghats at an elevation of 1341 m. (above MSL) and drains a total area of 81,155 Sq.Kms. of which 34,273 Sq.Kms lies in Karnataka, 43856 Sq.Kms. in Tamilnadu , 2866 Sq.Kms. in Kerala and 160 Sq.Kms in Union Territory of Pondicherry. According to their basin area tribunal allotted Tamil Naduu of Rain or river water predicted has allocated 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. Tribunal has predicted rain water annually which need to be stored by respective states by constructing dams and storage barrages .Accordingly both stateshave constructed dams and storages according their allocations.If rain does not come no state can blame each other. And fight for stored water is illegal.The River Cauvery originates at Talakaveri in Coorg District of Karnataka in Brahmagiri Range of hills in the Western ghats at an elevation of 1341 m. (above MSL) and drains a total area of 81,155 Sq.Kms. of which 34,273 Sq.Kms lies in Karnataka, 43856 Sq.Kms. in Tamilnadu , 2866 Sq.Kms. in Kerala and 160 Sq.Kms in Union Territory of Pondicherry. The Cauvery basin is bounded by Tungabhadra sub-basin of Krishna basin on the Northern side and Palar basin on the Southern side.The Western ghats form the Western boundary.The Nilgiris, an offshore of Western ghats, extend Eastwards to the Eastern ghats and divide the basin into two natural and political regions i.e.,Karnataka plateau in the North and the Tamilnadu plateau in the South.In Tamilnadu, the Eastern part of the basin is in the elevation range of 0 to 150 m sloping gently up from the sea.Once the Cauvery River moves out of the Kodagu Hills, the river generates two islands, namely Shivanasamudra and Srirangapatna. The river declines 98 meters or 320 feet at the Sivasamudra Island, creating the renowned Shivanasamudra Falls, also known as Bhara Chukki and Gagana Chukki. The oldest hydroelectric power plant in Asia (constructed in 1902) was situated on the left waterfalls and provided electricity to the city of Bangalore. During its itinerary across Karnataka, the watercourse is cut off with 12 dams or anicuts for the intention of water supply. From the dam at Madadkatte, a man-made waterway has been redirected at a length of 116 km or 72 miles, draining a territory of around 40 km2 or 10,000 acres. In the end, the river gets down its discharges to the town of Mandya.There is a channel close to Srirangapatana, and it is named as Bangara Dodi Nala. The channel was formed in the 17th century by the Maharaja of Mysore in Wodeyar, Ranadhira Kantirava, honoring his most loved companion. The Bangara Dodi Nala is regarded as the only channel where the flow from a river, barraged upriver, is transported by the channel on the very same river for a number of miles downstream. This channel also functioned as a drivable viaduct till 1964. Other than offering various old and contemporary channels carrying water from the river for irrigation use, the Cauvery also functions as the principal resource of potable water for various villages and townships. Cities like Mandya, Bangalore, and Mysore almost wholly rely on the Cauvery River for their potable water provision. Essentially, the river is named Jeevanadhi, which in Kannada language, refers to a river sustaining life.The river moves into the state of Tamil Nadu via Dharmapur district moving towards the flat terrains where the river bends. The river plunges into the Hogenakkal Falls just ahead of reaching the Hogenakkal township of Tamil Nadu. The river has three small tributaries; Chennar, Palar, and Thoppar. They meet the main river on her itinerary, over Stanley Reservoir in Mettur, where the barrage has been built. The Mettur Dam meets the Pala and Sita hills across that basin over which the Cauvery runs, till the Grand Anicut. Not only the barrage in Mettur stores for bettering the irrigation procedures but also to make sure constant and adequate provision of water to the major hydroelectric power supply station at Mettur. Furthermore, the river flows across the span of Erode district where the Bhavani River, which flows through the width of the district, joins it. The meeting point of the rivers Bhavani, Cauvery, and Akash Ganga (unreal) is located at the precise spot of Tiriveni Sangamam or Kooduthurai in the northern end of Erode City.When the river is moving across Erode, two other tributaries join the river. Amaravathi and Noyal meet the river in Karur district prior to arriving at the Tiruchirapalli District. In this area, the river gets broader with a sand-filled riverbank. Afterwards, the river runs according to an easterly itinerary till it divides into two at the higher Anicut region approximately 14 km west of Thiruchirappalli City. The northern arm of the river is known as the Kollidam or Coleroon and at the same time, the southern arm keeps the name of Kaveri and subsequently moves straight to the east into the Thanjavur district. These two streams meet once more and create the Srirangam Island, which is a portion of the city of Tiruchirapalli.The Chola monarch Korikalan has been commemorated as he built the riverbank for the Kaveri completely from Kaveripoompattinam (Puhar) to Srirangam. It was constructed about 1600 years back. On either sides of the river, there are barriers extending to a length of 1,080 feet (330 m)The Kallanai dam built by him on the boundary between Tiruchirappalli and Thanjavur is an excellent work of engineering, which was constructed with soil and rocks and has suffered the changes of environment for a significant period of time.The dam was revamped on a larger extent in the 19th century. From that time, the name of the famous dam has been altered to Grand Anicut and it is the main dam under a huge irrigation scheme in the Thanjavur District. From this area, the Kollidam or Coleroon River flows towards the northeast and pours itself into the sea at Devakottai, which is somewhat south of Parangipettai. From the Coleroon River, Uppanai and Manniar split at lower Anicut and drains a part of Sirkazhi taluk and Mayiladuthurai taluk in Nagapatnam district. Following Grand Anicut, the Kaveri splits into various tributaries and encompasses the entire area of the delta with a huge system of irrigation canals in Tiruvarur and Nagapatnam districts and goes astray in the broad stretch of paddy fields. The mighty Kaveri River is shrunk to an unimportant canal and moves into the Bay of Bengal at the famous site of Poompuhar, approximately 13 km north of Tharangampadi..