THE MINISTER OF STATE IN THE MINISTRY OF WATER RESOURCES (SHRI JAI PRAKASH NARAYAN YADAV)
(a) Yes Sir, The Cauvery Water Disputes Tribunal submitted report and
decision under section 5(2) of Inter State River Water Disputes (ISRWD)
Act 1956 on 5th February, 2007.
(b) A statement is attached.
(c) to (e) The decision of Tribunal becomes effective after it is published in
official Gazette under section 6(1) of the Act. The decision has not been
published in the official Gazette in view of provision under section 5(3)
of ISRWD Act, i.e ` If, upon consideration of the decision of the Tribunal,
the Central Government or any State Government is of opinion that anything
therein contained requires explanation or that guidance is needed upon any
point not originally referred to the Tribunal, the Central Government or
the State Government, as the case may be, within three months from the date
of the decision, again refer the matter to the Tribunal for further consideration,
and on such reference, the Tribunal may forward to the Central Government a further
report within one year from the date of such reference giving such explanation
or guidance as it deems fit and in such a case, the decision of the Tribunal
shall be deemed to be modified accordingly`
(f) &(g) Do not arise at this stage in view of (c)to(e) above.
STATEMENT REFERRED TO IN REPLY TO PART (b) OF UNSTARRED QUESTION NO. 21
FOR 26.2.2007 REGARDING DECISION OF CAUVERY TRIBUNAL.
Clause-I
This order shall come into operation on the date of the publication of the
decision of this Tribunal in the official gazette under Section 6 of the
Inter-State Water Disputes Act, 1956 as amended from time to time.
Clause-II
Agreements of the years 1892 and 1924:
The Agreements of the years 1892 and 1924 which were executed between the
then Governments of Mysore and Madras cannot be held to be invalid, specially
after a lapse of about more than 110 and 80 years respectively. Before the
execution of the two agreements, there was full consultation between the then
Governments of Madras and Mysore. However, the agreement of 1924 provides for
review of some of the clauses after 1974. Accordingly, we have reviewed and
re-examined various provisions of the agreement on the principles of just and
equitable apportionment.
Clause-III
This order shall supersede -
i) The agreement of 1892 between the then Government of Madras and the Government
of Mysore so far as it related to the Cauvery river system.
ii) The agreement of 1924 between the then Government of Madras and the Government
of Mysore so far as it related to the Cauvery river system.
Clause-IV The Tribunal hereby determines that the utilisable quantum of waters of
the Cauvery at Lower Coleroon Anicut site on the basis of 50% dependability to be
740 thousand million cubic feet-TMC (20,954 M.cu.m.).
Clause-V
The Tribunal hereby orders that the waters of the river Cauvery be allocated in
three States of Kerala, Karnataka and Tamil Nadu and U.T. of Pondicherry for their
beneficial uses as mentioned hereunder:-
i) The State of Kerala - 30 TMC ii) The State of Karnataka - 270 TMC iii) The State of Tamil Nadu - 419 TMC iv) U.T. of Pondicherry - 7 TMC 726 TMC
In addition, we reserve some quantity of water for
(i) environmental protection
and
(ii) inevitable escapages into the sea as under:-
(i) Quantity reserved for environmental - 10 TMC protection.
ii) Quantity determined for inevitable - 4 TMC escapages into the sea. 14 TMC Total (726 + 14) 740 TMC
Clause-VI
The State of Kerala has been allocated a total share of 30 TMC, the
distribution of which in different tributary basins is as under:
(i) Kabini sub-basin - 21 TMC
(ii) Bhavani sub-basin - 6 TMC
(iii) Pambar sub-basin - 3 TMC
Clause-VII
In case the yield of Cauvery basin is less in a distress year, the allocated
shares shall be proportionately reduced among the States of Kerala, Karnataka,
Tamil Nadu and Union Territory of Pondicherry.
Clause-VIII
The following inter-State contact points are identified for monitoring the water deliveries:
(i) Between Kerala and Karnataka : Kabini reservoir site
(ii) Between Kerala and Tamil Nadu
a) For Bhavani sub-basin : Chavadiyoor G.D.site
It is reported that Chavadiyoor G.D. Site was being earlier operated by the State
of Kerala which could be revived for inter-State observations.
b) For Pambar sub-basin : Amaravathy reservoir site
( iii) Between Karnataka and : Billigundulu G.D. site/any Tamil Nadu other site on common border
(iv) Between Tamil Nadu and : Seven contact points as Pondicherry already in operation
Clause-IX
Since the major shareholders in the Cauvery waters are the States of Karnataka
and Tamil Nadu, we order the tentative monthly deliveries during a normal year
to be made available by the State of Karnataka at the inter-State contact point
presently identified as Billigundulu gauge and discharge station located on the
common border as under:-
Month TMC Month TMC
June 10 December 8
July 34 January 3
August 50 February 2.5
September 40 March 2.5
October 22 April 2.5
November 15 May 2.5 192 TMC
The above quantum of 192 TMC of water comprises of 182 TMC from the allocated
share of Tamil Nadu and 10 TMC of water allocated for environmental purposes.
The above monthly releases shall be broken in 10 daily intervals by the Regulatory Authority.
The Authority shall properly monitor the working of monthly schedule with the help
of the concerned States and Central Water Commission for a period of five years and
if any modification/adjustment is needed in the schedule thereafter, it may be worked
out in consultation with the party States and help of Central Water Commission for
future adoption without changing the annual allocation amongst the parties.
Clause -X
The available utilisable waters during a water year will include the waters carried
over from the previous water year as assessed on the 1st of June on the basis of stored
waters available on that date in all the reservoirs with effective storage capacity
of 3 TMC and above.
Clause-XI
Any upper riparian State shall not take any action so as to affect the scheduled
deliveries of water to the lower riparian States. However, the States concerned
can by mutual agreement and in consultation with the Regulatory Authority make
any amendment in the pattern of water deliveries.
Clause-XII
The use of underground waters by any riparian State and U.T. of Pondicherry shall
not be reckoned as use of the water of the river Cauvery.
The above declaration shall not in any way alter the rights, if any, under the law
for the time being in force, of any private individuals, bodies or authorities.
Clause-XIII
The States of Karnataka and Tamil Nadu brought to our notice that a few hydro-power
projects in the common reach boundary are being negotiated with the National
Hydro-Power Corporation (NHPC). In this connection, we have only to observe
that whenever any such hydro-power project is constructed and Cauvery waters are
stored in the reservoir, the pattern of downstream releases should be consistent
with our order so that the irrigation requirements are not jeopardized.
Clause-XIV
Use of water shall be measured by the extent of its depletion of the waters
of the river Cauvery including its tributaries in any manner whatsoever; the
depletion would also include the evaporation losses from the reservoirs. The
storage in any reservoir across any stream of the Cauvery river system except
the annual evaporation losses shall form part of the available water. The water
diverted from any reservoir by a State for its own use during any water year
shall be reckoned as use by that State in that water year. The measurement for
domestic and municipal water supply, as also the industrial use shall be made
in the manner indicated below:-
Use Measurement
Domestic and municipal By 20 per cent of the quantity of water Water supply diverted or lifted from the river or any of its tributaries or from any reservoir, storage or canal.
Industrial use By 2.5 per cent of the quantity of water diverted or lifted from the river or any of its tributaries or from any reservoir, storage or canal.
Clause-XV
If any riparian State or U.T. of Pondicherry is not able to make use of any
portion of its allocated share during any month in a particular water year and
requests for its storage in the designated reservoirs, it shall be at liberty
to make use of its unutilized share in any other subsequent month during the same
water year provided this arrangement is approved by the Implementing Authority.
Clause-XVI
Inability of any State to make use of some portion of the water allocated to it
during any water year shall not constitute forfeiture or abandonment of its
share of water in any subsequent water year nor shall it increase the share of
other State in the subsequent year if such State has used that water.
Clause-XVII
In addition, note shall be taken of all such orders, directions, recommendations,
suggestions etc, which have been detailed earlier in different chapters/volumes
of the report with decision for appropriate action.
Clause XVIII
Nothing in the order of this Tribunal shall impair the right or power or authority
of any State to regulate within its boundaries the use of water, or to enjoy the
benefit of waters within that State in a manner not inconsistent with the order
of this Tribunal.
Clause-XIX
In this order,
(a) `Normal year` shall mean a year in which the total yield of the Cauvery basin
is 740 TMC.
(b) Use of the water of the river Cauvery by any person or entity of any nature
whatsoever, within the territories of a State shall be reckoned as use by that State.
(c) The expression `water year` shall mean the year commencing on 1st June and
ending on 31st May.
(d) The `irrigation season` shall mean the season commencing on 1st June and ending
on 31st January of the next year.
(e) The expression `Cauvery river` includes the main stream of the Cauvery
river, all its tributaries and all other streams contributing water directly or
indirectly to the Cauvery river.
(f) The expression `TMC` means thousand million cubic feet of water.
Clause-XX
Nothing contained herein shall prevent the alteration, amendment or modification
of all or any of the foregoing clauses by agreement between the parties.
Clause-XXI
The State Governments of Kerala, Karnataka, Tamil Nadu and Union Territory of
Pondicherry shall bear the expenses of the Tribunal in the ratio of 15:40:40:5.
However, these parties shall bear their own costs before this Tribunal.