Thursday 15 September 2016

Analysis of Cauvery Water Dispute


The pride and glory of India, the iconic Silicon Valley which won laurels for the country is now straddling through chaos, anarchy, mindless destruction of public property. The 124 year long, unsettled dispute of the Cauvery waters is taking a toll on the peace and harmony of two South Indian States- Karnataka and Tamilnadu. The simmering differences between the neighboring states over the past century have notoriously turned them into sparring partners. The inept handling of the crisis by the State Government, rumor mongering by the political fringe elements have inadvertently exacerbated the worst ever clashes between the states. Following the Supreme Court’s directive to Karnataka of releasing 15,000 cusecs water a day till September 15th, the current clashes have erupted in Bengaluru. As the clashes escalated curfew was imposed in few areas of the city to bring situation under control. Meanwhile, retaliatory clashes were reported across parts of Tamilnadu too.

History

Cauvery water dispute which is largely a case of water sharing between the lower riparian state, Tamilnadu and the upstream state, Karnataka, dates back to the events in the 19th century. Cauvery river system includes the tributaries of Hemavati, Kabini, Tunga, Bhadra, Bhavani, Amarvati and others. The states which benefit through its flow include Karnataka, Tamilnadu, Kerala and Union Territory of Puducherry. Under the British administration, Princely State of Mysore and the Presidency of Madras signed an agreement in 1892 over the sharing of Cauvery river waters when the later raised objections over proposed plans of construction of new irrigation project across Cauvery by Mysore. The issue began to gain heat when Dewan of Mysore the eminent engineer Dr. M. Visvesvarayya intensified efforts to build Krishna Sagar Dam in Mysore district. Cognizant of the massive storing capacity of the proposed dam, worried over the prospect of facing water crisis, Madras government appealed to Secretary of State for intervention. In 1914, the arbitrator delivered award in favor of Mysore causing great discomfiture to Madras Presidency. To bring matters to conciliation, British administration prevailed on both parties to forge an agreement in 1924. As per the agreement, Mysore is obligated not to construct any new irrigation dams on Cauvery or its tributaries without prior consent of Madras. Madras on the other hand shouldn’t object except to protect its prescriptive rights. It was also decided to review the clauses of agreement only after 50 years i.e in 1974. But unfortunately the agreement was not reviewed.

The dispute took a new logical turn when Princely State of Mysore ceased to exist and was subsumed under the state of Karnataka. Coorg, region the birth place of Cauvery not party to 1924 became an integral part of Karnataka and Kerala which was not a party to the agreement became a party to agreement. Other crucial dimensions of the dispute are that Cauvery originates in Kodagu, Karnataka and by default the principal claimant over its water flows. But the crux of the issue lies in the fact that the rivers flows in biggest areas in Tamilnadu with several thousands of acres of land under paddy cultivation.

Cauvery Conflicts

By 1960’s violent clashes erupted in both states when Tamilnadu built reservoirs on the Amaravathi and the Bhavani rivers following which Karnataka decided to raise the reservoir potential of the Hemavathi reservoir to 34 TMC (thousand million cubic feet) and also pitched for construction of four more dams across Kambadakadi, Yagachi, Lakshmana Thirtha and the Sagab Doddakere to generate an additional potential of 10 TMC. Karnataka supported its argument citing the clauses of XIV of 1924 whereby if Madras builds dams over tributaries of Cauvery the Amaravathi, the Bhavani or the Noyal flowing through Tamilnadu, Karnataka will be entitled to build reservoirs of capacity not exceeding 60 % of the reservoirs constructed by Tamilnadu. Karnataka also believed that its control over the Cauvery waters would be lost if it fails to generate and impound the 44 TMC water. With parties failing to reach an agreement over the interpretation of clauses and Tamilnadu turning down the requests of Karnataka to make changes in the agreement, warring parties took the matter to Supreme Court.

In 1970, Cauvery Fact Finding Committee found that Tamilnadu’s irrigated lands have increased from 14,40,000 acres to 25,80,000 acres and that of Karnataka were 6,80,000 acres causing increased demand of water by Tamilnadu. Central Government’s study found out that utilization of Cauvery waters by Tamilnadu was 489 TMC as against Karnataka’s 177 TMC.


Setting Up of Tribunal

In 1986 Tamilnadu made a formal request to Central Government to set up a tribunal to resolve the dispute under the Interstate Water Disputes Act (ISWD Act), 1956. After much trials and tribulations, following Supreme Courts intervention, Cauvery Water Disputes Tribunal (CWDT) was appointed in 1990 with both states failing to reaching an agreement. In 1991, an interim order was issued by Supreme Court directing release of 205 TMC of waters to Tamilnadu annually. This resulted in eruption of clashes in Karnataka which basically targeted the hapless Tamilians settled in Karnataka. This eventually triggered violence in Tamilnadu as well. Thus Cauvery waters issue remained as a bone of contention between both states.


Tribunal Award of 2007

Nearly after a gap of 16 year following intense discussions and deliberations by experts, Cauvery Tribunal delivered final order in 2007 based on the “50% dependability on Monsoons”. Experts calculated that 740 TMC of water would be available annually and accordingly waters were divided among four parties. It allocated 419 TMC to Tamilnadu, 270 TMC to Karnataka, 30 TMC to Kerala, 7 TMC to Puducherry and remaining 14 TMC for environmental purposes (including 4 TMC factored for the “inevitable escapages into the sea”. Supreme Court directed Karnataka to supply 192 TMC to Tamilnadu.

As per the tribunal, Tamilnadu is entitled for 419 TMC, if Karnataka supplies 192 TMC, how is it managing to get rest of the water? Precisely this is where Tamilnadu has a major advantage over Karnataka. Way back in 10th century, Chola Kings have developed a robust water infrastructure in the region by building reservoirs and check dams paving way for meticulous utilization of Cauvery waters. These catchment areas contribute to as much as 227 TMC. As opposed to historical pre-eminence of Tamilnadu, Karnataka had first irrigation dam built across Cauvery waters in the form of K R Sagar dam only in 1934. Kerala, on the other hand because of its unique geographical position contributes more waters (51 TMC) while utilizing only 30 TMC. Tamilnadu by way of historical advantage and prescriptive rights clearly enjoys greater benefits than Karnataka. Due to its over reliance on Cauvery waters, and being a lower riparian state often at mercy of the upstream state, Tamilnadu takes a belligerent position. Karnataka opines that 1924 agreement was unjust wherein Tamilnadu was using almost 80% of waters, against Karnataka’s 16%. Hence as an upstream, Karnataka wanted to assert its primacy over Cauvery waters prompting it to defy Supreme Courts at times leading to violent clashes. Though of time Karnataka managed to bring more areas under irrigation increasing it to 15 lakh acres even now it clearly lacks the infrastructure needed to derive benefits of surplus water.

By and large parties to Cauvery water issue remained dissatisfied with 2007 water award and aggrieved parties Karnataka, Tamilnadu and Kerala filed special petitions in Supreme Court. Even otherwise experts also believed that the award failed to provide convincing answers to issues like water distribution during a failed monsoon year. These and certain incipient discrepancies have potentially flared up the rivalries leading to frequent conflicts between the states. For example, the award failed to take into account ample amounts of ground water resources of Tamilnadu as against none in Karnataka. Similarly, the issue of water sharing during the four months of peak agriculture season needs to be reviewed.  While award may work reasonably well during a good monsoon year, a failed monsoon might create a havoc. Till now every distressed year witnessed intense conflicts between the states- 2002, 2003, 2012 and now in 2016 the amount of violence was unprecedented.


Implementation of Water Award

Ever since the award of the tribunal it was observed that Tamilnadu received more than prescribed amounts of water from Karnataka except for the year 2012. Failure of the tribunal in arriving at proportionate distribution of waters in a distress year has complicated the situation. Moreover, water crisis and serious adversities could have been mitigated had both states displayed some sense of responsibility in reaching a negotiable agreement during distress years. Indeed, the recent episodes of contemptible violence and targeted attacks could have been averted had the political parties refrained from issuing parochial statements. Had the leaders invested their political energies in reaching a consensual agreement over water distribution instead of fomenting animosities, issue could have been resolved peacefully. Every distress year had many lessons to offer. Experts agreed that current patterns of water usage have been most uneconomical and wasteful. The way ahead should be adoption of better water management practices, modern methods of agriculture and downsizing the cultivation of water intensive crops. With both states tipped to bank on urbanization for rapid economic development, pressure on limited water resources is bound to increase. To scale down uneconomical use of water, state government must step in to introduce best water management practices to avert plausible water crisis. Various parts of India faced the brunt of severe water crisis before the onset of monsoon this year. In particular reservoirs of South India had abysmally low levels of water. Though an active South West Monsoon brought some cheer, meteorological reports indicate that Karnataka received 17% less than normal rainfall (594mm against 718mm), Tamilnadu had normal rainfall. Moreover, since rainfall was intermittent and uncertain water levels were lower than the previous year. As per Central Water Commission data, Cauvery water catchment area of Karnataka has 46% less than normal levels, was declared as agriculture drought. While Supreme Court modified order asking Karnataka to release 20% less water, 12,000 cusecs for eight days, it argued that water levels in the reservoirs are barely enough to meet the drinking water requirements of the region. Finally complying to Court’s decision started sharing water on Tuesday night. Meanwhile, Centre should expedite the process of constituting the Cauvery Management Board to find a long term amicable solution to both parties. Further it must explore ways of harnessing 2000 TMC of Cauvery waters, (four times the water requirements of both states) joining the Arabian Sea to tide the water crisis.


Implications of Water Stress

 Water, described as the oil of the 21st Century or the Blue Gold is becoming increasingly scarce. Indiscriminate human activity, seamless population explosion aggravated the water stress.  The arrival of Anthropocene hastened global warming and climate change resulting in erratic rainfall and snowfall patterns, increased evaporation putting enormous stress on the precious fresh water resources. While the fear of water wars may appear to be far outstretched, but the recent crisis in Syria, fomenting tensions between nations in South East Asia, insecurity of the Arabian Peninsula are undeniably triggered by the looming water crisis. Indeed, the IS managed to extend its stranglehold in Iraq by commandeering the hydroelectric dams, irrigation canals reservoirs and water infrastructure. Similarly, Yemen slipped into internal chaos due to water scarcity. In light of impending water crisis, the fermenting interstate conflict over Cauvery waters is of grave importance for it is a manifestation of severe water stress faced by the South Indian States.

The political parochial war of words and instigation had already accrued losses of over Rs 25,000 Crores to Karnataka besides severely denting the image of India and Bengaluru in particular. Sporadic protests have not only disrupted the normal lives but earned a disrepute for India reckoned as the fastest growing economy currently. Ideally, the political dispensations instead of seeking remedial measures for interstate water feuds from Courts should try to seek solution through consensus. While sharing of waters prescribed by legal entities assures distribution of resources, accurate measure of rainfall received and harvested is variable. Hence an amicable political solution can alone resolve these interstate water disputes. 

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