NEW DELHI: Karnataka, in an affidavit filed through Additional Chief Secretary, Department of Water Resources, has told the top court that, due to the severe drought situation in Cauvery and Krishna basins, it may be unfeasible for the state to release water from its reservoirs after September 12, 2023.
“Despite filing the said review petition in the changed circumstances, the state of Karnataka has taken steps to duly comply with the directions issued by the CWMA in the 23rd meeting held on 29.08.2023. The following table shows from 29.08.2023 to 03.09.2023 for a period of 6 days, the state of Karnataka ensured 37,869 cusecs against 30,000 cusecs. The state of Karnataka is facing a severe drought situation both in Cauvery and Krishna basins, putting a heavy burden on the state Government,” the state said in its affidavit.
“In the Cauvery basin, at present, on 04.09.2023, the live storage is 56.043 thousand million cubic feet (tmc). The expected inflows are about 40 tmc. As against this kitty or available water, the requirement of Karnataka in the remaining part of the season taking 11.08.2023 as the base is 140 tmc as submitted before WMA. Therefore, I submit that it may not be feasible to further release any water from the reservoirs in Karnataka after 12.09.2023 i.e., after complying with the directions of the CWMA meeting held on 29.08.2023 without risking the needs of Karnataka,” the affidavit continued.
The affidavit has been filed in response to the Tamil Nadu government’s plea seeking to direct Karnataka to release 24,000 cusecs per day of Cauvery river water from its reservoirs. Karnataka is duty bound to release 177.25 tmc of Cauvery water to Tamil Nadu as per the 2018 order of the Supreme Court, Tamil Nadu had said in its plea.
Calling the Tamil Nadu government’s plea as “wholly unjustified”, the Karnataka administration has said that Tamil Nadu is to be blamed for its current predicament. “The state of Tamil Nadu has moved the goalpost. Prayers in the application proceeded on the basis that this water year 2023-24 is not a distress water year but a normal water year. However, in the rejoinder, the state of Tamil Nadu has changed its stand,” Karnataka’s affidavit stated.
“While admitting the presence of distress, it has pleaded for estimation of distress, solely based on a shortfall in four reservoirs in Karnataka. If TN had utilised carryover storage which was 69.77 tmc available on 1.6.2023 and the inflows from Karnataka which were 31.040 tmc up to 29.8.2023, Tamil Nadu would not have landed itself in the present allegedly difficult situation,” it added.
SC will consider TN’s water plea on September 21
The Supreme Court will consider, on September 21, the Tamil Nadu government’s plea seeking to direct Karnataka to release 24,000 cusecs per day of Cauvery river water from its reservoirs. A bench of justices BR Gavai and PK Mishra agreed to consider the plea after the same was mentioned by Senior Advocate Mukul Rohatgi on Wednesday.
Tamil Nadu government appearing through Senior Advocate Mukul Rohatgi told the bench, that although the court on Friday had directed for listing the matter on September 6, the same was deleted from the list.
Justice BR Gavai while apprising the counsel of the reason regarding the deletion of the plea from the list said, “The matter pertains to 3 judges, Justice PS Narasimha went on leave that’s why it was not listed. You’ll have to go before CJI. and a special bench will have to be constituted since I am not available next week. If you want it before this bench, let it be on 21st September.”
Karnataka is duty bound to release 177.25 tmc of Cauvery water to Tamil Nadu as per the 2018 order of the Supreme Court, Tamil Nadu had said in its plea.
The Tamil Nadu government had also prayed for directing Karnataka to ensure the stipulated release of water to Tamil Nadu for the month of September, make good the shortfall of 28.849 tmc for the current irrigation year, and direct CWMA to ensure that Karnataka ensures the stipulated monthly release during the remaining period of the current water year (June to September).
Cauvery Water Management Authority (CWMA) in its affidavit submitted on August 31 in compliance with the Supreme Court’s August 25 order had told the top court that the Karnataka government was in compliance with its previous orders directing it to release 10,000 cusecs of Cauvery water per day to Tamil Nadu between August 12 and August 26.
The authority had also informed the Supreme Court that CWMA, in its 23rd meeting, had directed Karnataka to release 5,000 cusecs of water at Biligundulu, Tamil Nadu, for the next 15 days from August 29, 2023.