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The Report of the Krishna Water Disputes Tribunal-II

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The Report of the Krishna Water Disputes Tribunal-II KRISHNA WATER DISPUTES TRIBUNAL THE REPORT OF THE KRISHNA WATER DISPUTES TRIBUNAL WITH THE DECISION IN THE MATTER OF WATER DISPUTES REGARDING THE INTER- STATE RIVER KRISHNA AND THE RIVER VALLEY THEREOF BETWEEN 1. The State of Maharashtra 2. The State of Karnataka 3. The State of Andhra Pradesh VOLUME I (Pages 1 – 213) NEW DELHI 2010 --------------- COMPOSITION OF THE KRISHNA WATER DISPUTES TRIBUNAL CHAIRMAN Shri Justice Brijesh Kumar, (Former Judge, Supreme Court of India) MEMBERS Shri Justice S.P.Srivastava, (Former Judge, Allahabad High Court, Uttar Pradesh) Shri Justice D. K. Seth, (Former Judge, Calcutta High Court, Kolkata) i ii ASSESSORS; 1. Shri R.S. Prasad (Former Chairman C.W.C.). 2. Shri Suresh Chandra (Former Chairman C.W.C.) Representatives of the State Governments before the Krishna Water Disputes Tribunal 1. For the State of Karnataka Advocates Shri F.S. Nariman, Sr.Advocate Shri Anil B. Divan, Sr.Advocate Shri S.S.Javali, Sr.Advocate Shri Uday Holla,Advocate General Shri Ashok Harnahalli, Advocate General Shri Basava Prabhu S. Patil, Advocate Shri Mohan V. Katarki, Advocate Shri Brijesh Kalappa, Advocate on record Shri R.S. Ravi, Advocate Shri S.C.Sharma, Advocate Shri R.S.Pappu, Advocate Shri Ranvir Singh, Advocate Shri Gurudatt Ankolekar, Advocate Assisted by the following officials and consultants as informed by Shri Brijesh Kalappa, Advocate on Record through his letter dated 20.12.2010 (received on 21.12.2010): Shri A.K.M.Nayak, Principal Secy., Water Resources Deptt. Shri L.V.Nagarajan, Principal Secy., Water Resources Deptt. ii iii Shri D.Satyamurthy, Principal Secy., Water Resources Deptt. Shri K.G.V.Murthy, Addl.Secy., Law Deptt. Shri N. Vijayaraghavan, Chief Engineer (Inter-state Waters), WRDO Shri M.Bangaraswamy,Chief Engineer(Inter-stateWaters),DRDO Shri D.N.Desai, Principal Advisor Shri Sriramaiah, Technical Advisor Shri T.S.Narayana Swamy, Dy. Advisor Shri H.Seshadri, Dy. Advisor Shri B.R.Vijaya Kumar, Superintending Engineer (ISW) Shri A.B.G.Hiremath, Asstt.Executive Engineer Shri K.Vijaya Kumar, Asstt.Executive Engineer Smt.M. Shamala Devi, Asstt.Executive Engineer 2. For the State of Maharashtra Advocates Shri T.R.Andhyarujina, Sr.Advocate Shri U.U.Lalit, Sr.Advocate Shri D.M.Nargolkar, Advocate on record Shri Ashish Chugh, Advocate Shri Shoumik Ghosal, Advocate Assisted by the following officials and consultants as informed by Shri Deepak M. Nargolkar, Advocate on Record through his letter dated 23.12.2010: Shri V.V. Gaikwad, Secretary, Water Resources Department Shsri E.B. Patil, Secretary, Water Resources Department iii iv Shri H.K. Tonpe, Chief Engineer & Joint Secretary Shri N.L. Gawale, Chief Engineer & Joint Secretary Shri A.R. Kore, Chief Engineer & Joint Secretary Shri S.K. Ghanekar, Superintending Engineer Shri S.V. Awati, Executive Engineer Shri K.G. Devali, Executive Engineer Shri D.G. Mogane, Executive Engineer Shri S.G. Joshi, Executive Engineer Shri C.N. Hangekar, Executive Engineer Late Shri S.T. Deokule, Advisor and Consultant Shri S.N. Huddar, Advisor and Consultant Shri K.S. Shankar Rao, Advisor and Consultant 3. For the State of Andhra Pradesh Shri Dipankar P. Gupta, Sr.Advocate Shri D.Sudershan Reddy, Sr.Advocate Shri Rakesh Dwivedi, Sr.Advocate Shri G.Veera Reddy, Advocate Shri E. Raveendra Rao, Advocate Shri M.R.S. Srinivas, Advocate Shri T.N.Rao, Advocate on record Shri S. Santosh Kumar, Advocate Shri M. Ramulu Reddy, Advocate Ms. Preetika Dwivedi, Advocate Shri Anant Prakash, Advocate iv v Assisted by the following officials and consultants as informed by Shri T.N. Rao, Advocate on Record through his letter dated 22.12.2010: Shri S.K.Joshi, IAS, Principal Secy. to Govt., I & CAD Deptt. Dr.P. Rama Raju,Ph.D,Chief Engineer,Inter State& Water Resources Dr. M.S.Reddy, Principal Advisor to Govt. Shri N.Gopal Reddy,Chairman,TechnicalAdvisory Committee Shri B.P.Venkateswarlu,Member Technical Advisory Committee Shri K.V.Ram Mohan, Member, Technical Advisory Committee Prof. Subhash Chander, Sr.Consultant Shri V.V.S. Rama Murthy, Consultant Shri M.A.Raoof, Supdtg. Engineer, IS&WR Shri M.Visveswra Rao, Ex. Engineer (Hydrology) Shri P. Rama Krishna Murthy, Dy.Director (Krishna) Shri N.Satyanarayana, Dy.Director (Krishna Tribunal) Shri C.R.K. Reddy, Ex.Engineer (New Delhi) v vi I N D E X (Important Issues and Points) Sl.No Particulars Page . No. 1. Introduction 1 2. History of the case – Decision and Findings of the 6 previous Tribunal 3. Review Proceedings – References and Clarifications 69 4. Proceedings before the Supreme Court in the 107 original suits 5. Complaints of the States in the present Proceedings 136 and Preliminaries of the present Proceedings and the Issues 6. Co-operation amongst riparian States – An essential 160 element 7. Question Re.- The Proviso to Section 4(1) of the 169 Act against reopening of the settled disputes 8. Question raised relating to implications arising from 205 Section 6(1) of the Act 9. Findings on the Issues 211 10. Availability of Flows & availability of Water – 214 Exercises before this Tribunal 11. Series of 47 Water Years 1961-62 to 2007-08 260 12. Percentage factor of Dependability 305 13. Inevitable Wastage 331 vi vii 14. Success Rate 390 15. Re. – Scheme-B – Issue No. 5 434 16. Diversion Outsides the Basin – Issue No. 6 473 17. Tungabhadra sub-basin and related disputes 488 17(a) Projects of Karnataka – Upper Tunga Singatlur, 515 Upper Bhadra and others – Issue No. 27 17(b) Control of Head Regulator and Canal system of 549 Left and Right Sides of Tungabhadra Dam – Issue No. 21(A) 17(c ) Mini Hydel Project – Isue No. 22A 561 17(d ) Administrative control over Rajolibunda Diversion 572 Scheme – Issue No. 22 17(e) Parallel High Level Canal – Issue No. 24 581 18 . Height of Almatti Dam – Issue No. 14 597 18(a) Conditions – If violated by Karnataka in raising 663 the height of Almatti Dam – Issue No. 15 19. Supply of Drinking Water for Chennai City 705 20. Minimum in-stream flow and flow required for 723 environment and ecology 21. Distribution and apportionment of available waters 743 22. Machinery for implementation of the Decision of 792 Tribunal – Issue No. 21 23. Decision and Order of the Tribunal 800 vii viii A P P E N D I X Particulars Pages Appendix-I Krishna Waters Decision – Implementation Board 1- 23 Appendix-II The Map of the Krishna Basin 24 viii INTRODUCTION The matter in hand before this Tribunal, constituted by Notification dated April 2, 2004 issued under Section 3 of the Inter State River Water Disputes Act 1956 (effective date of constitution of the Tribunal being 1st February, 2006), relates to waters of the river Krishna; an inter-state river; flowing through three States Viz. the States of Maharashtra, Karnataka and Andhra Pradesh. A river is not an amenity but a treasure. It needs to be preserved. It flows for the good of people of the surrounding area and in the larger interest to the extent of reach of its benefits, even to far off areas too. It is a bare necessity for human existence, for existence of living beings, and necessary for agriculture for flora and fauna, environment, ecology and so on and so forth. It is also used for generation of power for industrialization and for better quality of life, comfort and luxuries of life also. All people feel entitled to the highest quantity of water so as to derive maximum benefit and there arises unfortunately, a clash of interest inter se amongst the people of the area, the river winds its way through. 2 It is universally accepted that the quantity of water remains the same though in different places, forms or stages. Water gets into scarcity where its needs have gone too high. It is well described1 about the forms and use of the water “Water is the only substance on earth that is naturally present in all three forms of liquid, solid (ice), and gas (water vapor). The same amount of water is present on earth today as when the dinosaurs inhabited the planet millions of years ago. Water is reused over and over again. Every glass of water you drink consists of billions of H2O molecules that have been used countless times before". While emphasizing the importance of water it was further observed1a “Since ancient times, civilizations have risen and prospered where water supplies were plentiful and have fallen when these supplies failed in quantity and/or quality. People have killed each other in fights between neighbors and wars of nations over access to water. Floods and droughts have devastated human population throughout the history. Dramatic population growth during the 20th Century has made effective water management 1 Ralph and A Wurbs -Wesley P James –Water Resources Engineering page 40 Indian Re Print 2002 by Prentice Hall of India Private Limited 1a. Ibid 3 even more crucial for human survival and prosperity and environmental vitality in the 21st Century”. While commenting on hydrological cycle2b Ecclesiastes Chapter I is quoted “All rivers flow into the sea, yet the sea is never full. To the place the streams come from, there they return again.” The three quarters of the planet earth is covered under water and 2/3 contents of a human body is water. Indeed it is also a matter of fact that in India, the number of consumers of the water has enormously increased and rapidly, requiring more water for different purposes including irrigation to grow more food, for generation of more power and other industrial purposes which in turn cater to the necessities of life and also for ever increasing material needs of the people for easy way of life and amenities.
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