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(1) Its Statement

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(1) Its Statement 100 DETAILS OF THE PLEADINGS OF THE STATE OF GOA 36. The entire case pleaded by the State of Goa, emerging from (1) its statement of case dated February 4, 2013 (Volume 28); (2) Rejoinder dated July 15, 2013 (Volume 45) to the reply filed by the State of Karnataka to the Statement of Case of the State of Goa; (3) Rejoinder dated July 15, 2013 (Volume 45) to the reply filed by the State of Maharashtra to the Statement of Case of the State of Goa; (4) The amended Statement of Case dated March 7, 2014 (Volume 65) filed by the State of Goa; (5)Rejoinder dated April 16, 2014 (Volume 77) filed by the State of Goa to the reply filed by the State of Karnataka to the amended Statement of Case of the State of Goa; (6) Rejoinder filed by the State of Goa on March 3, 2014 (Volume 73A), to the reply filed by the State of Maharashtra, to the amended Statement of Case of the State of Goa; (7) Amended Statement of Case of the State of Goa filed on April 23, 2015 (Volume 131); (8) Rejoinder dated June 30, 2015 (Volume 150) filed by the State of Goa to the reply dated May 25, 2015 filed by the State of Karnataka to the amended Statement of Case of State of Goa; and (9) Rejoinder dated June 30, 2015 (Volume 148) filed by the 101 State of Goa to the additional reply filed by the State of Maharashtra on May 11, 2015, is as under:- (i) According to the State of Goa, the present dispute is unlike any other inter-state River water dispute, which normally concerns sharing of waters between the states. It is maintained that the present dispute is not of that kind. It is pleaded by the State of Goa that the proposal in question of the state of Karnataka will result in a complete ecological disaster in which flora, fauna, hills, Ghats, Plains and predominant marine life, including mangroves and other species, which are alleged to be rare and protected, would be completely destroyed. It is maintained that Goa is a beautiful State blessed with rich flora, fauna, tourism potential and thus, it is maintained that, in that sense, ‘this dispute is of national importance’. (ii) It is maintained by the State of Goa that a reference has to be made to certain peculiar, historical, geographical, and geological aspects, concerning the State of Goa, Mahadayi River, Mahadayi River Valley and Basin. 102 (iii) The State of Goa has pleaded that the Western Ghats are remarkable headwaters and the main watershed for the southern peninsula serving six States; sustained by the heavy seasonal rainfall from the south-west monsoon, from which all the major and many smaller rivers of the southern peninsula originate and flow east or west emptying into the coastal waters. It is averred that the real merit of the Western Ghats forests in terms of their watershed value is incalculable. (iv) It is maintained that the State of Goa is the smallest of all the States in the country yet, it has a diversity of endemic species, habitats and ecosystems. It is mentioned that Goa is under the influence of two global biomes - the marine biome of the Arabian Sea and the terrestrial forest biome of the Western Ghats and within this balance there are a wide range of ecosystems and habitats e.g. forests, Ghats, alluvial plains, coasts, rivers, estuaries, mangroves, wetlands, etc. (v) It has been described in the pleadings that the State of Goa has been divided into 4 physiographical sub-divisions by the Indian Council of Agricultural Resources, namely: 103 (a) Eastern hill ranges. The Western Ghats with continuous range of Sahayadri Hills forms the commencement of the high hill ranges of the East. The foot slopes of the range touch Ponda in Central Goa, Sattari in the North and almost the interior of Canacona in the South. (b) Central rolling to undulating uplands. The central part of Goa from North to South connecting Pernem, Bicholim, Ponda and Eastern parts of Sanguem and Dharbandora and Quepem are occupied by undulating uplands having gentle to moderate slopes, intercepted by depressional landscape comprising valleys. (c) Flood plains. The flood plains are of the two major rivers, namely, Mandovi and Zuari, which divide the coastal plains and the rolling uplands in the East and South East. These are occupying talukas of Tiswadi, Ponda and Part of Salcete. (d) Coastal plains. The Western and South-Western parts of Goa constitute the coastal plains. (vi) According to the pleadings of the State, so far as the Mandovi (the Mahadayi) river is concerned, the same apart from being one of the most important west flowing rivers of 104 Goa, is virtually the lifeline for the very sustenance of the State of Goa and its peoples. It is mentioned that the Mandovi river basin is an inter-State river basin draining areas in the States of Goa, Karnataka and Maharashtra and the river drains a total area of approximately 2032 sq.km., spread over the three States in approximately the following proportions: a. Goa = 1580 sq. km. (78%) b. Karnataka = 375 sq. km. (18%) c. Maharashtra = 77 sq. km. (4%) Total Drainage = 2032 sq. km. (100%) The State of Goa has pleaded that this river rises in Jamboti Ghat, about 10 Kilometers North-East of Sonasagar near Degaon Village in Khanapur Taluka, Belgaum district of Karnataka State, at an elevation of about 940 meters above the mean sea level and the river basin lies between latitudes 150 15’24” N and 150 42’00” N and longitudes 730 45’56” E and 740 23’54” E. The State of Goa states that the length of River Mhadei within the State of Goa is 76 km. It is further stated that the length of the said River within the State of Karnataka is 35 105 km., and the total length of River Mhadei is 111 km. The State of Goa has further stated that as a result of the digitization of maps/plans, it is revealed that the length of the River up to which the salinity ingress impact is felt (i.e. up to Ganjem discharge measuring site) is 46 km. from the mouth of the river and there is a long established navigational network in the Mhadei River in the last reach of 46 km. (vii) It is pleaded that the Mahadayi River in Karnataka is joined by three important tributaries, namely the Bail Nadi, the Kotni Nadi and the Bhandura Nalla and there are five important tributaries forming the Madei/Mandovi river in Goa portion, namely Surla (or Nanode Nadi), the Ragda, the Dicholi, the Mapuca and the Khandepar (or the Dudhsagar). It is informed that a branch (spill channel) of the Mandovi, the Cumbarjua Canal, connects the Mandovi to the Zuari River in its final reach. 106 (viii) It is stated that the Mandovi river basin can geologically be broadly divided into four distinct sub-regions west to east, namely: (i) The coastal plains with dominant marine lands on the west. (ii) The vast etch plain adjoining the coastal plains. (iii) Low dissected denudational hills and table land. (iv) Deeply dissected high Western Ghat denudational hills. (ix) It is submitted that the mountain ranges running parallel to India’s west coast receive heavy rainfall and thus have an immense water resources potential. It is averred that the States of Maharashtra, Goa, Karnataka, and Kerala share the western coast and several rivers originate in the higher altitudes of Western Ghats and cascade down the steep slopes and pour out in to Arabian Sea. According to State of Goa because of the topography of the mountains, width of all these basins is relatively small, and except two, all basins are within a State. It is stated that Mandovi and Netravati are the only two basins that are Inter-State and Mandovi is shared by three States, Goa, Karnataka, and Maharashtra, 107 while Netravati is shared by two States, Karnataka and Kerala. It is submitted that the Mandovi River is a short length west flowing river on the West Coast of India. As per pleadings the main river originates in the Western Ghats of Karnataka, and runs for 35 km., in that state, before entering State of Goa, where in it flows for another 52 Km, before merging into Arabian Sea near Panaji. It is asserted that river basin of Mandovi River, occupies about 43% of the State of Goa. (x) According to the State of Goa, the Mandovi river basin, in the State of Goa, can be broadly sub-divided into three zones or sub-regions based upon geographical utility features: (i) The sub-region of about 530 sq.km., in the upper most region of river basin located in Goa (possible conservation zone). (ii) The downstream of the conservation zone is the drainage area of the Mandovi river basin admeasuring about 541 sq.km. at low altitudes above the sea level, 108 where most of the population is concentrated in this region (population/Industrial zone). (iii) A stretch/sub-region of 509 sq.km., of basin area in its final reach is in salinity and very fragile river zone. This is the area/sub-region, where river meets the Arabian Sea (salinity affected zone). (xi) The State of Goa has pleaded that although, the drainage area of the basin within the State of Goa extends to approximately 1580 sq.km., it is neither possible, nor practicable to undertake any water conservation measures over the entire drainage area.
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