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KWDT II Further Report

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KWDT II Further Report i KRISHNA WATER DISPUTES TRIBUNAL THE FURTHER REPORT OF THE KRISHNA WATER DISPUTES TRIBUNAL 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 to 139) NEW DELHI 2013 --------------- ii COMPOSITION OF THE KRISHNA WATER DISPUTES TRIBUNAL (During the hearing of the References under Section 5(3) of the Inter-State Water Disputes Act, 1956). CHAIRMAN Shri Justice Brijesh Kumar, (Former Judge, Supreme Court of India) MEMBERS Late Shri Justice S.P. Srivastava, (Former Judge, Allahabad High Court, Uttar Pradesh) (Upto 09.08.2012) Shri Justice D. K. Seth, (Former Judge, Calcutta High Court, Kolkata) Shri Justice B.P. Das, (Former Judge, Odisha High Court, Cuttack) (From 21.01.2013 to date) iii iv Assessors Consultant 1. Shri R.S. Prasad 1. Shri Suresh Chandra Former Chairman, CWC 27.04.2011 to 28.09.2112 19.06.2006 to 01.02.2011 07.08.2013 to 28.09.2013 2. Shri Suresh Chandra Former Chairman, CWC. 19.06.2006 to 26.04.2011 3. Shri Indraraj Former Member, CWC 10.0 2.2012 to date. Assisted by – 1. Mr. V. Raghunathan (Ex. Engineer) 20.03.2008 to 20.3.2011 2. Mr. M.R. Chakraborty (Ex. Enginer) 16.07.2011 to date v ADVOCATES : 1. For the State of Maharashtra :- Shri T.R. Andhyarujina, Sr. Advocate Shri Shoumik Ghosal, Advocate Shri D.M. Nargolkar, Advocate on Record. 2. For the State of Karnataka :- Shri F.S. Nariman, Sr. Advocate Shri Anil B. Divan, Sr. Advocate Shri S.S. Javali, Sr. Advocate Shri Ravi Varma Kumar, Advocate General Shri Mohan V. Katarki, Advocate Shri Subhash C. Sharma, Advocate, Shri Gurudatta Ankolekar, Advocate Shri Ranvir Singh, Advocate Shri Brijesh Kalappa, Advocate on Record. Contd…… vi 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 M.R.S. Srinivas, Advocate Shri G. Umapathy, Advocate Late Shri T.N. Rao, Advocate on Record (Upto 4.10.2012) Mrs. S. Usha Reddy, Advocate on Record. 4. For Central Government :- Shri Wasim A. Qadri, Advocate on Record Shri Zaid Ali, Advocate Shri Yatin Bhushan, Advocate Shri Tamim Qadri, Advocate -------------------------------- vi I N D E X S.No. Particulars Page Nos. 1. Chapter I 1-37 2.. Introductory. 1-6 3. Background of Decision dated 30.12.2010. 6-17 4. Arguments on some General aspects. 17-24 5. Scope of Proceedings u/s 5(3) of the Act. 24-37 Chapter II 38-80 6. Reference No. 2 of 2011 Points taken by Karnataka . 7. Point No. 2(i) – Remaining unallocated water 38-47 8. Point No. 2(ii) – Return flows. 47-55 9 Point No. 2(iii) – Restriction on UKP utilization. 55-57 10. Point No. 2(iv) – Water Savings & Planning. 57-62 11. Point No. 2(v) – About validity of clearances already given in 62-70 respect of UKP. 12. Point No. 2(vi) – Allocation of more quantity of water to 71-73 Andhra Pradesh against doctrine of equality of States & self- contradictory to its findings. 13. Point No. 2(vii) – Drinking water and water for industrial use – 73-74 separate allocation. 14. Point No. 2(viii) – Regulated Release from Almatti to Andhra 74-76 Pradesh. 15. Point No. (2(x) – Objection to allocation for Telugu Ganga. 76-78 16. Point No. 2(xii) – Minimum flows . 78-80 vii I N D E X S.No. Particulars Page Nos. Chapter III 1. Reference No. 3 of 2011 : Clarification sought by 81-139 Maharashtra Clarification No. 1 – Claim for increase in surplus 81-84 2. allocation. 3. Clarification No. II – Reduction in carry-over storage 85-87 provided to Andhra Pradesh. 4. Clarification No. III – Return Flows. 88-89 5. Clarification No. IV – Proportion of incremental shares of 89-92 the States at different dependabiliites. 6. Clarification no. V – Minimum flows. 93-95 7. Clarification No. VI – To clarifiy that the allocations 95-105 made by this Tribunal are enbloc. 8, Clarification No. VII - Correction in Clause X 1(a) of the 106-109 Order correcting it as mainstream of river Bhima. 9. Clarification No. VIII – Relaxation in use from – 110-114 Ghataprabha Sub-basin K-3. 10. Clarification No. IX – Drinking water supply for Chennai. 115-120 11. Clarification No. X – Review Authority. 120-127 12. Clarification No. XI – Expenditure incurred by KWD-IB 127-131 on administration of Tungabhadra project be shared only by Karnataka and Andhra Pradesh and not by Maharashtra. 13. Clarification No. XII – Sedimentation within 20 Kms of 131-135 Maharashtra – its dredging by Karnataka. 14. Clarification No. XIII – Survey of Sedimentation by Tojo 135-137 Vikas International Private Limited – cost to be borne by Karnataka alone. 15. Clarification No. XIV – KWD-IB should implement the 137-139 Real Time Flood Forecasting System in the entire Krishna basin to mitigate the flood situation. viii I N D E X S.No. Particulars Page Nos. Chapter No. IV 140- 362 Reference No. 1 of 2011 (A.P.) 1. Clarifications of Andhra Pradesh 2. The length of series for assessing the yearly yield 142-150 3. Section 4(1) Proviso : Series of 78 years – settled issue. 150-152 4. IS 5477 (Indian Standard): Fixing the capacity of Reservoir. 153-161 5. Utilization in Minor Irrigation of Maharashtra 162-169 6. Utilization in Minor Irrigation of Karnataka. 169-179 7. Challenge to the yearly water series of 47 years. 180-188 8. Series of 112 years prepared by Prof. Subhash Chandra should be 188-207 accepted. 9. Indiscriminate increase in projects of Maharashtra and Karnataka 207-217 and oversized Reservoirs : Real and apprehended over utilization. 10. The loss of storage of Tungabhadra Reservoir due to siltation. 217-223 11. Non-consideration of projects of Andhra Pradesh in Tungabhadra 223-231 K-8 sub-basin. 12. Height of Almatti Dam 231-242 13. Success Rate. 242-248 14. Percentage of dependability. 248-262 15. Re : Live Storage Capacity of Krishna basin and that of Srisailam 262-280 and Nagarjunasagar Reservoirs – effect of Siltation. 16. Built up Storage Capacity should have been based on Average 280-285 utilization of Ten years. 17. Distribution of water at 50% dependability cannot be on the same 286-298 footing as dependable flows on equitable consideration. 18. About Drought Prone Areas in Karnataka and Andhra Pradesh. 298-303 ix 19. Inequitable Distribution. 304-307 20. Allocation at different dependabilities – Details of manner of 307-338 drawal of water of respective share by States (Part-I of the Scheme) 338-343 (Part-II of the Scheme) 343-348 21. Power of the Tribunal to frame Scheme constituting 348-362 Implementation Board… Section 6A of ISRWD Act 1956. I N D E X S.No. Particulars Page Nos. 1. Chapter V 363-376 Reference No. 4 of 2011 of Central Government 2. Clarification of Para 1(a) – 363-368 Planning of Projects and allocation of water 3. Clarification of Para 1(b) - 369-370 About sharing of water in lesser yield. 4. Clarification of Para 1(c ) - 370-371 Suggested system of drawal of water. 5. Clarification of Para 1(e) – 371 For extending time to nominate members of KWD-IB 6. Clarification of Para 1(f)- 371-374 Discrepancy in figures of utilization in Minor Irrigation of Maharashtra. 7. Conclusion. 374-376 I N D E X S.No. Particulars Page Nos. 1. Schedule-I of Further Report List of explanations and clarifications made and 377-397 consequential deemed amendments. 2. Schedule-II 398-446 Order as to be finally read after incorporating the deemed amendments in the Order and the Appendix-1 of Decision dated December 30, 2010. x 1 CHAPTER – I Reference No. 1 of 2011; Reference No. 2 of 2011; Reference No. 3 of 2011 & Reference No. 4 of 2011 Introductory : The Central Government had referred the water dispute amongst the three States of Maharashtra, Karnataka and Andhra Pradesh, relating to the waters of river Krishna, to this Tribunal (hereinafter referred to as the Tribunal) for adjudication under sub-section 1 of Section 5 of the Inter State River Water Disputes Act, 1956 (hereinafter referred to as the Act). The Tribunal after investigation and the hearing of the matter, rendered its Decision/Report on 30 th December, 2010 and forwarded the same to the Central Government on the same date namely, 30 th December, 2010 as per sub-section 2 of Section 5 of the Act. It is provided under sub-section 3 of Section 5 of the Act that the Central Government or any State Government, in case it is of the opinion that anything contained in the decision requires explanation or that guidance is needed upon any point not originally referred to the Tribunal, may within three months 2 from the date of the Decision, again refer the matter to the Tribunal for further consideration. The States of Andhra Pradesh and Karnataka filed their Reference Petitions under Section 5(3) of the Act on 28.3.2011. The State of Maharashtra and the Central Government filed their Reference Petitions on 29.3.2011. The Reference Petitions have been registered as Reference No.1 of 2011 to Reference No. 4 of 2011, respectively. All the References have been filed within the prescribed period of three months from the date of the decision. So far as the State of Andhra Pradesh is concerned, in para-9 page 11 of its Reference Petition, it has listed the issues, fourteen in number, on which clarification and guidance/explanation has been sought.
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