Release 6000 Cusecs Of Water For Two Days To TN: SC To Karnataka [Read Order]

“We just cannot imagine how in a federal structure like India a state can say it will not obey the SC order and pick up a fight with another state. It is not permissible” : SC

Continuing with its efforts to resolve the water dispute between the two southern states, the Supreme Court today asked Karnataka to release 6000 cusecs of water for two days to Tamil Nadu and made it clear that “this is to show its bona fide”.

Adjourning the matter to Friday, the court also asked Attorney General Mukul Rohatgi to facilitate a meeting between the executive heads of the two States and the Centre to resolve the impasse.

It is to be noted that the fresh hearing was necessitated after Karnataka government moved the court again on Monday for permission to postpone the implementation of its order to release water to Tamil Nadu till January 2017.
Rohatgi assured the court that the Centre would attempt to resolve the issue by calling a meeting between the chief ministers of Tamil Nadu and Karnataka in the next two days.

“Take all steps to resolve the issue and get back by Friday. We are adjourning the matter in the interest of a peaceful resolution”, the bench told the AG.

“We are fed up with the unending litigation over sharing of Cauvery water. The situation has arisen time and again because of Karnataka's obstructionist and obstinate attitude”, Tamil Nadu’s lawyer told the court.

Meanwhile the SC refused to take into account Karnataka Assembly resolution not to release Cauvery water to Tamil Nadu.

The judges told the counsel for Karnataka Fali Nariman to tell chief minister Siddaramaiah that Supreme Court orders be better complied with. “We just cannot imagine how in a federal structure like India a state can say it will not obey the SC order and pick up a fight with another state. It is not permissible”  the bench said.

On Monday, Karnataka moved the Supreme Court seeking a modification of the September 20th order, requiring the state to release 6,000 cusecs of Cauvery water to Tamil Nadu every day from September 21st to 26th.

The state claimed that it could not release any water to Tamil Nadu because it has to secure drinking water for its own needs.

In its affidavit, Karnataka said, “The Cauvery Water Disputes Tribunal in its  final order dated 05.2.2007 in Clause IV had allocated each party state’s share at 50% dependability – i.e. such share available only in two out of four years: but water for drinking purposes has to be supplied on priority in every year – that is to say at 100% dependability.

It is respectfully submitted that in a year of insufficient rainfall and distress, the state is nonetheless obliged to reserve for supply to inhabitants water at national standards norms (viz. 135 litres per capital per day) in urban areas and (70 litres per capital per day) in rural areas.

In discussions between representatives of government and the irrigation authorities of the state on September 16th, it was decided to take steps to ensure drinking water in Cauvery Basin to inhabitants.” So, Karnataka has asked the court to issue directions based on the stock of water before the water season ends on January 1st.

This comes from the state assembly resolution that was passed unanimously in Karnataka last week declaring that water will not be drawn from the reservoirs, except for drinking water purposes. In quick response, Tamil Nadu filed a counter affidavit stating that Karnataka’s plea for modification must not be entertained as it would dilute the court’s order. The court, in this case, has issued three interim orders so far.

First, Karnataka was asked on September 5th by the SC to release 15,000 cusecs of water per day till September 16th. This order was revised on September 12th to 12,000 cusecs of water per day till September 20th. The interim orders have come under serious criticism from all corners. Taking note of that, the court asked the Centre to set up the Cauvery Management Board within four weeks from September 20th.

Read the order here.