Cauvery River Dispute| Supreme Court Refuses To Interfere With CWRC Order Directing Karnataka To Release 5000 Cusecs To Tamil Nadu

The Supreme Court on Thursday refused to interfere with the order of the Cauvery Water Management Authority (CWMA) that directed the State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days. The order pertains to the period of 13th to 27th September.  The order passed by the Cauvery Water Regulatory Committee (CWRC) was affirmed by the CWMA. 

A bench of Justice BR Gavai, Justice PS Narasimha and Justice Prashant Kumar Mishra observed that the CWMA and CMRC consists of various experts in the field of water resource management and agriculture. The CMRC has taken into consideration the shortfall of water this year and various other factors, including the increasing distress condition in the Cauvery basin in the last 15 days, the court observed. The Court also observed that the situation is being monitored by the appropriate authorities every 15 days. 

Senior Advocate Mukul Rohatgi appearing for state of Tamil Nadu argued that though the CWMA and CWRC have acknowledged that the state is eligible for release of 7200 cusecs, the same has been reduced to 5000 cusecs.  "It is a distress year for everyone. I'm a lower agrarian state. The calculation is based on that. In a regular year I would have been eligible for 3 times more". Rohatgi argued. 

Senior Advocate Shyam Divan submitted on behalf of state of Karnataka that the order of the CWMA is against the interest of Karnataka, but it is still being complied with. A separate application has been filed by Karnataka challenging the order, he informed the Court. "Karnataka doesn't even get the benefit of the North East Monsoons". he argued. 

"There are rival claims, Tamil Nadu is saying they need 7200 cusecs, Karnataka is saying they can only give 2000 cusecs. We are not inclined to interfere. Every 15 days they [CWMA and CMRA] are monitoring and reviewing it. It is a body consisting of various experts and they have given their reasons." Justice Gavai said during the hearing. 

Background

The Tamil Nadu government had approached the Supreme Court on August 14, 2023 seeking its intervention in compelling Karnataka to promptly release 24,000 cubic feet per second (cusecs) of water from its reservoirs. The objective was to secure the specified volume of water at Biligundlu on the interstate border for the remaining part of the current month. The request also included a plea for the Court to instruct Karnataka to guarantee the release of the designated 36.76 TMC (thousand million cubic feet) of water as outlined for September 2023 in accordance with the Cauvery Water Disputes Tribunal (CWDT)'s final decision from February 2007, which was subsequently modified by the Supreme Court in 2018. Karnataka opposed the demand of Tamil Nadu by citing low rainfall. 

On August 25, the Court had sought a report from the Cauvery Water Management Authority (CWMA) in the matter.

The Cauvery water dispute is a long standing dispute between Karnataka and Tamil Nadu and began in 1974 when Karnataka, the upper riparian State, started diverting water without Tamil Nadu's consent. The tussle reached Supreme Court after CWDT in 2007 finalised the water sharing formula. The award had come on February 5, 2007, and was gazetted by the Central government on February 19, 2013. Besides deciding on the sharing of water, the tribunal had recommended setting up a Cauvery Water Management Board and the Cauvery Water Regulation Committee.

In 2018, a three-judges bench of the then Chief Justice Dipak Misra and Justices Amitava Roy and AM Khanwilkar had directed the State of Karnataka to release 177.25 TMC of water, instead of the 192 TMC, to the State of Tamil Nadu.

Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary MA 3127/2018 in C.A. No. 2453/2007

Citation : 2023 LiveLaw (SC) 838

Click here to read the order