Brief notes on Cauvery RiverWater Dispute

The Cauvery River, the sacred Ganga of the South rises from the Talakaveri in the Brahmagiri hills of the Western Ghats and traversing through the states of Karnataka (Mysore) and Tamil Nadu (Chennai) finally discharges its waters into the Bay of Bengal near Cauvery-Patnam.

Its important tributaries include Hemavati, Laksamanatirtha, Kabbani, Suvarnavati, Yagchi (in Karnataka State), Bhavani, Amravati and Noyil (in Kerala and Tamilnadu states). The river has a total length of 805 km, and a drainage area of 80,290 km².

The Cauvery is acclaimed as one of the best- regulated rivers of the country whose 90-95 per cent of the flow is utilised for irrigation²⁹ (1.0 million hectares) and hydel power generation bringing wealth and prosperity to its entire basin area. Prosperous towns line the banks of the river. It forms a number of waterfalls, rapids and cascades providing cheap sources of hydroelectricity and narrow gorges for constructing dams and reservoirs. It is because of these benefits that a dispute arose between Karnataka, Tamil Nadu and Kerala for the sharing of its waters. Initially, the dispute was confined to Karnataka (during the last part of the 19th century) but later on Kerala also joined the contesting parties. Though river draws its 75 per cent of waters from Karnataka, its major part of the basin area (57.8 percent) lies. In Tamil Nadu where a number of irrigation schemes are utilizing its waters since olden days. Hence Tamil Nadu objected to the construction of Krishnaraja Sagar Dam in the upper reaches, for that may reduce the river’s flow and thus harm the existing irrigation and power projects.

Though agreements were reached between the two states in 1892 and 1924 but rival claims persisted till a final agreement was reached on August 27, 1976 with the assistance of the Union Minister of Agriculture and Irrigation under which a Cauvery Valley Authority has been formed to administer the existing projects and sanction new ones for the all-round development of the entire basin area of the river.

Settlements and Awards

Inter-state rivers in India are for general welfare of all the states through which they flow irrespective of political boundaries. The Harmon Doctrine has never held sway in India. Under the Constitution of India a co-riparian state is not free to develop an inter-state river regardless of the injury to other co-riparian states. Besides, the Parliament is empowered by article 262 of the Constitution of India to adjudicate any inter-state dispute or complaint.

The Constitution also empowers the Union Government to sign international agreements or treaties with neighbouring countries for sharing of waters of such rivers, which flow across neighbour’s territory.

(a) Inter-state Settlements and Awards

A number of interstate river water disputes in India have been settled through mutual agreements or tribunal awards on the basis of equitable apportionment which is the universally accepted principle.

These settlements are: first, the three states of Haryana, Rajasthan and Uttar Pradesh reached an agreement on draining the flood waters which inundated vast stretches of land in these states besides sharing power.

Punjab, Jammu & Kashmir reached an accord on January 17, 1976, on the dam across the Ravi river whereas the Punjab and Haryana settled their differences on February 20, 1976, on sharing the Ravi and Beas waters; the Punjab being the surplus power producing state, selling 1.5 million units of power daily to Madhya Pradesh, Uttar Pradesh, Himachal Pradesh, Jammu & Kashmir, Haryana and Rajasthan through various agreements.

Third, the long standing Godavari river water dispute was resolved on December 19, 1975 by signing an agreement among the five concerned states of Andhra Pradesh, Karnataka, Madhya Pradesh, Maharashtra and Orissa. Fourth, the Krishna water tribunal gave a binding award to Maharashtra, Karnataka and Andhra Pradesh on May 31, 1976. Fifth, project on the Periyar River, which was developed with the financial and technical assistance of Canada was scheduled to be completed by 1974 but delayed due to so many obstacles, and finally was completed in February 1976.

The Government of Kerala is expected to net Rs.180 million annually from the sale of power to its power starved neighbours, especially, Tamil Nadu and Karnataka. Sixth, a long-standing and complicated dispute over the sharing of water and power of the Cauvery River among Tamil Nadu, Karnataka and Kerala ended on August 14, 1976. This agreement was considered as a landmark towards settlement of some of the most complex issues relating to the use of the Cauvery waters and the development of the river basin. A Cauvery Valley Authority will be constituted under the agreement.

Seventh, Andhra Pradesh and Orissa agreed on December 1976, to share the waters of the Jhanjavati River, and finally a long-standing dispute between Assam and Manipur to share waters of the Barak River was resolved on January 1, 1976. These agreements and mutual sharing of water and power through negotiations and peaceful means is an example of stability of a nation state and reflects that unity and national integration is being achieved in India.

The principle of equitable distribution may not be applicable to all interstate water disputes in India. Another principle applied is in the payment of compensation for submerging the areas of states when another state builds a dam over an inter-state river. Such compensation was given to Madhya Pradesh by Rajasthan to build Bajajsagar Dam on the Mahi River. Similarly Gujarat agreed to compensate Madhya Pradesh for building the Navagam Dam on the Narmada River.

The third principle is the sharing of costs and benefits proportionately for a joint project. Many of the inter-state river development projects have been undertaken on these criteria. The above- mentioned Mahi waters and the Musakhand projects were settled on proportionately sharing of cost and benefits.

(b) International Treaties and Agreements

Amongst the international agreements concerning river water disputes mention may be made of the Indus Water Treaty (I960) and Farakka Agreement of Sharing Ganga water (1977).

The former was the after effect of the Partition (1947) involving India and Pakistan over the sharing of water resources of the Indus and its tributaries. When India took up the massive construction of the Bhakra-Nangal Dam across the Sutlej, Pakistan expressed apprehension of the reduced flow in irrigation canals the lifeline of Western Punjab.

Fortunately the dispute was amicably settled by the World Bank and India was given exclusive possession of three eastern rivers (the Sutlej, Beas and Ravi) and Pakistan over the remaining three (the Indus, Jhelum and Chenab). The World Bank gave a sizeable aid to Pakistan for the construction of link canals to feed old canal systems in which India also made generous contribution.

The Farakka water dispute between India and Bangladesh over the sharing of the Ganga water spoiled the cordial relations between the two neighbours established during 1971 Bangladesh liberation war.

Though experts agree that Bangladesh for major part of the year is facing the problem of water logging and floods rather than water scarcity and India is in dire necessity of saving Kolkata port by augmenting the flow in the Hooghly for which the huge Farakka barrage and link canals have been permanent settlement to this problem, she extended her hands of friendship by signing the Farakka Agreement on November 5, 1977 even by overlooking her immediate vital interests.

But Bangladesh, which is still sticking to its stubbornness and is more interested in internationalizing the whole issue rather than finding a permanent solution, has paid least attention to India’s proposal for increasing the Ganga flow through gravity canals from the Brahmaputra. The agreement largely goes against India’s interest and it would not be surprising if the Indian Government scraps it in view of Bangladesh’s uncompromising postures and the matter gain becomes volatile.

India has also entered into mutual agreement with Nepal and Bhutan for the development of international rivers flowing through these countries and accordingly many projects are under execution.