The Hindu : Front Page : Cauvery: final award on February 5

Online edition of India's National Newspaper
Wednesday, Jan 17, 2007
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Cauvery: final award on February 5

J. Venkatesan

Tribunal's term ends that day

New Delhi: The Cauvery Water Disputes Tribunal will give on February 5 its final award apportioning water among the riparian States of Tamil Nadu, Karnataka, Kerala and Puducherry, according to tribunal sources. The term of the tribunal, in existence for over 16 years, ends that day.

The tribunal, comprising Chairman Justice N.P. Singh and members N.S. Rao and Sudhir Narain, gave an interim award on June 25, 1991, directing Karnataka to release 205 tmcft of water every year to Tamil Nadu. It reserved verdict on July 27, 2006, at the conclusion of marathon proceedings on various aspects of the dispute, namely allocation of water as per crop requirements, the cropping pattern, and the mechanism for implementation of the final award.

Karnataka ordinance

After the tribunal, constituted on June 2, 1990, gave its interim award, Karnataka promulgated an ordinance to nullify it for protecting the interests of the State's farmers.

On a reference from the Centre, the Supreme Court held that the ordinance was unconstitutional. The Centre published the interim award in the December 11, 1991 gazette. The Cauvery River Authority was constituted in 1998 to ensure proper implementation of the interim award.

During arguments, Tamil Nadu urged the tribunal to pass the final award, allocating 562 tmcft as its share. In its perception, Karnataka's requirement, based on a scientific assessment, was only 175 tmcft. Similarly for Kerala, the requirement was 8.32 tmcft and for Puducherry 7.266 tmcft.

Tamil Nadu also wanted the tribunal to set up an Authority for administering and controlling all specified reservoirs in Karnataka and Tamil Nadu to ensure timely release of the due share of waters to each State as per the final award.

Karnataka maintained that its requirement was 465 tmcft and that Tamil Nadu required only 253 tmcft. There was no need for a separate Authority. Both Kerala and Puducherry maintained that their share should be protected in the final award.

In the last 16 years, the tribunal held over 570 days of hearings; in April 2006, all the States completed their arguments.

Confidential reports

However, the tribunal members released the confidential reports of the assessors in May 2006, according to which Tamil Nadu was to get 395 tmcft for irrigating 24.7 lakh acres, Karnataka 250 tmcft for irrigating 18.85 lakh acres, Kerala 33.4 tmcft and Puducherry 7 tmcft. This estimate was based on the total average availability of 740 tmcft in the Cauvery basin.

However, the States did not accept the reports and pleaded for modification, and the verdict was reserved.

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