New Delhi : No State can claim exclusive ownership of the Cauvery river waters so as to deprive the other States of their equitable share, the Cauvery Water Disputes Tribunal said in its final award on February 5.

The Tribunal has apportioned the 740 tmcft of available waters in the Cauvery basin among Tamil Nadu, Karnataka, Kerala and the Union Territory of Puducherry as follows: 419 tmcft for Tamil Nadu; 270 tmcft for Karnataka; 30 tmcft for Kerala and 7 tmcft for Puducherry. Of the entitlement of 419 tmcft for Tamil Nadu, Karnataka should release 192-tmcft (including Puducherry's share of 7 tmcft); 10 tmcft for environmental protection and 4 tmcft for seepages into the sea.

While arriving at this figure, the Tribunal says the past utilisation of water is a relevant factor. Tamil Nadu (the then State of Madras) being the lower riparian State has been enjoying almost full flow of the Cauvery as well as its tributaries in Karnataka (the then state of Mysore) and Tamil Nadu. As per the "equitable apportionment" formula, each party State is entitled to receive a just and fair share of the available river supplies.

However, the total claim of the party States for development of irrigation far exceeds the availability of waters and therefore, some restrictions would be imperative. In Tamil Nadu, the entire development, past and future, is based on paddy cultivation, which is a high water consuming crop and further it has almost reached the ultimate potential of its irrigation development by 1974. As far as Karnataka is concerned, in the past it had been growing paddy wherever it could get irrigation facility but could not complete by 1974 the development as contemplated under the 1924 agreement.

Most of the development in Tamil Nadu is based on paddy cultivation, whereas the bulk of the demand put forth by Karnataka is for raising semi-dry crop in its new project areas. Semi-dry crop needs much less water per acre of crop in comparison to paddy cultivation. Under equitable distribution, it is one of the considerations that the existing development of irrigation may be kept in view as far as possible. Referring to the total claim of Tamil Nadu to irrigate 29.26 lakh acres, the Tribunal says the entitlement of 24.71 lakh acres would be reasonable.

It arrived at this figure by taking into consideration the total areas developed by the then State of Madras before 1924 (15.20 lakh acres); permitted under the 1924 agreement (6.20 lakh acres); developed outside the agreement but considered on merit and equity-projects (2.06 lakh acres) and minor irrigation (1.25 lakh acres).

As far as Karnataka was concerned, it says the State claimed to develop irrigation in gross area of about 27.29 lakh acres, including future plans. However, irrigation in 18.85 lakh acres would be reasonable. The Tribunal arrived at this figure as follows: pre-1924 (3.44 lakh acres); permitted under the 1924 agreement (7.24 lakh acres); on merit-projects (6.91 lakh acres) and minor irrigation (1.26 lakh acres).

While allocating 30 tmcft of water to Kerala, the Tribunal says the State may take some time to utilise its allocated share and some unutilised water from its share would be flowing into the Kabini, Bhavani and Amaravathy reservoirs. "In view of this, the unutilised water from Kerala's share is being permitted to be used by Tamil Nadu, till such time Kerala uses its allocated share of water. The temporary arrangement of use by Tamil Nadu of the unutilised water from the share of Kerala shall not confer any right whatsoever on Tamil Nadu," the Tribunal said.

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