New Delhi: Tamil Nadu Government on Friday filed an application before the Cauvery Water Disputes Tribunal seeking an additional allocation of 60 tmcft of water, over and above 419 tmcft allocated by the Tribunal in the final award, by reducing the allocations made to Karnataka and Kerala.

The Tribunal gave its final award on February 5 on the apportionment of Cauvery river water among the four riparian States of Tamil Nadu, Karnataka, Kerala and Union Territory of Puducherry.

The application filed on Friday is expected to be taken up by the Tribunal after May 5, (i.e.) after the expiry of the 90 days provided for in the award.

The Tribunal had determined the total availability of water in the Cauvery Basin at 740 tmcft at Lower Coleroon Anicut site and allocated for Tamil Nadu, 419 tmc ft; Karnataka 270 tmcft; Kerala 30 tmcft and Puduchery 7 tmcft. As per the final award Tamil Nadu's share to be released by Karnataka at Biligundulu gauging station is 182 tmcft, in addition 10 tmcft for environmental purposes. From this 192 tmcft, Tamil Nadu will release 7 tmcft to Puduchery.

Karnataka's violation

Seeking clarification and modification on various issues, Tamil Nadu said "the rights acquired by lakhs of farmers in the Cauvery basin of Tamil Nadu have been denied protection. The upstream State {lcub}Karnataka{rcub} which has grossly violated the agreements and taken up projects has been permitted areas which are yet to be developed."

It pointed out that as per the 1924 agreement, Karnataka was entitled to irrigate 1.10 lakh acres under the Hemavathi project. However, as against Karnataka's claim to irrigate 7,00,000 acres mostly for dry irrigation, the Tribunal had permitted 6,55,000 acres. "There is no basis for allowing such large areas" when it had denied permission to Tamil Nadu to have second crop.

It sought permission to take the second crop as paddy within the crop growing season from June to January under the anicut channels and allocated 6 tmcft additionally for the second crop. It said the allocation of 43.67 tmcft to Karnataka from the Hemavathy project should be reduced to 23 tmcft. It sought suitable relief by reducing the crop water requirements for the areas under different projects in Karnataka as well as in Kerala. Tamil Nadu wanted the Cauvery Management Board to be vested with powers for directing sharing of inflows during distress period as also for recognising and ensuring supplies to the age-old irrigation during the distress period in the basin.

It wanted guidelines and rules framed by the Central Water Commission in consultation with the States for all the specified reservoirs within six months from the notification of the award.

Referring to payment of damages for failure to honour the award, Tamil Nadu said "the amount of damages to be determined shall not be in substitution of the quantum of water to be released by the defaulting State, but will be in the nature of compensatory or punitive damages. Repeated and continued violation of the orders of the Authority shall necessarily result in punitive damages being imposed by the Authority apart from compensatory damages."

`Pacts should continue'

Tamil Nadu wanted that all drinking water agreements entered into by the States concerned should continue to be in force and acted upon by the party states. It sought a direction from the Tribunal that the final award would be in operation for 50 years from the date of notification; on the expiry of which it would be open to the party Sates to seek review.

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