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National
Legal Correspondent
No order was passed on the application at July 10 hearing Copies of the application made available after tribunal direction
New Delhi: The Centre has asked the Cauvery Water Disputes Tribunal to explain the procedure for distress sharing of water among the riparian States of Tamil Nadu, Karnataka and Kerala and the Union Territory of Puduchery to avoid problems in the future. The tribunal, at its hearing on July 10, did not pass any order on the Centre’s application but asked it to approach the Supreme Court by impleading itself in the petitions. The application was kept a secret and made available to the parties (a copy was obtained by The Hindu) after the tribunal gave its direction. The tribunal did not take up for hearing even the clarification applications filed by Tamil Nadu and others. The Centre in its application said “it has been mentioned that a year giving total yield of 740 tmcft is a normal year, which may mean that the year giving less is a distress year.” It wanted an explanation on whether the total yield to define distress year should include the carryover as on June 1. Referring to the final award that the Cauvery Management Board would identify situations of distress in the basin, the Centre said: “It is not clear whether ‘distress year’ and ‘situations in distress’ are envisaged as two different entities.” On sharing of distress, it wanted to know “whether they relate to individual periods (i.e end of South West or North East monsoon or end of both South West and North East seasons or end of a particular crop season(s) or year as a whole).” It wanted the tribunal to explain the procedure for distress sharing, especially in view of the fact that the upper catchments in Karnataka and Kerala were predominantly under the influence of the South West monsoon, whereas those in Tamil Nadu were influenced by the North East monsoon. On the direction that Karnataka should make available 192 tmcft to Tamil Nadu at Billigundulu in a normal year, the Centre said “whether a water year is normal or distress can be ascertained only at the end of a water year and accordingly the shares of the Cauvery basin States can be proportionately reduced in the subsequent water year in respect of the previous water year after determining the yield.” The application said: “The apportionment of water has been done on the basis of 50 per cent dependable yield. Many projects in the Cauvery basin are under appraisal by the Central Water Commission. The Tribunal may clarify whether the projects in this basin are to be planned/sanctioned based on 50 per cent dependability, subject to technical/financial feasibility.” It said the tribunal apportioned less than what Karnataka and Tamil Nadu claimed for cropped area. The tribunal must clarify whether the States were free to scale down the project-wise utilisations later to plan additional projects against such savings.
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