The tribunal decision is in twelve volumes is being studied by the legal and technical team
- Atmaram Nadkarni, ASG
PANAJI: The Mhadei Interstate Water Disputes Tribunal has awarded Karnataka a total of 13.42 thousand million cubic feet (TMC) of water in a blow to the Goa government’s stand that no diversion of water from the Mhadei basin was to be permitted.
The order of the Tribunal, set up in 2010, comes after the three states -- Karnataka, Goa and Maharashtra -- demanded 36.71 TMC, 122 TMC and 6.5 TMC of water, respectively, from the Mahadayi river.
In a 12-volume judgement, the Tribunal said the equitable distribution of Mahadayi waters among three states is “neither necessary nor feasible” at this stage.
The Goa government, however sought to project the verdict as a victory pointing to the fact that Karnataka has been awarded only 13.42 TMC from their total claims of 36.558 TMC of water.
“I am happy that the Mhadei tribunal with its final verdict has done justice to Goa. I thank the legal team and everyone who have fought relentlessly for protecting our lifeline Mhadei,” Chief Minister Manohar Parrikar who is out of the state tweeted in response to the verdict.
According to the breakup, Karnataka has been allowed to divert 1.18 TMC from the Kalasa Nala and 2.27 TMC from the Banduri Nala from their claims of 3.56 and 4 TMC respectively.
Similarly, the Tribunal awarded 8.02 TMC of water to Karnataka for power generation from their claims of 14.971 TMC.
Karnataka’s other claims for 7 TMC for additional planned utilisation at the Kotni dam site for protective irrigation in the areas of Ramdurg, Saundatti and Bailhongal talukas, drinking water and irrigation by recharge of ground water and the Malaprabha command which are not getting adequate water as planned was rejected by the Tribunal.
The Goa legal team led by Additional Solicitor General Atmaram Nadkarni who was allowed to represent Goa said: “The tribunal decision is in twelve volumes is being studied by the legal and technical team. The state government will take all the necessary action to protect the interest of the state duly consulting all concerned after the legal and technical team.”
“The total claim of Karnataka was 35 TMC, which includes about 20.13 TMC of diversion of water outside the basin. In a detailed award running into 2711 pages, totally comprising of 12 volumes the state of Karnataka has been allocated only 5.5 TMC of water which also includes 1.5 TMC of water for in basin consumptive use for which the State of Goa did not have any objection. The Total diversion allowed to the State of Karnataka is only 3.9 TMC of water. Thus culminating into a major victory for the State of Goa. Apart from this the State of Karnataka has not been allocated any water for consumptive use,” Nadkarni said in a statement.
The Government of Goa had maintained a consistent stand before the Tribunal opposing any diversion of water from the Mhadei basin especially to the Malaprabha basin which was not entertained by the Tribunal. Instead with the Tribunal allowing the diversion of water from the Kalasa and Banduri streams, Goa has lost a major ecological argument.
Nadkarni, however claimed, Goa has won other battles before the Tribunal. “As regards the demands of the State of Karnataka for hydroelectric power generation at Kali basin the demand of the State of Karnataka for diversion of 156.6 Mcum (5.527 tmc) of water of Mahadayi river basin to the Supa reservoir of the Kali Hydroelectric Power Project, for generation of hydro-power was found to be unjustified and the Tribunal rejected the same.
“Furthermore, the demand of the State of Karnataka in respect of proposed diversion of 198.3 Mcum (7 tmc) of surplus water from the proposed Kotni reservoir of the Mahadayi Hydro Electric Power (MHEP) Project, has also not been found to be justified by the Tribunal and came to be rejected,” he said.
Nadkarni also claimed that the said minimal diversion granted to Karnataka is also not an absolute relief as the order of injunction passed by the tribunal dated 17.04.2014 disallowing diversion of water will continue to be operative and stand vacated only after Karnataka prepares revised DPR for consumptive uses within the basin and / or diversion of water outside the basin including the reservoir losses etc. for not more than 1.72 tmc at the proposed Kalasa dam site as permitted under Clause IX; the revised DPR of Diversion Scheme at Kalasa Dam site is appraised by the Central Agencies and is duly cleared; All mandatory clearances are obtained as per law; and Karnataka is allowed to take up works as per duly approved revised DPR either by the Mahadayi Water Management Authority or the Union Government.
As regards the State of Maharashtra is concerned, out of the total demand of 7 TMC of water, they have been granted only 1.33 TMC of water i.e only for in basin use. As far as tillari outside the basin diversion is concerned, the same has been rejected by the Tribunal. Furthermore, the contention of the State of Maharashtra that 10 TMC of the Tillari project should also be included in the yield of the Mahadayi basin, the said contention has been rejected.
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WHY GOA'S CASE AGAINST DIVERSION FELL FLAT
PANAJI: The expensively assembled Goa legal team to battle Goa’s case for the Mhadei Disputes Tribunal has been found wanting by the Mhdei Interstate Water Disputes Tribunal after the Tribunal found Goa’s claims to be without any basis.
“The Tribunal notes that the State of Goa, has not specifically reported, details of the existing utilization of water of Mhadei river basin. However, on the basis of the information provided by the State of Goa, particularly in response to the interrogatories administered by the State of Karnataka, the Tribunal finds that the State of Karnataka has estimated the existing utilization of water of Mahadayi river basin by the State of Goa as 9.395 tmc. The figure of existing utilization of 9.395 tmc by Karnataka, has not been contested by the State of Goa. Therefore, the existing utilization of water of Mahadayi river basin by the State of Goa is taken as 9.395 tmc by the Tribunal,” the Tribunal noted in its order.
At another instance, the tribunal noted that: “the State of Goa has not informed the Tribunal about the Changes in the water requirements, as a result of the finalization of the detailed project reports (DPRs) of the 59 projects, which have been filed by the State of Goa in response to the interrogatories administered by the State of Karnataka.”
The Tribunal further finds that, Subrai T Nadkarni has neither undertaken any scientific study nor mentioned about the scientific studies undertaken by the State of Goa or by him, to examine the claims of the State of Goa in respect of
(a) impact of diversion of water outside the basin and /or abstraction of water within the basin by co-basin States, including the State of Goa, for meeting the demand of water for various purposes (such as, drinking water, irrigation, power generation, industrial needs, etc.) on navigation,
(b) impact of diversion of water of Mahadayi river basin on irrigation in the State of Goa, (c) impact of diversion of water of Mahadayi river basin on sea level increase and increased salinity ingress in coastal areas of Mahadayi river with due consideration of the scientifically predicted global warming,
(d) impact of reduction in flow in river Mahadayi, if any, due to diversion of water of Mahadayi river basin on the process of sedimentation,
(e) effect of diversion of water of Mahadayi river basin on the agriculture in Mahadayi River Basin in the State of Goa, and
(f) impact of diversion of water by States of Karnataka and Maharashtra, on the groundwater flow pattern.
Thus, it is found by the Tribunal that, the studies by Subrai T. Nadkarni have not been undertaken with due consideration of all aspects, particularly (a) the water availability
that can be utilised for the benefit of the society, and (b) the needs projected by the co-basin States… it is apparent that the studies of Subrai T. Nadkarni are lopsided without taking into consideration all essential factors. It is apparent that the assessment of water requirements for various purposes in the Mahadayi river basin by the State of Goa are not made with due consideration to all the aspects.
Further, the State of Goa has failed to establish through scientific studies that any diversion of water outside the basin would adversely impact: (a) the water resources including
ground water resources; (b) river morphology; (c) agriculture; (d) irrigation; and (e) navigation, etc.
Similarly, the State of Goa has not established conclusively through scientific studies that the impact of climate change and global warming would adversely impact the water resources of Mahadayi river basin and consequently impact all related issues such as, river morphology, agriculture, irrigation, and navigation, etc.
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Judgement is totally
against Goa: Kerkar
PANAJI: Environmentalist Rajendra Kerkar who has been battling the diversion of water from the Mhadei river basin has said that the Tribunal’s verdict was anything but a victory.
“In the first place the Tribunal has allowed Karnataka to divert Kalsa and Bandura tributaries. Our opposition was for diversion of any sort of water and the Tribunal given permission to do so. So where does the question if victory arise? This judgement is totally against Goa. I have read it carefully, the Tribunal has given everything which Karnataka had asked,” he said.
“We do not have any project on Mhadei, yet still we are facing deficit of water in Mhadei basin. After diversion of 5.5 tmc of water the condition of the Mhadei will worsen
“I have read main synopsis of it and if I understand it correctly than this judgement is not in favour of Goa,” he said.
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Justice done to
Goa: Parrikar
PANAJI: Chief Minister Manohar Parrikar welcomed the verdict of the Mhadei Inter-state Water Disputes Tribunal.
“I am happy that the Mhadei Tribunal with its final verdict has done justice to Goa. I thank the legal team and everyone who have fought relentlessly for protecting our lifeline Mhadei,” Chief Minister Manohar Parrikar tweeted no sooner news of the tribunal’s verdict was made known.
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Belligerent earlier,
Paliencar 'softens'
PANAJI: Water Resources Minister Vinoda Paliencar, who had earlier stated that Goa was not willing to part with even a single drop of water to Karnataka, has curiously changed his tone now saying that the verdict is in tune with the minister tweeting that “the Mhadei verdict clearly reflects that the contention of the Goa government is upheld.”
His comments, however, belied the fact that the Goa government’s contention was that Karnataka could use water within the basin if it wanted to but was against diverting even a single drop of water from outside the basin.
