The hearing before the Supreme Court in the Cauvery river water dispute between the States of Tamil Nadu and Karnataka was privy to some riveting arguments about crop failure, monsoon deficit and drought situation.
While Tamil Nadu (TN) told the Court that Karnataka is usurping all the water and TN lost Purvai crop, an early Kharif crop, due to lack of water, Karnataka said that it is facing a drought like situation.
"We have already lost Purvai crop, a late Kharif crop because of lack of water. We are only seeking enforcement of the award which requests proportional release. I just get 50.5% I am not getting that," Senior Counsel CS Vaidyanathan said on behalf of Tamil Nadu.
"We are facing a drought situation. Cauvery Water Management Authority (CWMA) is an expert body. It knows exactly what’s happening. This is a hands off approach. There is a 15 day periodic monitoring. This is a difficult situation for us but we are complying it. Now that monsoon is on retreat, there is very little chance of rain. Whereas they (TN) will have the advantage of the north east monsoon. CWMA has considered this. This matter should not move forward over here," said Senior Counsel Shyam Divan on behalf of Karnataka.
The Bench of Justices Vikram Nath and Sandeep Mehta eventually asked Karnataka to respond to TN's application for release of its share of water.
The matter will be heard next on October 12.
During the hearing, Vaidyanathan said that Karnataka is taking all the water and CWMA should pass an order to address TN's shortfall.
Monsoon has receded, he added.
"What is the shortfall?" the Bench asked.
"20 TMC (thousand million cubic feet) is shortfall according to us. According to them, it’s 16 TMC. When we went to CWMA, after noticing three states’ submissions nothing was dealt with regarding my deficit. Cauvery Water Regulation Committee (CWRC) and CWMA are not doing anything about deficit. They are only asking to release low quantities. If they don’t make it up now, the monsoon has receded. According to me their requirement is only 16 TMC. They have gone ahead and depleted the resources since Summer. they must consider. CWMA must pass an order in regard to our shortfall," Vaidyanathan said.
"There are directions issued by CWMA, whatever directions passed, despite being a drought here and impossible for us to comply, we have been releasing the water. So much so that there is an excess amount," Divan said on behalf of Karnataka.
"We realise you have released 6000 cusecs. They are arguing on deficit. They have raised a grievance about deficit. CWMA has to take a call," the bench said.
"They are already doing that. Every factor has been considered. We have complied. This is a sensitive issue," Divan replied.
Divan maintained that Karnataka is facing a drought situation and while TN will soon get rainfall from north-east monsoon, Karnataka does not have that benefit.
"We don’t have any hope of receiving any precipitation from north east monsoon which they will," he said.
After hearing both states, the Court sought Karnataka's response.
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