Karnataka has released enough water: Supreme Court to Tamil Nadu in Cauvery water dispute

The Supreme Court on Monday remarked that the State of Tamil Nadu appeared to be receiving more water from the Cauvery River in Karnataka than its allocated share.

A Bench of Justices Vikram Nath and Sandeep Mehta made the observation while hearing the Tamil Nadu government's plea seeking directions for immediate release of its due share of Cauvery water.

The TN government has alleged that the State is not receiving its allocated share from Karnataka despite facing a rain-deficient year.

However, the Court said,

"Instead of 9.720, if you add the total, you already have more than that. Earlier also they (Karnataka) has released much more water."

While adjourning the matter, the Court asked the Karnataka government to continue complying with the directions issued by the Cauvery Water Management Authority (CWMA) for release of water to Tamil Nadu.

As per the TN government, the quantity recommended for release by the Cauvery Water Regulation Committee (CWRC) and the actual volume supplied by Karnataka both fall far short of its requirements. Counsel representing the State said that it was not able to supply any water for irrigation.

"The total water received by TN is just 14.814 TMC. 64 TMC should have come. The proportionate quantity should be 35 TMC. There is a backlog of 20 TMC. The direction is we should get at the rate of 12,000 cusecs per day," the counsel added.

In response, Senior Advocate Shyam Divan, appearing for Karnataka, submitted that there was an enormous deficit of water in the Cauvery.

"The Cauvery water management authority is alive to the situation. It has passed two directions. Not only was 3,500 cusecs assured but it was substantially exceeded. The primary contention that we are not complying with CWMA order is false."

Divan added that the flow of water to Tamil Nadu exceeded 12,000 cusecs this morning.

"As of 8AM this morning, it has exceeded 12,000. For 13, 14, 15, 16th August, it was lower than 12,000. But we will make it up in the next few days. As far as CWMA is concerned, it is alive to all of this. After considering everything, it had said 12,000...It will be maintained for the rest of the term. The expert bodies have already applied their mind and issued directions," he added.

Considering the submissions, the Court adjourned the matter to next week to examine the status of water sharing between the States.

"Both counsel have placed fact sheets before us. We have examined the same. We feel that let it be posted after a week so that further status regarding release may be placed before this court. Ensure compliance of CWMA directions," it noted.

The dispute between Karnataka and Tamil Nadu over Cauvery water dates back to two agreements in 1892 and 1924 between the erstwhile Madras Presidency and the Princely State of Mysore.

After several rounds of failed negotiations, the Supreme Court directed the constitution of the Cauvery Water Disputes Tribunal, which gave its award in 2007, allowing Tamil Nadu to draw a fixed amount of water every day. However, the dispute continued after both States filed petitions to review the decision.

In 2016, Tamil Nadu again petitioned the Supreme Court as Karnataka submitted that it had no more water to share from its reservoir. Subsequently, the top court had asked the Central government to constitute a Cauvery Management Board (CMB).

In 2023, the Court declined to entertain an application by the Tamil Nadu government to increase its current share of Cauvery river water from 5,000 to 7,200 cusecs (cubic feet per second) per day.

The two States have another water-sharing dispute pending before the apex court. That case concerns the Pennaiyar river. The Tamil Nadu government has filed an original suit in the matter against the Karnataka government and the Central government.

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