Krishna Water Dispute Tribunal And Verdicts

December 02, 2013 11:52
Krishna Water Dispute Tribunal And Verdicts

As one of the biggest rivers Krishna flows in three States- Maharashtra where it originates, Karnataka and ultimately Andhra Pradesh before merging in to Bay of Bengal, a tribunal was appointed first in 1956 headed by R.S.Bachawat which is called Bachawat commission.

Out of the total river basin, Maharashtra has 26.8%, Karnataka 43.8% and Andhra Pradesh 29.4%.

The Bachawat Committee gave its verdict in 1973 on the utilization of the river waters awarding 560 TMC to Maharashtra, 700 TMC to Karnataka and 800 TMC to Andhra Pradesh apart from which 25, 34 and 11 TMC of water allowed out of return flows. It was also allowed that the States can carryover storage when the yield of the river is over 2130 TMC in any year.

The Tribunal further stated that surplus water can be distributed at 25%, 50% and 25% among the three States when the yield of the River is more than 2130 TMC in a year. It also said that in the year when the yield falls less than 2060 TMC, the water has to be utilized by the States in proportion to the original allotment of the water by the tribunal. In case of surplus water Parliament is to take decision in case the States do not comply with the decision on it at 25%, 50% and 25%.

As the surplus water do not fall under the administration the Government dealt only with the distribution of the water without taking surplus water in to consideration as it needs an enactment. As such Andhra Pradesh has a liberty to use the surplus waters but has no right on it to claim. The tribunal has not reviewed its verdict after three years after its draft verdict in 2010.

The Government appointed another tribunal in 2004 on the requests of the States to review which started its proceedings in 2007.

The second tribunal took 65% of the average yield of the river for the past 47 years and made a draft verdict in December 2010 according to which Andhra Pradesh gets 1001 TMC, Karnataka 911 TMC and Maharashtra 666 TMC of water which will be reviewed by the tribunal in 2050 again.

The Government of AP moved Supreme Court by lodging a special petition on the verdict of the Second tribunal following which the Supreme Court gave directions not to accept the draft verdict of the second tribunal until the matter is re-examined for the violations if any of the Interstate River Water Disputes Act 1956.

The tribunal headed by Justice Brijesh Kumar gave its final verdict on 29th November 2013 which is not making broad changes in the verdict of the second tribunal. The average of water resources as worked out in the second tribunal’s draft verdict is not mentioned by the Brijesh Kumar tribunal. It also did not consider the ecological and environmental point of view in the water distribution among the three States.

The share of waters in a water year is redressed to 1005 TMC to Andhra Pradesh which was 1001 TMC in the final verdict of Brijesh Kumar tribunal which is being disputed by all the political parties of the State blaming each other for not representing the case to the tribunal resulting which the farmers of the State are deprived of their due share of water.

-SriJa

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