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National
Legal Correspondent
New Delhi: Karnataka has asserted before the Cauvery Water Disputes Tribunal that Tamil Nadu and Pondicherry failed to produce any evidence to substantiate their total claim for 566 tmcft of water from the river. In a note on the concluding remarks (arguments ended on April 21) submitted before the Tribunal on Friday, Karnataka said the adjudication should be answered against Tamil Nadu and its plea dismissed. Tamil Nadu had failed to establish with clear and convincing evidence that its equitable share (including for Pondicherry) of the Cauvery waters would be affected prejudicially when Karnataka utilised its equitable share of 465 tmcft after providing for 11 tmcft towards Kerala in the Kabini. Karnataka said: "Tamil Nadu witness Prof. Mohanakrishnan has admitted that the designed water requirement is 242 tmcft for irrigating 15.24 lakh acres dependent on the Mettur reservoir, when he was confronted with exhibits 351 and 352 prepared by Karnataka on the basis of duty and delta provided in the Cauvery Mettur Project Report of 1921. Therefore, it is not open to Tamil Nadu to claim water requirement beyond the said estimation." As per these exhibits, even with the increased cultivation, the total requirement of Tamil Nadu and Pondicherry was 312 tmcft for irrigating 21.45 lakh acres. Consequently, the burden at Mettur would be 80 tmcft and at Biligundulu 55 tmcft without considering the available groundwater of 129 tmcft in the old delta (within Tamil Nadu) and 21 tmcft north of Coleroon in Tamil Nadu. Karnataka said that during arguments Tamil Nadu failed to establish its case that the burden on the catchment above Mettur would be 323 tmcft. Tamil Nadu, Pondicherry and Kerala "have not disputed the irrigation water requirement of 408 tmcft claimed by Karnataka and therefore the said quantum should be deemed to have been admitted." The note said the three States had failed to establish that diversion of Cauvery water across the basin to meet drinking water supplies of part of Bangalore city was beyond Karnataka's equitable share. On the other hand, Karnataka said, it had established that the equitable shares of all the four States should be met out of the available, dependable water of 834 tmcft and the available ground water of 129 tmcft in the old delta and 21 tmcft in the north Coleroon area. Tamil Nadu failed to establish that it was entitled to damages. Moreover, the Tribunal had no power to grant such damages, Karnataka said.
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