Taking a defiant stand, the Karnataka Government on Friday told the Supreme Court that Tamil Nadu was not entitled to seek the release of Cauvery water every week or month as Karnataka had time till December to ensure adequate release of water at Biligundlu, the inter-State border Biligundlu.
In its response to Tamil Nadu’s application, Karnataka rejected the argument that the Cauvery Monitoring Committee had evolved a formula for sharing water during distress season. Citing the minutes of the 24th meeting of the CMC on December 4, 2009 it said “no such distress formula was evolved at the meeting.”
Karnataka said: “The flow up to August 20 in the catchment, which consists of three segments — catchment above the Kabini reservoir, catchment above KRS and intermediate catchment lying below the above two reservoirs and up to Biligundlu — is only 92.2 tmcft as compared to the normal inflow of 184.1 tmcft (38 years’ average), the deficit being 50 per cent. Even under these conditions of severe distress situation, Karnataka has ensured about 16.4 tmcft at the inter-State border.”
It said: “If Karnataka releases water to Tamil Nadu by mechanically applying distress formula up to July 20, 2012 as demanded by Tamil Nadu and goes on following the same pattern till the end of September, Tamil Nadu will end up getting more water than its due share.
“Flows are accounted in the Cauvery at the end of the north-east monsoon in December after interim assessment at the end of September when the south west monsoon ends. As on June 1 this water year, the Mettur dam admittedly had about 40 tmcft. Of the remaining 85 tmcft required, about 16 tmcft has already gone till August 20 and the remaining 69 tmcft is expected to flow down the inter State border as measured by the CWC by the end of December.
“Even in the bad years of 1987-88, 1995-96, 2002-03 2003-04 and 2004-05, about 70 tmcft, 135 tmcft, 82 tmcft, 62 tmcft, and 131 tmcft respectively was measured during the period August to December by the CWC at the inter-State border. Between Biligundlu and Mettur reservoir in Tamil Nadu, about 25 tmc is normally generated and available to Tamil Nadu exclusively. During bad years, at least half of that should be available i.e., 12.5 tmcft.
“Therefore, there is no cause for concern for Tamil Nadu as it is bound to be provided with sufficient water to irrigate the samba crop of 14.93 acres even during a bad year as evident from the pattern of flows during the water years of 1987-88, 1995-96, 2002-03, 2003-04 and 2004-05.”
Karnataka submitted that in none of the years it had impounded all the flow as alleged by Tamil Nadu. “Even this year, as against the inflow of 22.05 tmcft up to July 20, a quantity of 12.3 tmcft is stored in the reservoirs in Karnataka.
Out of the balance water, the State of Karnataka has withdrawn 5.13 tmcft in its canals and ensured about 7.16 tmcft to Tamil Nadu at Biligundlu.
“Even in the bad years of 1995-96 and 2002-03, water was given as directed by the Prime Minister and Cauvery River Authority (CRA) respectively based on ground realities. In the year 2003-04 water was equitably shared without any direction from the authorities.”
On Tamil Nadu’s allegation that it had taken up summer irrigation, Karnataka said “it has all the rights to take up summer irrigation out of surplus water when the total flows are above 483 tmcft at the inter-State border (out of 740 tmcft in the basin) or unused water available within its share out of 483 tmcft at the inter-State border Biligundlu (out of 740 tmcft in the basin).”
The State sought the dismissal of the Tamil Nadu’s application.
The case will come up for further hearing on September 3.
The Centre is yet to file its response.
