Mulla Periyar Dam Issue

Mulla Periyar Dam Issue

(1) On 29-10-1886 a lease indenture for 999 years was made between Maharaja of Travancore and Secretary of State for India for Periyar irrigation works by another agreement in 1970, Tamil Nadu was permitted to generate power also.

(2) The Mullaperiyar Dam was constructed during 1887-1895 across Periyar River in the then Travancore state (now Kerala) territory after said indenture. The Periyar Dam with full reservoir level of 152 ft. provides for diversion of water from the reservoir through a tunnel to Vaigai basin in Tamil Nadu for irrigation benefits in 68558 ha.

(3) In 1979, reports appeared in Kerala Press about the safety of Mulla Periyar Dam. On 25th November, 1979 Chairman, CWC held discussions at Thirvananthapuram regarding strengthening Periyar dam with officers of Irrigation and Electricity, Deptt. of Kerala and PWD of Tamil Nadu. In the meeting, emergency measures to be completed before next monsoon (1980), medium term measures and long-term measures for strengthening of Periyar Dam were decided. One of the emergency measures was to keep the shutters of spillway raised fully to lower the reservoir level to 136 ft.

(4) A second meeting under the Chairmanship of Chairman, CWC was held on 29th April 1980 at New Delhi and it was opined that after the completion of emergency and medium term measures in the form of cable anchoring, the water level in the reservoir can be restored up to 145 ft.

(5) As per the Memorandum on the Rehabilitation of Mulla Periyar Dam prepared by CWC and forwarded to Tamil Nadu on 25th March, 1986, emergency measures were implemented. In the aforesaid Memo, CWC gave its recommendation about peak flood and size of additional vents to be added in the spillway for implementing remaining emergency measure of providing additional spilling capacity. It also gave its recommendation about the design details of concrete backing on the downstream face of the dam. Besides this, CWC suggested The Government of Tamil Nadu to examine the possibility of raising the top of RCC parapet by another two feet apart from few other suggestions.It was opined in the forwarding note that after completion of the proposed strengthening measures, provision of other additional vents and implementation of other suggestions, Periyar dam would be competent to hold water upto FRL of 152 ft.

(6) The matter became subjudice with several petitions in the Kerala and Tamil Nadu High Courts. All these cases were transferred to the Supreme Court which heard the matter and desired in its order dated 28.4.2000 that Hon’ble Minister (WR) may convene a meeting of the Chief Ministers of both the states of Kerala and Tamil Nadu to amicably resolve the issue.

(7) Hon’ble Minister (WR) convened the Inter-State meeting on 19.5.2000 and as decided in the meeting, an Expert Committee under Member (D&R), CWC with representatives from both States was constituted in June 2000 to study the safety of the dam with respect to strengthening of dam carried out by The Government of Tamil Nadu on the advice of Central Water Commission and advise regarding raising of water level in the reservoir beyond 136 ft as a result of strengthening of dam.

(8) The Committee in its report of March, 2001 opined that with the strengthening measures implemented, the water level can be raised from 136 ft. to 142 ft. without endangering safety of the dam. Further raising of water level to 152 ft. will be considered after balance strengthening measures are implemented.

(9) In the case of Transfer Petition (Civil) No. 779-783/1998 Dr. Subramanian Swamy Vs Tamil Nadu, the Report of the Expert Committee was filed in the Hon’ble Supreme Court on 31.8.2001 and also sent to the State Governments of Kerala and Tamil Nadu.

(10) In writ Petition ( C) No. 386 of 2001 (Mulla Periyar Environmental Protection Forum Vs Union of India and Ors) the Supreme Court in its Judgement dated 27.2.2006, permitted the Government of Tamil Nadu to raise the water level of Mulla Periyar dam from 136 ft. to 142 ft. and take up the remaining strengthening measures.

(11) Consequent to the aforesaid orders of the Supreme Court of India, the Kerala Government passed the Kerala Irrigation and Water Conservation (Amendment) Act 2006 which received the assent of the Governor on 18th March 2006 which prohibited the raising of water level beyond 136 ft. in the Mulla Periyar Dam as Mullaperiyar Dam was placed under the Schedule of ‘Endangered Dams’.

(12) The Government of Tamil Nadu filed a suit No. 3 of 2006 - State of Tamil Nadu v/s State of Kerala and Union of India in the Hon’ble Supreme Court on 31.3.2006 praying for-

(i) Declaration of Kerala Irrigation and Water Conservation (Amendment) Act 2006 passed by Kerala Legislature as unconstitutional in its application to and effect on Mulla Periyar Dam.

(ii) Pass a decree of permanent injunction restraining Kerala from application and enforcing impunged legislation enforcing with or obstructing Tamil Nadu from increasing the water level to 142 feet and from carrying out the repair works as per judgment of Supreme Court dated 27th February 2006.

(13) A Review Petition filed by the State of Kerala on 3.4.2006 was dismissed by the Supreme Court on 27.7.2006. 

(14) In the matter referred to in para 13 above, the Hon’ble Supreme Court has passed an order on 25.9.2006 stating “the two State Governments independently or with the intervention of the Union of India may try to sort out the dispute, if possible.

(15) The Hon’ble Union Minister (WR) convened an inter-State meeting of the Chief Ministers of States of Tamil Nadu & Kerala on Mulla periyar dam issue on 29.11.2006 at New Delhi. Hon’ble Union Minister (WR) further discussed matter with the Minister (WR/PW) from the States of Tamil Nadu & Kerala on18.12.2006. The States of Tamil Nadu and Kerala reiterated their respective stand in the meetings and no consensus could be reached regarding a solution acceptable to both States. The matter is now subjudice.

(16) Subsequently, Hon'ble Chief Minister of Tamil Nadu met Hon'ble Prime Minister on 18.12.2007 and Hon'ble Prime Minister suggested him to have a meeting with Hon'ble Chief Minister of Kerala on Mulla Periyar issue. Hon'ble Chief Minister of Tamil Nadu met Hon'ble Chief Minister of Kerala on 19.12.2007 in presence of Hon’ble Union Minister of Water Resources. Further a letter dated 20.12.2007 was received from the Hon'ble Chief Minister of Tamil Nadu mentioning that in the above meeting, Hon’ble Chief Minister of Tamil Nadu suggested to oversee the seepage measurement of the dam by engineers not belonging to either of the two States through CWC and Hon’ble Chief Minister of Kerala agreed to consider them.

(17) Later, the Govt. of Tamil Nadu forwarded a letter dt 22/1/08 of Hon'ble Chief Minister of Kerala addressed to Hon’ble Chief Minister of Tamil Nadu wherein it is mentioned that in the meeting dt 19/12/2007 he suggested a joint mechanism to monitor the seepage. The Govt. of Tamil Nadu also enclosed a letter dated 4/2/2008 from Hon’ble Chief Minister of Tamil Nadu addressed to Hon'ble Chief Minister of Kerala wherein it is mentioned that joint monitoring was not discussed in the meeting.

(18) CWC was requested to suggest a suitable mechanism for monitoring the seepage and possible structure of the Committee to monitor it. They suggested a nine- member Committee headed by a Chief Engineer, Central Water Commission having representatives from both States for Monitoring the seepage of Mulla Periyar Dam. The composition of the Committee along with terms of reference was sent to Chief Secretary, Government of Tamil Nadu and Kerala vide letter dated 28.4.2008 for their concurrence / suggestions.

(19) The Government of Tamil Nadu vide its letter dated 17.6.2008 has sent its comments on the proposed Monitoring Committee stating that the present proposal of the Government of India to constitute a Committee comprising officers from CWC, Tamil Nadu Government and Kerala Government to measure the seepage in Mulla Periyar Dam is not in conformity with the discussion held in the meeting dated 19.12.2007 and proposal will lead to more and more complications and thus not acceptable to Govt. of Tamil Nadu. The Govt. of Kerala vide letter dt 24.2.2009 informed that the stand taken by the Govt. of Tamil Nadu for neutral agency of experts excluding those form Kerala and Tamil Nadu is not acceptable to them.

(20) In the meanwhile, Govt. of Kerala has got done hydrological review studies from a professor of IIT, Delhi and has since filed the said hydrological studies report in the Hon’ble Supreme Court on 15.07.08 in connection with Suit No.3 of 2006 filed by the Government of Tamil Nadu. It has been concluded in the report that the Mulla Periyar dam is hydrologic ally unsafe for passing the estimated Probable Maximum Flood (2, 91,275 cusec / 8,248 cusec) with the existing spillway capacity. Comments of Hydrological Studies Organisation, CWC on the report were forwarded to the Govt. Advocate as per instructions of MoWR vide CWC letter dated 13.10.08. CWC has commented that the difference in the adopted values of Design Rainfall (Storm) depth, Time distribution of rainfall, Unit hydrograph & Infiltration rate have resulted in estimation of higher flood peak (PMF) and the said studies by the IIT Professor does not appear to be well founded.

(21) Meanwhile the Government of Kerala constituted a Committee in May 2009 which submitted its report in June, 2009. The Committee suggested mapping of the underwater area, installation of highly sensitive computer operated Seismograph and construction of a new Dam downstream of existing dam. The Committee has also opined that the dam has reached such a deteriorated condition that no amount of rectification work could salvage it to a safe and healthy condition. Keeping in view this report, Minister (WR) advised Chairman, CWC in July, 2009 to constitute a team of officers to visit the dam and assess the present condition of the Mulla Periyar dam and look into the issues raised in the report of the above Expert Committee. The team had proposed a visit to the dam from 22-25 July, 2009 and the conveniences of the Government of Kerala and Tamil Nadu for the visit were sought. The Government of Tamil Nadu agreed to the proposed visit but the Government of Kerala requested for postponement of the proposed visit because of torrential rains. Thereafter, the visit could not materialize.

(22) Thereafter, Secretary (WR) convened a meeting on the Mulla Periyar Dam on 31.7.2009. The meeting was attended among others by Principal Secretary, PWD, Tamil Nadu and Additional Chief Secretary, WRD, Kerala. In the meeting the representative of Kerala informed that the Kerala Govt. visualizes construction of new dam as the only feasible solution and they have started survey and investigation for a new dam at an alternate site downstream of the existing dam and they may also consider the construction of a new dam at their own cost. Representative of Kerala stated in the meeting that the Govt. of Kerala also recognizes the established uses of water from the dam by Tamil Nadu as per the existing agreement between the two States and will continue the same after the construction of a new dam. In the said meeting the representative of Govt. of Tamil Nadu informed that the Govt. of Tamil Nadu would examine the proposal of the Govt. of Kerala for new Dam after the same is formally received from them. In view of this, Hon’ble Minister (WR) vide DO dated 26.08.2009 requested Hon’ble Chief Minister, Kerala to send the proposal in this regard to the Govt. of Tamil Nadu for their consideration.

(23) Later, Govt. of Tamil Nadu vide letter dated 14.9.09 mentioned that as regards the decision that has emerged in the meeting, to examine the proposal of the Kerala Government for the construction of a new dam by Tamil Nadu Government, the Government of Tamil Nadu had already communicated to the Government of India as well as to the Government of Kerala that there is no need for construction of a new dam by the Kerala Government, as the existing dam after it is strengthened, functions like a new dam. They also mentioned that Hon’ble Chief Minister of Tamil Nadu in his letter dated 13.07.09 to Hon’ble Chief Minister of Kerala had mentioned that Kerala Govt. may not raise the issue of new dam any more.

(24) The Govt. of Kerala vide letter dated 26.9.2009 sent comments on the minutes of the meeting dated 31.7.2009 mentioning that the statement "The Govt. of Kerala also recognizes the established use of water from the dam by the Tamil Nadu as per the existing agreement between the two States and continue the same after the construction of new dam" is not acceptable. What was mentioned in the meeting was that Kerala is willing to give water to Tamil Nadu.

(25) Further, Hon'ble Supreme Court heard the issues related to Mulla Periyar Dam on 10.11.2009 and passed the order that, "As the case involves the resolution of said questions, the suit may be placed before the Hon’ble Chief Justice of India for necessary directions for placing it before a constitution Bench.

The contesting parties shall maintain status quo in respect of Mulla Periyar Dam as existing today. However, order of status quo will not be an impediment for the plaintiff (State of Tamil Nadu) to carry out maintenance and repairs for proper upkeep of the said Dam."

(26) The case was heard by five judges on 18.2.2010 and the Court directed Central Govt. to constitute an empowered Committee in this regard which would hear the parties to the suit on all issues that will be raised before them, and furnish a report, as far as possible, with in six months from their constitution.

(27) Following the order of Hon'ble Supreme Court dated 29.02.2010, Centre (MoWR) has constituted an Empowered Committee vide Notification dated the 30th April, 2010. The Committee started its functioning and was to submit its report within six months period. Further, Supreme Court vide its order dated 20th September, 2010 has extended the term of Committee by a further period of six months. Therefore, implementing the said directions of the Supreme Court, the Central Government extends, the terms of Empowered Committee for a further period of six months w.e.f. 30th October, 2010 vide Notification dated the 28th October, 2010.

 source : India-wris wiki

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Krishna Water Disputes Tribunal

Krishna Water Disputes Tribunal is a tribunal setup by the government of India in 1969 under the Inter State Water Disputes Act of 1956 to resolve the disputes between the states of Karnataka, Maharashtra and Andhra Pradesh over sharing of the water of Krishna river. The tribunal was headed by R. S Bachawat a former judge of the Supreme Court.

The Krishna River is the second biggest river in peninsular India. It originates near Mahabaleshwar in Maharashtra from the statue of a cow in a temple. It then runs for a distance of 303 km in Maharashtra, 480 km through the breadth of North Karnataka and the rest of its 1300 km journey in Andhra Pradesh before it empties into the Bay of Bengal.

The river basin is 257,000 km², and the States of Maharastra, Karnataka and Andhra Pradesh contributes 68,800 km² (26.8%), 1,12,600 sq.k.m. (43.8%) and 75,600 km² (29.4%) respectively.

The Bachawat commission went over the matter in detail and gave its final award in 1973. While the Tribunal had in its earlier report detailed two schemes, Scheme A and Scheme B, the final award only included Scheme A and Scheme B was left out. Scheme A pertained to the division of the available waters based on 75% dependability, while Scheme B recommended ways to share the surplus waters.

The government took another three years to publish the award in its Extraordinary Gazette dated 31 May 1976. With that the final award (Scheme A) of the KWDT became binding on the three states.

The KWDT in its award outlined the exact share of each state. The award contended based on 75% dependability that the total quantum of water available for distribution was 2060 TMC. This was divided between the three states in the following manner.

Maharashtra	560 TMC
Karnataka	700 TMC
Andhra Pradesh	800 TMC

In addition to the above, the states were allowed to use regeneration/return flows to the extent of 25, 34 and 11 TMC respectively . Further, the Tribunal has allowed the States to utilise their allocated share of water for any project as per their plans. As per clauses V & VII of final order of KWDT-1, a state can fully use its allocated water in any water year (in case of deficit water year also) by utilising the carry over storage facility. A state can create carryover storage during the years when water yield in the river is in excess of 2130 TMC to use in the water year when water yield in the river is less than 2130 TMC. Thus KWDT-1  allocated water use from the river up to 2130 TMC at 100% success rate out of average yield in the river and not subject to water availability in a 75% dependable year. The average yield in the river is assessed as 2578 TMC by recent KWDT-2.

Including regeneration, the total water available to Karnataka for utilisation is 734 TMC. Out of this, Upper Krishna Project has been allotted with 173 TMC.

Note : Download "KRISHNA WATER DISPUTES TRIBUNAL

THE REPORT OF THE KRISHNA WATER DISPUTES TRIBUNAL WITH THE DECISION" from the link given below

http://wrmin.nic.in/writereaddata/linkimages/KWDTReport9718468760.pdf

source : 1. wikipedia, 2. Ministry of water resources

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Babhali Barrage Issue

Babhali Barrage Issue

1.The State of Andhra Pradesh in May, 2005 brought to the notice of the Central Government that Govt. of Maharashtra is constructing Babhli barrage in the reservoir submergence area of Sriram Sagar Project which is in violation of the GWDT award. In this regard, Member, Central Water Commission (CWC) held two meetings with officers of the States of Andhra Pradesh and Maharashtra in 2005. Besides, a meeting was held between the officers of the States of Andhra Pradesh and Maharashstra in 2005. Another interstate meeting was taken by Union Minister of Water Resources with the Chief Ministers of concerned States on 4.4.2006 in which following decisions were taken:-

(i) A Technical Committee headed Chairman or by a senior officer of Central Water Commission and consisting of representatives of the States shall go into the details of various issues involved in Babhli Barrage project. The Technical Committee shall submit a report as early as possible but not later than 20th May, 2006

(ii) Till the Technical Committee submits its report, the status quo in respect of activities of the Babhli barrage project shall be maintained and further construction work will not be done by the State of Maharashtra.

2. Two meetings of the Technical Committee were held. The Technical Committee however, could not submit the report due to non-submission of detailed proposals by Govt. of Andhra Pradesh in respect of suggestions made during the meetings.

3. In July 2006, Government of Andhra Pradesh filed an Original Suit under Article 131 of Constitution against State of Maharashtra and Union of India and Others. In the Suit, the State of Andhra Pradesh prayed to the Court to grant a permanent injunction restraining State of Maharashtra from undertaking or proceeding with the construction Babhli Barrage within the reservoir water spread area of Sriram Sagar Project.

4. The Hon’ble Supreme Court heard the matter on 26th April, 2007 and passed following interim order.

(i) Though the State of Maharashtra may go-ahead with the construction of the Babhli barrage, it shall not install the proposed 13 gates until further orders;

(ii) As the state of Maharashtra is permitted to proceed with the construction at its own risk, it will not claim any equity by reason of the construction being carried on by it.

Thus, the matter is subjudiced.

source : India-wris wiki

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Cauvery Water Disputes

Progress in Adjudication of the Dispute before the CWDT

The Cauvery Water Disputes Tribunal (CWDT) was constituted by the Government of India on 2nd June 1990 to adjudicate the water dispute regarding inter-state river Cauvery and the river valley thereof. The Tribunal had also passed an Interim Order in June, 1991 and further Clarificatory Orders on the Interim Order in April, 1992 and December, 1995. The Cauvery Water Disputes Tribunal has submitted its reports and decision under Section 5 (2) of Inter-State River Water Disputes Act, 1956 to Government on 5th February, 2007. The party states and the Central Govt. have sought clarification and guidelines under Section 5(3) of the Act. The terms of the tribunal has been extended upto 2.11.08 as per provisions of ISRWD Act, 1956. Further, the party states have also filled SLPs in the Hon’ble Supreme Court against Cauvery tribunals report and Hon’ble Supreme Court has granted leave. The matter was last heard by Hon’ble Supreme Court on 29.7.08 and the Hon’ble court passed the order that the matter maybe listed before a three Judge bench in Nov, 2008.

Monitoring of the implementation of Interim order of CWDT :

Under the provisions of Section 6A of the ISWD Act, 1956, the Central Government has notified a Scheme called Cauvery Water (implementation of the Order of 1991 and all subsequent Related Orders of the Tribunal) Scheme, 1998, consisting of Cauvery River Authority (CRA) and Cauvery Monitoring Committee (CMC). The Cauvery River Authority consists of the Prime Minister as Chairperson and Chief Ministers of the basin States as members. The Monitoring Committee consists of Secretary, MOWR as Chairperson, Chief Secretaries and Chief Engineers of the basin States as Members and Chairman, Central Water Commission as Member. The Authority is required to give effect to the implementation of the Interim Order dated 25th June 1991 of the Tribunal and its related subsequent orders. So far CRA has held 6 meetings and CMC has held 25 meetings. 25th meeting of CMC was held on 24.08.2010.

• Final order of Cauvery Water Disputes Tribunal
• Report and Decision of Cauvery Water Disputes Tribunal

1. VOLUME - I: Background of Dispute and framing of Issues Download
2. VOLUME - II: Agreements of 1892 And 1924 Download
3. VOLUME - III: Availability of Water Download
4. VOLUME - IV: Principles Of Apportionment & Assessment of Irrigated Areas In The States of Tamil Nadu And Karnataka Download
5. VOLUME - V: Apportionment of The Waters of The Inter-State River Cauvery Download

source : India-wris wiki

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Mahadayi/ Mandovi River

Mahadayi/ Mandovi River

In July, 2002, the State of Goa made a request under Section 3 of the Inter-State River Water Disputes Act, 1956 (as amended) for constitution of the Tribunal under the said Act and refer the matter for adjudication and decision of dispute relating to Mandovi River. The issues mentioned in the request included the assessment of available utilisable water resources in the basin at various points and allocation of this water to the 3 basin States keeping in view priority of the use of water within basin as also to decide the machinery to implement the decision of the tribunal etc. The Act requires that Central Government shall constitutes a tribunal if it is of the opinion that water dispute cannot be settled by negotiation.

Therefore, actions and efforts of Central Government in MoWR since July, 2002 were basically guided by the aforesaid provision of the Act. In continuation of this process, Hon’ble Union Minister for Water Resources convened an inter-State meeting on 4.4.2006 at the level of Chief Ministers of the States of Goa, Karnataka and Maharashtra. Subsequent actions of Government of Goa with regard to follow up action on decisions taken in the inter-State meeting gave impression that State of Goa is not ready to pursue the negotiation process further and wants constitution of tribunal and reference of the dispute to the Tribunal immediately. Accordingly, the Central Government in the MOWR concluded that the dispute contained in the request of State of Goa of July, 2002 cannot be resolved by negotiation and initiated further action in the matter as per the provisions of Inter-State River Water Disputes Act, 1956 and rules made there under.

Meanwhile the Govt. of Goa filed a suit in the Hon’ble Supreme court in Sept, 06 for setting up of a water dispute tribunal for adjudication of the above river water dispute and an interlocutory Application (IA) for stay in construction activities. The Writ Petition with the application has been listed on a number of occasions before the Hon’ble Supreme Court. Meanwhile, the Cabinet considered in its meeting held on 10.12.2009 and approved the proposal of constitution of Mahadayi Tribunal.

Cabinet Committee on Accommodation in its meeting dated 06.10.2010 approved proposal of locating Tribunal in New Delhi.

Central government has constituted Mahadayi Water Disputes Tribunal (MWDT) vide notification dated 16th November, 2010.

 Source : India-wris wiki

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Vansadhara River Water Dispute

1.     The State of Orissa in February 2006 sent a complaint to the Central Government under Section 3 of the Inter-State River Water Disputes (ISRWD) Act, 1956 regarding water disputes between the Government of Orissa and Government of Andhra Pradesh pertaining to Inter-State River Vansadhara for constitution of a Inter-State Water Disputes Tribunal for adjudication. The main grievance of the State of Orissa in the complaint sent to the Central Government is basically adverse effect of the executive action of Govt. of Andhra Pradesh in undertaking the construction of a canal taking off from the river Vamasadhara called as flood flow canal at Katragada and failure of Govt. of Andhra Pradesh to implement the terms of inter-State agreement understanding etc. relating to use, distribution and control of waters of inter-State river Vansadhara and its valley. Basic contention of State of Orissa in the complaint is that the flood flow canal would result in drying up the existing river bed and consequent shifting of the river affecting ground water table. It has also raised the issue of scientific assessment of available water in Vansadhara at Katragada and Gotta Barrage and the basis for sharing the available water.

2.     As per the provision of ISRWD Act, 1956, when any request under Section 3 is received from any State Government in respect of any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, the Central government shall, within a period of not exceeding one year from the date of receipt of such request, by notification in the Official Gazette, constitute a Water Disputes Tribunal for the adjudication of the water dispute. Accordingly, Secretary (WR) convened an inter-State meeting on 24.4.2006 at New Delhi to explore the possibility of finding out negotiated settlement of the dispute. In the meeting, both the States agreed that yield of the river is to be shared between Orissa and Andhra Pradesh on 50 – 50 basis. Both States also agreed that CWC will reassess the yield of the Vansadhara basin by utilizing the yield series upto 2005 for which necessary utilization data shall be furnished by the concerned State Government expeditiously. Based on the conclusions reached in the meeting, Central Government is hopeful of finding the negotiated settlement of the dispute. The effect of flood flow canal on the river region is being investigated through a model study in CWPRS.

3.     In continuation of this process, another inter-State meeting at the level of Addl. Secretary (WR) was convened on 5th -6th December, 2006 in which the follow-up action taken on the decision of the previous Inter-State meeting was reviewed. Further, Addl. Secretary (WR) convened another inter-State meeting on 2nd March, 2007 to review the follow-up action on the conclusions reached in the meeting taken by him on 5th & 6th December, 2006. In the meeting, Addl. Secretary (WR) felt that it may be appropriate to request Secretary (WR) to call another meeting at the level of Chief Secretaries of State of Orissa and Andhra Pradesh in view of the divergent position stated by officials of respective States in an explicit manner.

4.     Meanwhile, the W.P.(C)No.443 of 2006 filed by State of Orissa came up for hearing before the Hon’ble Supreme Court on 30th April, 2007. The Hon'ble Supreme Court was requested to adjourn the matter for a longer time so that the Central Government can once again try for a negotiated settlement and, therefore, the matter was adjourned. In view of that Secretary (WR) proposed meeting with the Chief Secretaries on 18.5.06 which was rescheduled to 15.6.07 and again to 5.7.07 due to inability expressed by Chief Secretary, Govt. of Orissa to attend the same. However the meeting finally could not be held as Chief Secretary, Govt. of Orissa expressed inability to attend the same as no useful purpose will be served in holding the meeting till Govt. of Andhra Pradesh stops construction of the project.

5.     Further, an inter state meeting was taken by Chairman, CWC with the officers of CWC, CWPRS, Pune, the State of A.P. and Orissa on 17.12.07 to discuss the model studies requested in this regard. Another meeting was held on 22.1.08 to firm up additional/studies required.

6.     In the hearing dated 6.2.2009, the Hon'ble Supreme Court directed Central Government to constitute a water dispute tribunal.

7.     With the approval of the Cabinet (dated 25.06.2009) Ministry of Water Resources has constituted Vansadhara Water Dispute Tribunal (VWDT) vide Notification Dt.24.2.2010. The Tribunal has its Head-Quarters at New Delhi.

8.     The complaint of the Government of Orissa is now referred to a Tribunal constituted under Section 4 of the Act.

 source : India-wris wiki

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Ravi & Beas Waters Tribunal

1.Surplus Ravi-Beas waters refers to available Ravi-Beas waters excluding the pre-partition utilization of 3.13 MAF by Rajasthan, the then Punjab and J&K. The surplus Ravi-Beas waters were first allocated in a Conference of the Chief Ministers held in January 1955, then by a Govt. of India Notification dated 24.3.1976 subsequent to the reorganization of Punjab in Nov. 1966 and later, in an agreement dated 31.12.1981 among the Chief Ministers of Punjab, Haryana and Rajasthan. As the issues got re-opened, there were prolonged negotiations which culminated in signing of the Punjab Memorandum of Settlement (Rajiv-Longowal Accord) on 24.7.1985 between the then Prime Minister of India, Shri Rajiv Gandhi and the then President of Shiromani Akali Dal, Sant Harchand Singh Longowal.

2. Para 9.0 of the Accord, on "sharing of river waters" states as under:-

9.0 Sharing of River Waters

9.1 The farmers of Punjab, Haryana and Rajasthan will continue to get water not less than what they are using from the Ravi Beas system as on 1.7.85. Waters used for consumptive purposes will also remain unaffected. Quantum of usage shall be verified by the Tribunal referred to in Para 9.2 below:

9.2 The claim of Punjab and Haryana regarding the shares in their remaining waters will be referred for adjudication to a Tribunal to be presided over by a Supreme Court Judge. The decision of this Tribunal will be rendered within six months and would be binding on both parties. All legal and constitutional steps required in this respect shall be taken immediately.

9.3 The construction of SYL Canal shall continue. The Canal shall be completed by August 15, 1986.

3. Pursuant to the Accord, the Inter State River Water Disputes Act 1956 (ISRWD Act) was amended and a three-Member Ravi & Beas Waters Tribunal (RBWT) was set up in April 1986, to verify and adjudicate the matters specified in paragraphs 9.1 and 9.2 respectively, of the Accord. The Tribunal gave its report on 30.1.1987, which was forwarded to the States on 20.5.1987. References under Section 5(3) of the ISRWD Act, of Punjab, Haryana and Rajasthan and Central Govt. seeking some explanation/ guidance on the report were forwarded to the Tribunal on 19.8.1987 and are since under their consideration.

4. Hearings of the Tribunal have come to depend on the outcome of a Presidential Reference related to constitutionality of the Punjab Termination of Agreements Act, 2004 pending before the Hon’ble Supreme Court.

PUNJAB TERMINATION OF AGREEMENTS ACT, 2004

Punjab Legislature on 12.07.04 enacted the Punjab Termination of Agreements Act, 2004 (PTAA). The Act terminates all agreements relating to the Ravi Beas waters, including the agreement dated 31.12.1981 signed by the Chief Ministers of Punjab, Haryana and Rajasthan and fully discharges Government of Punjab of any obligation arising from the agreements. The Act provides that all existing and actual utilizations through the existing systems shall remain protected and unaffected. A Presidential Reference regarding the PTAA has been made on 22.07.2004 under Article 143 of the Constitution of India.

     
Source : India-wris wiki                                                    

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