Karnataka is still reeling from the protests, rasta roko, bandhs, burning effigies, etc., resulting from the anger over the Interim Verdict of Mahadayi Water Disputes Tribunal[i] (MWDT) of the 27.07.16 which did not allow Karnataka’s Appeal to temporarily lift 7 TMC (Thousand Million Cubic Feet) water from Mahadayi Basin into Malaprabha Basin (a sub basin of Krishna basin). Twin cities of Hubali and Dharwad, likely beneficiaries from the diversion, are centers of agitation. Schools and colleges were closed, government offices and buses were burnt, major roads were blocked by protesters. Pro-Karnataka Organizations and even Film stars have joined this protest. Karnataka Home Minister has called on the Prime Minister to look into the decision. Goa, on the other hand, is quietly celebrating this one positive step[ii]. I was reminded of Rajendra Singh’s uncritical support to the project and also what Dr. T V Ramchandra from IISC, Bangalore said about this, “Do the film stars know the details of the issue or even where their water comes from? The day we push Pudharis away, solutions to our water woes will be easy and closer to home.”
I have returned from Mhadei/Mandovi Basin recently, tracing her footsteps near her origin to the sea and it is difficult to conceive that this veritable treasure trove of serenity and beauty is today a bone of contention, leading to unrest and violence.
Protest in Bangalore against MWDT Interim Order Photo from: Indian Express
It also cannot be missed that unlike Goa, the powerful Karnataka had hired a battery of celebrity lawyers to contest its case in front of the tribunal. As a conservationist friend from Karnataka said, it is amazing to see the amount of money Karnataka is spending on Lawyers, for just 7 TMC water.
What is interesting to note, though not surprising perhaps, is the absence of official information on what actually transpired at the Tribunal, what the Tribunal Order actually states and why. Even the media is quoted to be saying that MWDT rejected Karnataka’s appeal for diversion of 7.56 TMC water through the Kalsa-Bhanduri Project into Malaprabha Basin[iii]…which is away from the facts. The order is not about 7.56 TMC, neither is it about Kalasa-Bhanduri project.
Let us try to understand the interim decision of the Tribunal, a three-member bench headed by Justice J.M. Panchal. But before that, let us understand the Tribunal itself, which was constituted in 2010 after Goa approached the Supreme Court[iv] in 2006 even as Karnataka had started work on Mahadayi diversion project, without either consulting Goa or securing requisite clearances from Environment Ministry or Planning Commission. (A timeline of the Tribunal formation and its decisions is provided in Annex 1 at the end.)
Mahadayi, known as Mandovi or Mhadei in Goa is a spectacular, biodiversity rich river[v], which arises from ecologically sensitive regions of Western Ghats in Karnataka and flows into Goa. Of its 76 kms length, 52 lie in Goa. 18% basin area lies in Karnataka, just 4% in Maharashtra and maximum 78% basin area lies in Goa. See some of her avatars in a film made with the help of Dr. Rajendra Kerkar from Mhadei Bacaho Andolan. https://vimeo.com/82445659
Map based on Google Earth by Bhima Singh Rawat, SANDRP. Note that Mahadayi anf Mandovi is the same river
According to documents submitted by Karnataka to the Hon. Tribunal in 2013 (this is based on Environment Impact Assessment of the Proposed Mahadayi Hydroelectric Project, done in 1997 by NEERI), Karnataka’s dual plan of Hydropower generation and river diversion for irrigation and drinking water includes multiple dams like Kotni reservoir, Irti, Bailnadi and a tailrace. Total submergence of these 4 dams will be 2,614 hectares, which includes 1938 hectares of forest land. In addition, there are two diversion dams planned, Kalasa and Haltar, with a submergence area of 301.5 hectares. So the total submergence of the project will be 2915.5 hectares, most of which is not only Forest Land, but also part of Mahadayi Wildlife Sanctuary.
Mhadei/Mahadayi/Mandovi in her upper reaches in Goa Photo: Parineeta Dandekar, July 2016
This region is ecologically one of the most valuable regions in India. And it is extremely shocking to see that Karnataka started construction and digging canals at Kalasa Bhanduri, just 1.2 kms from the Mhadei Wildlife Sanctuary without securing any Environment, Forest or Wildlife Clearances. In fact, the MoEF should suo motto look into this matter and take strict action against Karnataka for violating a slew of environment related laws, but it has not done so for so many years. The reason is a mystery.
It will not be out of place to mention here that Karnataka Neeravari Nigam Limited has violated Environmental and Forest Laws in several of its projects, including Upper Bhadra Project[vi], Sonthi Lift Irrigation[vii] Scheme, and the latest Yettinahole Diversion Project.[viii] Maharashtra, which is also a party of the MWDT has also violated Environmental and Forest laws by not securing clearances before starting with the Virdi Dam project on a Mahadayi’s tributary.[ix]
This is not to say that Goa is exemplary in its river or environment management. Unabated, unregulated mining in Goa, with political support has ravaged its water systems, dams and rivers. [x]
Sequence of Events
The current Tribunal Order has not come in vacuum, it all started with an Interlocutory Application (IA) filed by Karnataka in Dec 2015, a reply by Goa, reply by Maharashtra, Rejoinder by Karnataka, Surrejoinder by Goa, IA of 2016 by which IA 60 of 2015 was Amended by Karnataka, finally Reply filed by Goa and the Tribunal’s Interim Order.
It was Karnataka which approached the Tribunal in December 2015 with an Interim Application, with a prayer that the state be allowed to lift only 7 TMC water (NOT 7.56 TMC, which is a part of Karnataka’s original application at Kalasa Bhanduri, under the MWDT) to alleviate “Extraordinary drought situation that prevails in the Malaprabha Basin.” Please remember that this was for an Interim Relief, not final resolution of water sharing dispute.
Malaprabha River near Kankumbi, Karnataka on the ridge line separating Maharashtra, Goa and Karnataka Photo: Parineeta Dandekar
Karnataka supported its claims by stating that it be allowed to lift 7 TMC every year at 75% dependability at Kotni Dam site and that Karnataka’s original claim (for use of Mahadayi river basin water) of 24.15 TMC water for consumptive use from Mahadayi basin will be adjusted accordingly. It said that the present stated utilization of Goa is not more than 9.395 TMC, while yield available to Goa is 108.72 TMC at 75% dependability (although Karnataka says its 199.6 TMC as per CWC report 2009, which is strongly contested by Goa). Karnataka also stated that total utilization of Goa, as per its own master plan till 2051 would be 94.4 TMC so even if Goa succeeds in its claims before the tribunal, there will be no loss to Goa if Karnataka lifts 7 TMC water on immediate basis in view of extreme drought situation, which is “likely to persist in future.” Thus according to Karnataka, Goa has 14.32 TMC surplus after accounting for all uses including forest management, domestic water needs, irrigation, salinity control etc., and Karnataka will lift water “only during monsoons months”.
According to Krishna Water Disputes Tribunal I (KWDT I) calculations (Malaprabha Basin to which Karnataka wants to transfer water falls in Krishna Basin), Karnataka was allowed to utilize 44 TMC water in the basin, but Karnataka’s modified calculations in 2009 arrived at conclusion that yield of Malaprabha basin was just 27 TMC.
In 2015-16 (a drought year), the inflow at Malaprabha reservoir was at 11.42 TMC against projection of 23.82 TMC at 75% dependability. This shortage of 52.06% is adversely affecting irrigation, drinking water needs, “forcing farmers to go on agitation”.
Goa’s Rejoinder: In a rejoinder to this application, Goa stated that a party coming for interim relief should plead and prove “at least 3 mandatory predicates of irreversible loss, but Karnataka rather than doing this “bases its application on public agitation, which is patronized by functionaries and politicians and on the alleged word drought as if it is a word of magic to secure returns without even mentioning necessary averments.”
Goa pleaded that Hubli Dharwad, by Karnataka’s own admission, is a sugarcane growing region and drought is mainly due to misuse of water. “Instant application is silent on groundwater management as in areas with dense sugarcane plantation, the aquifer has run dry”. It pointed out that in 2011-12 areas under sugarcane in Malaprabha Basin was 1,81,470 hectares and its would need “nearly 160 TMC of water to cater to this. Excessive sugarcane and its processing has left aquifer dry in Belgaum and Dharwad regions.”
Works on Kalasa Bhanduri Project by Karnataka in Reserve Forest regions Photo: Parineeta Dandekar, 2013
Goas further stated that “drought severity is not only dependent on rainfall intensity and geographical extent, but on the demands made by the human activities and changing cropping pattern like water guzzler cane.”
Very interestingly, Goa quotes that “Pepsico unit in Dharwad is supplied 4 lakh liters of Malaprabha water per day which should satisfy the domestic requirement of at least 16000 people and as such it is difficult to accept Karnataka’s claim of “Extraordinary drought” when such diversions continue unharmed.”
It further stated that Goa’s requirement cannot be fixed only at 9.395 TMC as the very source of water is needed for “hydropower, marine fisheries, navigation, etc.” and that considerable draft is required in Mahadayi river for vessels to enter, when navigation is the backbone of Goa’s economy.
It states that Karnataka is claiming water from Mahadayi without studying options, or making FR (Feasibility Report) or PFR (Pre Feasibility Report), which is not proper. In the same breath, Goa also mentions that Karnataka should explore intrastate water links for Malaprabha, when frankly it is not Goa’s place to suggest any such diversions only to strengthen its claim.
Goa further stated the important fact that Karnataka has proposed massive project to divert water through ducts and canals & dams through sanctuary without any clearances under the Environment Protection Act, Forest Conservation Act or the Wildlife Protection Act.
Goa advised that whatever Karnataka’s claims are about Malaprabha Water “should be settled in the KWDT which can be opened afresh due to formation of Telangana.” That advise though possibly was irrelevant and unnecessary.
Karnataka’s Rejoinder: To this, Karnataka filed a rejoinder that 7 TMC will not make any difference to Goa and that the inflow to Malaprabha reservoir for the year 2015-16 was “only 11.42 TMC as against normal inflow of 23.82 TMC with a shortage of 52.06%.” Shortfall in the inflow of Malaprabha Reservoir has been a reality for past five consecutive years.
0 Response to "Mahadayi Water Disputes Tribunal: Trouble brewing in Paradise"
Post a Comment