The Karnataka government, on Saturday, decided to take part in the Cauvery Water Management Authority (CWMA) meet convened by the Centre on July 2, to voice the state's objections to the formation of the authority and certain guidelines in the scheme. At the same time, the state is mulling over filing an appeal against the constitution of the authority before the Supreme Court.
An all-party meeting, convened by Karnataka Chief Minister H.D Kumaraswamy, unanimously decided to oppose the Centre's decision both inside and outside the Parliament, as Karnataka is opposed to certain guidelines drawn up by the Centre in the scheme.
In the gazette notification (dated June 2), the ministry of water resources stated that it had framed a scheme constituting the the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC) to comply with the Supreme Court order (February 16, 2018). The court had enhanced Karnataka's share by 14.75 tmc and also directed the Centre to form the CWMA within six weeks to resolve the long-pending interstate water sharing dispute between Karnataka, Tamil Nadu, Kerala and Puducherry.
“The constitution of the Cauvery Authority and the proposed committee is the prerogative of the Parliament under the Interstate Water Disputes Act 1956. But the court seems to have overstepped on the powers of the legislature. We have decided to raise the issue in the Parliament. We are also contemplating on legal remedy and this meeting has given permission to the government to decide on whether to file a review petition or a curative petition before the Supreme Court, after due consultations with irrigation and legal experts,” said state Water Resources Minister D.K. Shivakumar.
Earlier, state counsel Mohan Katarki opined that it was advisable for the state's representatives to be present during the meeting as skipping the meeting would be construed as violation of the court order. “If the state representatives skip the meeting, the state will also lose an opportunity to put forth its argument and forego a chance to oppose the basic concept of deploying the authority to regulate the water storage and use.”
In the meeting attended by Union ministers, MPs and legislators, members noted that the house had the powers to either accept, modify or reject the scheme. But if it is not tabled before the Parliament, it could be deemed null and void.
“Karnataka will always abide by constitutional decisions. We've always respected Supreme Court and its directions. There are two-three issues in the scheme which are unscientific and we will fight to rectify it,” said Kumaraswamy.
“Cutting across party lines, we have decided to oppose the Centre's decision as the new authority infringes upon our rights over Cauvery water. Our state MPs have assured us of raising the issue in Parliament too,” added Kumaraswamy.
In the wake of the Centre summoning all member states on July 2, Karnataka has nominated Rakesh Singh, principal secretary of the water resources department, and H.L. Prasanna of the Cauvery Neeravari Nigama Ltd. Meanwhile, Central Water Commission chairman S. Masood Hussain has been appointed as chairman of the authority.
“We all stand united when it is question of Karnataka's welfare,” said leader of the opposition in the assembly B.S. Yeddyurappa.
On June 18, Kumaraswamy had met Prime Minister Narendra Modi and apprised him of Karnataka's objections to the notification. “CWMA issuing directions to Karnataka on the release of water every 10 days and what crops to be grown by farmers went against the spirit of federal system. The issue should be debated in the Parliament before taking a final call,” Kumaraswamy had said in his appeal.
The newly-formed authority, comprising a chairman and eight members besides a secretary, is mandated to regulate the storage, apportionment of the Cauvery water, supervision of operation of reservoirs, and regulation of water release with the assistance of the committee. The committee is to meet once in 10 days during June and October when the southwest and the northeast monsoon sets in. Besides the mandatory meetings once every fortnight, the committee will have powers to convene meetings as often as necessary. In case of any exigency, a minimum of 48-hour notice is necessary to hold a meeting.
The authority will also look at regulated release of water by Karnataka, at the inter-state contact point—Biligundlu gauge and discharge station on the common border of Karnataka and Tamil Nadu. At the beginning of the water year (June 1 each year), the authority would determine the total residual storage in the specified reservoirs and also advise the states on measures to improve water use efficiency, micro-irrigation (drip and sprinkler), change in cropping pattern, improved agronomic practices, system deficiency correction and command area development.