TN tells SC Karnataka ‘wilfully’ ignored CWMA order on Cauvery release

The Tamil Nadu government, on Monday, August 3, moved the Supreme Court seeking urgent directions to Karnataka to implement the Cauvery Water Management Authority’s (CWMA) July 30 decision requiring the release of 3,500 cusecs of water daily for 15 days from the Krishnaraja Sagar (KRS) and Kabini reservoirs to ensure flows at Biligundulu, the inter-State border.The State sought a direction to Karnataka to ensure that 4.536 TMC of water reaches Biligundulu on or before August 12, while also urging the court to direct the CWMA to require Karnataka to immediately make good the pro-rata shortfall of 26.954 TMC for the period from June 1 to August 12.According to a Times of India report, the petition alleged that Karnataka had “wilfully” failed to implement the binding directions of the CWMA despite having adequate water in its reservoirs following recent heavy rainfall in the catchment areas. The State contended that the non-compliance had seriously affected farmers in the Cauvery basin who depend on timely water releases for cultivation.The petition stated that the Cauvery Water Regulation Committee (CWRC), at its meeting on July 28, directed Karnataka to release water from the KRS and Kabini reservoirs to ensure an availability of 3,500 cusecs at Biligundulu from July 29 for 15 days. The CWMA endorsed the recommendation at its emergency meeting on July 30 after reviewing the hydrological and meteorological conditions in the Cauvery basin.Tamil Nadu argued that despite the CWRC and CWMA directions, the actual flows realised at Biligundulu between July 29 and August 2 ranged only from 158 cusecs to 530 cusecs, far below the quantity ordered by the authorities.The State further submitted that as of August 3, Karnataka’s four major Cauvery basin reservoirs — KRS, Kabini, Harangi and Hemavathy — together held 77.537 TMC of gross storage, with increased inflows due to recent heavy rainfall in the upstream catchments.“Thus, Karnataka in spite of having adequate storage has failed to comply with the directions of CWMA,” Tamil Nadu told the court.Tamil Nadu also argued that even if Karnataka complied with the CWMA direction of releasing 4.536 TMC, it would still leave a backlog under the distress-sharing formula. The application stated: “The direction given by the CWRC and CWMA is only 4.536 TMC, which is far less than the quantum of water as per distress proportion.”Besides seeking immediate release of the shortfall, Tamil Nadu requested the Supreme Court to direct the CWMA to monitor Karnataka’s reservoirs every 10 days and ensure compliance with the monthly and 10-day release schedule stipulated under the Cauvery Tribunal award, as modified by the Supreme Court in 2018.The State also cited Karnataka’s past conduct, alleging repeated failure to make stipulated releases during the crucial months of June and July, except during years of unavoidable reservoir surpluses caused by floods. “There was never any voluntary compliance of release of stipulated quantities in the crucial months of June and July which are crucial to the sustenance of agricultural economy in the Cauvery basin.”Tamil Nadu further relied on the Supreme Court’s 2018 judgment declaring inter-State river waters a national asset over which no State can claim exclusive ownership, while seeking enforcement of the CWMA’s directions.