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Updated on :04/05/10

Chief Engineer, Inter State waters(isw), WATER RESOURCES DEVELOPMENT ORGANISATION (W.R.D.O)

INTRODUCTION  :

                        The  Inter State waters(ISW), W.R.D.O consists of two units namely, Krishna Godavari Unit & Cauvery Unit. The ISW wing is headed by  the Chief Engineer. The Chief Engineer is assisted by the one Superintending Engineers and three Executive Engineers.

OFFICERS ON CONTACT :

Designation & Postal address

Phone No.

Fax no.

E-mail

Chief Engineer,
Inter State Waters,
W.R.D.O.
Ananda Rao Circle
Bangalore-560 009

22204095

2204528

ceintsw@kar.nic.in

Superintending Engineer, 
Inter State Waters,
W.R.D.O.
Ananda Rao Circle
Bangalore-560 009

22204096

 

 

 

   KRISHNA GODAVARI UNIT:

           The Krishna Godavari Unit under the jurisdiction of the Water Resources Development Organisation, is working on the following Inter-State Water Disputes:

1.                 Krishna Water Dispute

2.                 Mahadayi Diversion Scheme

3.                 Godavari  Water Dispute

4.                 Palar and Pennar Basin

5.                 Inter-linking of rivers

 

1. Krishna Water Dispute:

a)         As per the final report which includes the final judgement of Krishna Water Dispute Tribunal (Bachawat Tribunal) dated 27.05.1976 two Schemes namely Scheme ‘A’ and Scheme ‘B’ were devised to allocate waters in Krishna valley among the basin states of Maharashtra, Karnataka and Andhra Pradesh. Under Scheme ‘A’, 2060 tmc of water available in Krishna basin at 75% dependability is allocated. The share of Karnataka is 700 tmc.  Further the Tribunal allocated 34 tmc regenerated water and hence total allocation is 734 tmc.  

b)        The Scheme ‘B’ devised by Bachawat Tribunal is to allocate the surplus waters available in Krishna basin. Accordingly, the share of Karnataka shall be 50% of surplus waters. This Scheme ‘B’ is supposed to come into force only after the formation of ‘Krishna Valley Authority’ as per the Act of Parliament or depending upon the final decision of the new Krishna Water Disputes Tribunal. 

c)        On complaint of party States to constitute a new Tribunal, to distribute surplus waters in Krishna basin as per Bachawat Award   (i.e., implementation of Scheme ‘B’), the Central Government constituted a new Krishna Water Disputes Tribunal on 2.4.2004.   

d)        The Government of Karnataka reconstituted Krishna Water Disputes Technical Committee on 10.06.2005 under the Chairmanship of  Shri. D.N.Desai, Retired Secretary, PWD, to pose the rights of the State effectively before the new Tribunal.  The Committee is meeting often to prepare the documents for claiming the rightful share in additional water to the State and is giving technical advise and co-operating with the legal team, arguing for the State.   

e)         Engineers of K-G Unit are working on routine basis in the Krishna Water Cell established in Karnataka Bhavan-III at New Delhi.  Whenever the Advocates, appointed for the Tribunal, visit this Water Cell, necessary documents required by them are being provided.  Apart from this, Senior Officers also travel to Delhi often, stay there to assist the Advocates and legal team by providing necessary documents and information.  

f)         The State Government has appointed Sri. D.N.Desai as Principal Advisor on 10.06.2005. Sri. Sriramaiah, Retired Superintending Engineer was appointed as Technical Advisor on 23.10.2003 for study of Krishna Water Disputes. Sri. T.S.Narayana Swamy, Retired Executive Engineer and    Sri. H.Seshadri, Retired Under Secretary have been appointed as Deputy Technical Advisors on 15.03.2005.  The staff members of this Unit are assisting them.   

g)         Karnataka filed one I.A., Maharashtra filed four I.A.s and Andhra Pradesh filed five I.A.s before the Tribunal.  These I.A.s were taken up for arguments by Tribunal and orders have been issued on 09.06.2006.  These orders are in favour of Karnataka State.  

h)         The project reports of the projects in Krishna basin of Karnataka and information in common formats have been filed before the Tribunal. In addition to this, reports of commissions and information on drought situation in the State are also filed. These documents are relied upon for arguing the case of Karnataka. 

i)          Two Expert Witnesses have been posed by Karnataka and cross examination by other States have been completed. Further cross examination of Expert Witness of other States have been completed  by the Senior Advocates of Karnataka with the full co-operation and assistance of the Technical team. States of Karnataka and Maharashtra completed their arguments. Arguments of Andhra Pradesh is going on. 

j)          After completion of arguments, the Tribunal would take up proceedings of final arguments by party States. There after, under Section 5(2) of ISWD Act 1956 (Amended Act 2002) the award and decision of the Tribunal would be announced.

 

2.      Mahadayi Diversion Scheme:

a)         The Master Plan Committee has studied the availability of water to Karnataka in this basin, which includes drinking water scheme to Hubli and Dharwad Twin Cities.  The Government had requested the Master  Plan  Committee for  Krishna  Water Disputes under the  Chairmanship  of    Sri. D.N.Desai to prepare the Mahadayi Master Plan.  After expiry of the tenure of this Committee, the official Committee constituted under the Chairmanship of the Secretary, Water Resources Department has made studies and the Mahadayi Diversion Scheme Master Plan for an utilization of 44 TMC is submitted to the Government. 

b)         The Goa Government has submitted a complaint to Central Government to constitute Mahadayi Water Disputes Tribunal.  The Tribunal is not yet constituted.  In the meantime, Goa Government has filed an Original Suit No. 4/2006 before the Supreme Court and arguments are going on.  The State of Karnataka has filed reply affidavit in this regard before the Supreme Court. 

c)        Hon'ble Minister of Water Resources, Government of India in his letter dated: 21.02.2007 has expressed that the water dispute referred by Government of Goa cannot be settled by negotiations and therefore, further action in this regard is being taken by the Ministry in accordance with provision   of  ISWD Act 1956.  

d)         As per ISWD Act 1956, Goa has filed a suit in O.S.4/2006 for transferring the Mahadayi dispute to the Tribunal for which Mahadayi dispute to the Tribunal for which Karnataka has filed a Counter Affidavit in the Supreme Court.  This case hearing is to come up in the Supreme Court.

 

3.      Godavari Water Dispute.

        a)        As per the final decision of Godavari Water Disputes Tribunal,   22.37 tmc of water is available in the Godavari Basin to the State of Karnataka. Further, 23 tmc of additional water  will be available to the  State of Karnataka in Krishna basin when water is diverted by Andhra Pradesh into Krishna river from Godavari i.e., when polavaram Diversion Scheme is accorded by Government of India and implemented by  Government of Andhra Pradesh.  

           b)        Babli barrage:-  Andhra Pradesh has filed an Original Suit (O.S.1/2006) against Maharashtra before the Hon’ble Supreme Court of India objecting the construction of a Babli barrage illegaly with in the reservoir water spread area of Pochampad Project (SRSP) by the State of Maharashtra. Karnataka is also made one of the respondents in this case. Since the case is mainly between Maharashtra and Andhra Pradesh, there is no role of Karnataka. However, the State of Karnataka is continuing its appearance in the suit.

 

4.                Palar and Pennar Basin:

Andhra Pradesh has raised an Inter State Water Dispute in connection with construction of Paragodu Project across Chitravathi river to provide drinking water supply scheme to Bagepalli and Gudibande towns and surrounding 88 villages in Kolar District and other Minor Irrigation Tanks, taken up by Karnataka in Kolar and Tumkur districts in Palar and Pennar Valley. In this matter Andhra Pradesh has filed an Original Suit No.5/2003 against Karnataka before the Supreme Court of India. In reply, Karnataka has filed an application before the Supreme Court for rejection of plaint.This case hearing is to come up in the Supreme Court. 

 

5.                Inter Linking of Rivers:

The Government has given clear orders regarding Master Plan Committee conducting meeting, studying and submitting the report in respect of Inter linking of rivers.  Accordingly, Master Plan Committee has asked the concerned to submit the demand and a report.  Consolidated report will be prepared, after receiving the report from the concerned.  In this regard, the Government has constituted a High Level Official Committee on 19.05.2004 under the Chairmanship of the Secretary, Water Resources Department, Government of Karnataka.  The project report is under preparation and there is no time limit stipulated for submission of the same. 

`To meet the expenditure towards the above water disputes works Rs.1100.00 lakhs of Grant allocated for the year 2008-09 (Estimated cost Rs. 835.00 lakhs). An expenditure of Rs. 782.71 lakhs has been incurred upto end of March 2009. The main object of the struggle is to mitigate the drought in the North Karnataka region in Krishna, Mahadayi & Godavari basins by providing good quality drinking water supply and water for Irrigation. 

 

CAUVERY UNIT

*      Introduction:  

          The Cauvery unit of Water Resources Development Organisation, Bangalore deals with the matters concerning sharing of waters of the River Cauvery with the other riparian States viz., Tamil Nadu, Kerala and Union Territory of Pondicherry.    

*     Organisation: 

The Cauvery Unit was formed during 1990 with staff of W.R.D.O. It was functioning under the then Chief Engineer, W.R.D.O. Bangalore.   

*    Activities: 

v   The Cauvery Water Disputes Tribunal was set up by the Ministry of water Resources, Government of India, vide its order No. 21.1.90 WD dated: 2.6.1990 with Head quarters at New Delhi for adjudication of the Cauvery Water Dispute.   

v   To safe guard the interests of Karnataka and to substantiate the stand of the Government before the Supreme Court/Cauvery water Disputes Tribunal a team of Advocates along with the Advocate General of Karnataka is appointed and their services are being utilised.    

v  The current team of Advocates appointed by the Government to represent Cauvery Water Disputes is as under:  

 

1

Advocate General of Karnataka

2

Sri. F.S.Nariman

Senior Advocate

3

Sri. Anil B. Divan

Senior Advocate

4

Sri. S.S.Javali

Senior Advocate

5

Sri. Mohan V. Katarki

Advocate

6

Sri. Shambhu Prasad Singh

Advocate

7

Sri. Sanjay R. Hegde

Advocate

8

Sri. S.C.Sharma

Advocate

9

Sri. Ranvir Singh

Advocate

10

Sri. Brijesh Kalappa

Advocate

 

v To get technical advise in Cauvery Water Disputes  matter two Technical Advisors were appointed by the Government and their services are being continued.

For effective participation and pleading the case of Karnataka before the Cauvery Water Dispute Tribunal, Cauvery water Cell established in 1990 is now functioning in Karnataka Bhavan-III (Bheema), Hudco Place, Andrews Ganj, New Delhi. 

v    This unit renders technical assistance to the Advocates engaged by the state to appear before the Cauvery water Dispute Tribunal  and Supreme Court.  This unit also prepares documents and other required materials for the Technical Committee,  All Party Meetings and other related meetings.   

      In addition, this unit also carries out the following works. 

Ø      Collection and analysing data regarding Reservoir levels, inflow, etc., of the Cauvery Basin Projects in the State.   

Ø      Preparation of brief and draft replies in connection with the reactions from the public and other State Governments, which appear in press.   

Ø      Collection and updating of materials that are relevant to the Cauvery water Disputes etc.,   

This unit also renders its views on the matters connected with the West Flowing River Development, National & State Water Policy, National water Board and NWDA studies regarding Water balance whenever such files are referred to.    

Technical Committee on Cauvery Water Dispute:  

The Technical Committee discusses the latest development in respect of Cauvery Water Dispute and necessary actions to be taken in order to protect interest of the State.  It also gives Technical Advise to the State Government regarding the subject referred to the Technical Committee. 

Progress during 2008 - 09   

          The significant developments before the Cauvery Water Dispute Tribunal and Supreme Court concerning the Cauvery water Dispute during the year 2008-09 are as under:     

*        Before the Cauvery Water Dispute Tribunal: 

          The Cauvery Water Disputes Tribunal announced its final verdict along with report on 05.02.2007.  As per the judgement the allocation of 740 tmc (available in Cauvery basin at 50% dependability) to the party States is as under:

  1

Kerala

-

30 tmc

2

Karnataka

-

270 tmc

3

Tamil Nadu

-

419 tmc

4

Union Territory of Pondicherry

-

7 tmc

5

Environmental protection

-

10 tmc

6

Inevitable escapages into sea

-

4 tmc

 

Total

-

740 tmc

 Further it is ordered in the judgement that Karnataka should ensure 192 tmc at Biligundlu (gauging station maintained by CWC) as under:  

Month

TMC

Month

TMC

June

10

December

8

July

34

January

3

August

50

February

2.5

September

40

March

2.5

October

22

April

2.5

November

15

May

2.5

Total – 19.2 tmc

          Aggravated by the final orders of the Tribunal Karnataka Government filed review petition under Section 5(3) of Inter State Water Disputes Act on 03.05.2007 before the Cauvery Water Dispute Tribunal.  All other party States have also filed review petition under Section 5(3).  In addition to review petition, State of TamilNadu had filed CMP No.1/2007 before the Tribunal on 31.05.2007 praying to restrain the State of Karnataka from  execution or commissioning any new check dams or Irrigation works,   L.I. Schemes and de-silting of M.I. tanks. 

          The CWDT which met on 10.07.2007 accepting the petitions of all the party States and that of Central Government Ordered them to be listed for orders after disposal of the appeals by the Supreme Court.  Further it also disposed off the CMP No.1/2007 filed by Tamil Nadu. 

Before the Supreme Court:

Aggrieved by the Final Order of the Cauvery Water Disputes Tribunal dated: 05.02.2007, Karnataka filed Civil Appeal No. 2453/2007 (Vol. I to III - pages 1 to 1038) against the Final Orders of the Tribunal under Article 136 of the Constitution on 23.04.2007.  

Thereafter additional documents (Vol. IV to XXV – pages 1039 to 6759) have been filed between 04.05.2007 and 11.02.2009 in support of issues that are to be argued before the Supreme Court.   

Further, conferences in this respect were held both in Bangalore and at New Delhi frequently through out the year with Senior Counsel Sri. F.S. Nariman and Sri. Anil B. Divan in preparation for the ensuing arguments.    

Pending Original Suit No. 3/2001 filed by Tamil Nadu on 19.09.2001 came up for hearing 7 times before the Supreme Court during the year.  Framing of issues, admissions and denials of documents and filing of additional documents in two volumes have been completed before the Supreme Court.   

On  23.03.2009,  the Court ordered to list  the  matter after the judgment is delivered by a bench presided over by the Hon’ble Chief Justice of India in Civil appeal No.2543/2007, 2454/2007 and 2456/2007.  

Pending Original Suit No. 3/2002 filed by Tamil Nadu on 10.07.2002 came up during the current year before Supreme Court on 28.11.2008 and 26.03.2009.  This suit incidentally also contained contempt petitions No. 461 and 484 of 2002 on the then Honb’le Chief Minister Sri S.M. Krishna, the then Honb’le Minister of Water Resources Sri. H.K. Patil, the then              Chief Secretary Sri. A. Ravindra, the then Secretary for Water Resources                   Sri. S.J.Channabasappa and the then Chief Engineer (ISW),                                  Sri. R. Hrushikesh.  On 28.11.2008 the Supreme Court was of the opinion that no contempt has been made out and accordingly disposed off the contempt petitions. 

On 26.03.2009 when the original suit again came up for hearing before the Supreme Court, the Court ordered it to be listed during August 2009.  

I. A No. 3 of 2008 filed by Tamil Nadu in Civil Appeal No. 2453/2007

Tamil Nadu filed the above I.A in Supreme Court regarding taking up of Shivanasamudram Hydro Electric Project by the State of Karnataka.                The State of Tamil Nadu insisted that the four Hydro Electric Schemes viz., Shivanasamudram, Mekedatu, Rasimalai and Hogenekal (the first two lie entirely in Karnataka area, whereas the other two lie in the common reach between Karnataka and Tamil Nadu)  be taken up as a joint venture by the Government of India and that Shivanasamudram and Mekedatu should not be  individually  taken up by the State of Karnataka. 

The replies to the above I.A have been prepared and approved by the Government. The same is to be finalized by the Senior Counsel       Sri. F.S. Nariman and has to be filed before the Supreme Court. 

 

Before the Cauvery River Authority:

          After the Final Award of the CWDT on 05.02.2007 Karnataka is of the opinion that neither the Interim Order nor the final order is under operation as the Tribunal in its interim order had stated that the interim order will be in effect till the final order is pronounced but the final order has not yet been notified by the Government of India, whereas Tamil Nadu is of the contention that the interim order dated: 25.06.1991 still survives.   

          The Government of India had indicated that till the final Order is notified, the interim order holds sway.   Karnataka has differed on this and has urged that the matter can only be resolved by CRA. 

          Under such circumstances, whether the regime of flows is to be regulated as per Interim order or as per final order remained unresolved.             As such during the year 2008-09 the regime of flows to be regulated to Tamil Nadu under distress condition was requested for from the CRA. In this respect several letters were addressed to Government of India to convene the CRA meeting at the earliest.  But till to date it is not been convened.   

          During the year the gaugings at Biligundlu have shown that a quantity of 199.96 tmc has flown to Tamil Nadu to end of 3/2009. The computations of Tamil Nadu at Mettur indicate the flow reaching Mettur as 195.55 tmc during the corresponding period.

 

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