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After bifurcation, Telangana State government has sought justice in sharing of Krishna water. On 14 July 2014, Telangana had lodged a complaint under Section 3 of the 1956 Inter State Water Disputes Act stating that Telangana has been facing injustice from the very beginning on the water share.
After bifurcation, Telangana State government has sought justice in sharing of Krishna water. On 14 July 2014, Telangana had lodged a complaint under Section 3 of the 1956 Inter State Water Disputes Act stating that Telangana has been facing injustice from the very beginning on the water share.
As the complaint was filed as a partner State in the Krishna basin, the Centre which was supposed to act on the issue within a year was failed to do so and filed has filed a writ petition in the Supreme Court seeking a fresh allocation of Krishna water or a new tribunal.
Telangana government filed a Special Leave Petition countering argument of Maharashtra and Karnataka and stated that Telangana should not be viewed as a baby born out of bifurcation of Andhra Pradesh but as a fourth baby born in the Krishna Basin. The TS government said its argument was not heard by any court nor Tribunal so far and hence sought a new tribunal for four States of the Brijesh Kumar tribunal continuing should hear the case afresh.
In October 2015, the Supreme Court has issued notice to Centre to clarify its position, the Counsel representing the Centre Additional Solicitor-General Tushar Mehta adduced that the limited aspect of sharing of Krishna river water between the newly created state of Telangana and Andhra Pradesh can be referred to the Water Dispute Tribunal instead of dragging other stakeholders Karnataka and Maharashtra into it.
Expressing displeasure on the Centre's stand that the issue of water distribution would be confined to States only, the Telangana government hinted that it would move Supreme Court against the Centre. It also clearly indicates that the Centre succumbed to the pressure mounted by the Karnataka and Maharashtra governments in this regard.The government has begun preparing for a politico-legal battle to have its way.
With the Supreme Court’s final hearing on Telangana’s plea to constitute a new tribunal listed on 15thDecember,2015, the State government is awaiting for the court orders, along with contingency plans for tackling “any eventuality”.
Through the Government of India made a point before the Supreme Court, that there was no need to constitute a new tribunal, the State government is awaiting for the court’s directions.
The Advocate-General of the Government of India informed the SC about the Centre’s opinion on Krishna Water issue and in turn was asked by the court to file an affidavit. The SC may give its verdict after going through the affidavit.
Earlier, the Telangana government had urged the Central government to constitute a new tribunal for apportioning Krishna water.
The government stated that the award of Brijesh Kumar Tribunal was passed in 2010 and the final verdict was given in November 2013, when Telangana State was not in existence. Hence, there was a need to hear the arguments of the Telangana State on water sharing and for fresh estimation of water in the river as well as entitlements of those having rights on it.
The Telangana government wanted that the share of Krishna water to be apportioned between the four riparian states afresh, as the injustice has been meted out to the Telangana region during erstwhile state of Andhra Pradesh. It is estimated that fresh allocation would raise the share of Telangana to 60 tmc additional water in Krishna water and would be helpful assured water to the projects of Mahbubnagar and also cater the needs of the State due to prevailing drought conditions.
Out of the 2060 tmc of assured water in Krishna, Andhra Pradesh (along with Telangana) was given 911 tmc; while 700 tmc went to Karnataka and 600 tmc to Maharashtra in 2010 and this award would be in force till 2050.
As per the final verdict of Brijesh Kumar Tribunal delivered on November 29, 2013, Andhra Pradesh (including present State of Telangana) is entitled to get 1,005 thousand million cubic feet (tmc) of water. Karnataka will get 907 tmc and Maharashtra’s share is 666 tmc. This award will be binding till 2050.
According to this verdict, Andhra Pradesh (and Telangana) will lose its freedom to use the surplus water. The surplus water is going to be divided among the three States (now four States). It was estimated that there would be availability of 285 tmc of surplus water in Krishna river.
However, Telangana has given only 299 tmc, out of the 911 tmc of water allocated to erstwhile AP, and this was sheer injustice as the allocated water was not enough for the State. Till date Telangana projects had been given only 140 tmc and that there was need for about 180 tmc more to enable the State to take up ongoing and contemplated projects.
As of now SLBC was given 60 tmc, Rajoli Banda 15 tmc, some medium projects 36 tmc, and minor projects 90 tmc. Although about 132 tmc was given to the NagarjunaSagar Left Bank Canal, out of which the State gets about 20 per cent.
The Government has proposed projects like Palamuru Lift, Dindi Lift, Nettempadu, Bhima, and Kaluwakurthi for Mahabubnagar district. These projects are yet to get assured water. It is carrying out the construction of these projects on the basis of surplus water.
Eventually, Telangana wants to have a fresh look at the distribution of Krishna river water with its stakeholders Karnataka, Andhra Pradesh and Maharashtra, as the Brijesh Kumar tribunal has not adjudicated the legitimate share of water for Telangana in Krishna River. It also requested for setting up of a fresh tribunal under the Inter-State River Water Disputes Act of 1956.
As previous order of tribunals are not valid in view of new State of Telangana. It also sought the issuance of a writ of mandamus to the Central government to notify the setting up of a fresh tribunal under the Inter-State River Water Disputes Act of 1956 to decide the issue the sharing of the water among the four States. If fresh allocations are made it would stand to gain by 60 tmc of water, otherwise some of the projects of Telangana such as Nettampadu LIS 22 tmc, Kalwakurthy LIS 25 tmc and AMRP(SLBC) 30 tmc are under threat.
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