Wednesday, 10 October 2012

Attempts to Resolve the Cauvery Water Dispute and Future Remedies



One of the most controversial inter-state disputes over shared resources between two states is one of the Cauvery water dispute tribunal. The source of this conflict was mainly due to the agreement on the water sharing treaties conceded by the states of Karnataka and Tamil Nadu during 1892 and 1924 between the Madras presidency (Tamil Nadu) and the princely state of Mysore (Karnataka) which was more in favour of Tamil Nadu. Now, Karnataka demands equitable sharing of the Cauvery waters and Tamil Nadu had already set up a livelihood which depends solely on the existent water partition between the two states. If Karnataka got their way, then a massive population in Tamil Nadu would get severely affected as a consequence of it.

            Most of the initiatives taken by the local communities had proved unsuccessful because of a difference of opinion. Earlier futile protests were because the 50 year old agreement signed in 1924 was never carried out till 1974. And in the later years, around 1990’s, the issues ballooned up creating unrest within the communities involved. This is when the judicial and bodies stepped in in an attempt to remedy the issue. Thus formed the Cauvery River Authority and its monitoring committee headed by the Prime Minister and Chief Ministers of the riparian states. Since this committee didn’t act effectively as planned, a Cauvery Water Tribunal was formed in 1990 under the act of 1956 Inter State Water Disputes. After proposing an interim order in 1991, the final award was delivered in 2007 according to which the water partitioning for each of the four states would be as follows:

       Tamil Nadu, 419 TMC
       Karnataka, 270 TMC   
       Kerala, 30 TMC
 Pondicherry, 7 TMC
*TMC – thousand million cubed

After the final award was proposed, initially there were no major grievances. But eventually, all states approached the Supreme Court with Special Leave Petitions. Availing no other option, the Supreme Court acknowledges the petition and left the situation back at ground zero. 

            During this entire process, the farmers and the stakeholders never came into the picture. This is one conflict that has been going on for quite some decades now and we need a fresh new perspective into the problem. Multi-Stakeholder’ Dialogue (MSD) is one such possibility. Also, the farmers involved in this have never actually had a say in any of this. This has been initiated by the Madras Institute of Development Studies in 2003. As a consequence of this, the Committee of the Cauvery Family held several meetings and made significant improvement in the remediation. Using relevant facts and research, the total water quantity was summed unto 670 TCM (approx.). Of which, Kerala and Pondicherry shares 50 TCM, and the rest is to be respectively shared between Tamil Nadu and Karnataka depending on the agricultural and agronomical scene in both these states.  

LONG TERM Solution:

            When considering issues over natural resources, we must always seek remedies that are long term. Temporal treatment to such disputes would spur even bigger problems in the future. Due to the early efforts of the Tamil Nadu government,   Tambrapani watershed (The entire geographical area drained by a river and its tributaries; an area characterized by all runoff being conveyed to the same outlet), a tributary through Tirunelveli, is being well protected and preserved. This tributary is the very reason why Tirunelveli is one of the highest agricultural crop yielding districts of the state. Since most of the agricultural land usage depends purely on this tributary, these districts are very well content with the way things are. Hence, watershed management proves very beneficial and is also a sustainable method of water resource usage.                    

Although, Tamil Nadu has rights over the tributaries Bhavana and Moyar, its legislature prevents rights over the main headwaters of Cauvery. The government also has full control of the watersheds like, Ponnayar, Palar etc. Reports suggest Tamil Nadu to receive 13 less rain days annually, but the amount hasn’t decreased. This says that there would be harder rains but lesser number of times. This further propels the necessity of healthy and efficient watersheds.  

Following are the advantages of proper utilization of watersheds:

-           Help slow down the process of surface water run-off,
-           Improve percolation of water to recharge underground aquifers,
-           Decrease the siltation of waterway
-           Help lengthen the flow period of rivers.

      Watersheds have proved useful for over a century in Tirunelveli alone, and it has also proven its worth many other districts within India. In Madura district and in less than five years, the watershed had recovered causing a improved stream flow as and when the cattle grazing and fuel wood harvesters were removed. Similarly in the reserve forests of Karavakurichi, these watersheds have improved the forest growth within two years of their implementation.
    
    Though everything seems well and good, the problem arises while setting up a watershed management. Seeking foundation through politically motivated social forestry and village forest schemes will fail as this involves usage of large areas of land. The setup of such an establishment requires the full consented cooperation of the government, political parties, NGO’s, the forest department and most essentially the local people. Money required reaches over 20 crores rupees and about 500,000 hectares of land (which should be regenerated). 

The Ambedkar Way:

            While addressing to such issues where the livelihoods of people is at stake, the remedies should  be such that the verdict equally suffices all parties involved. Though this method has been quite frowned upon in the past, could possibly work in the issue at hand. It seems to add much more sense in the entire process of fostering solutions not just momentarily but for future days to come.

            Ambedkar believed in a path of “equity”, wherein equal sharing of resources and opportunities seeds understanding and peaceful mutual existence between societies. There are situations where local and regional bodies get involved and because of the absence of a properly functional legal system there seems to be no solution at hand. He had come up with an idea of implementing independent authorities of these water resources controlled by the Central. This gives autonomous governance rights to the Central which would ensure equal water sharing in times of desperate needs largely based on a constitutional framework. Since, the system is centralised it reduces the chances of conflicts over the outcome.

REFERENCES:

From Publications:

-          Transforming Potential Conflict into Cooperation Potential: Role of International Water Law
                        By: Sergei Vinogradov, Patricia Wouters, Patricia Jones
-          The Cauvery Water War
            By: Neil Pelkey
-          Water And Conflict
            By: Jason Gehrig with Mark M. Rogers
-           Article reviewed - Inter State Water Disputes in India: Institutions and Policies
By: Alan Richards & Nirvikar Singh

From Sites:

-          Wikipedia: www.wikipedia.org


                                                                                                      KARTHIK CHANDRASEKAR
                                                                                                      AE11B015

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