The report of the Krishna Water Disputes Tribunal-II (2010)

The three-member Krishna Water Disputes Tribunal-II, constituted in 2004 headed by Justice Brijesh Kumar gave its judgement on December 30, 2010.

KWDT-II freshly assessed the yearly yields in the Krishna and determined the award on the basis of the yearly yield at 65 per cent dependability which was assessed at a total of 2,293 tmcft. 

In its order, announced in an open court, the tribunal allocated a total share of 1,001 tmcft to Andhra Pradesh, 911 tmcft to Karnataka and 666 tmcft to Maharashtra with certain restrictions imposed on each State in keeping with the dependable flows of the rivers on which the allocations have been made. The allocation under the first award (KWDT I) was 811 tmcft for Andhra Pradesh, 734 tmcft for Karnataka and 585 tmcft for Maharashtra.

Some of the clauses in the final order of KWDT II are –

  • For the purposes of this case, the yearly yield of the river Krishna was prepared afresh, on the data now available - an yearly water series for 47 years and accordingly the dependable yield was determined as: Average yield - 2578 TMC; Yield at 50% dependability - 2626 TMC; Yield at 60% dependability - 2528 TMC; Yield at 65% dependability - 2293 TMC and Yield at 75% dependability - 2173 TMC.
  • It was decided that the water of river Krishna be distributed amongst the three States of Maharashtra, Karnataka and Andhra Pradesh on 65% dependability of the new series of 47 years i.e. 2293 TMC.
  • It was decided that the allocations already made by KWDT-1 at 75% dependability which was determined as 2060 TMC on the basis of old series of 78 years plus return flows, assessed as 70 TMC in all totalling to 2130 TMC, be maintained and shall not be disturbed.
  • It was determined that the remaining distributable flows at 65% dependability, over and above 2130 TMC (already distributed), is 163 TMC (2293 TMC minus 2130 TMC = 163 TMC).
  • It is hereby decided that the surplus flows which is determined as 285 TMC (2578 TMC minus 2293 TMC= 285 TMC) be also distributed amongst the three States.
  • The balance amount of water at 65% dependability i.e.163 TMC and the surplus flows of 285 TMC was distributed as given below:
    • State of Karnataka: Allocation at 65% dependability 65 TMC; Allocation out of surplus flows 105 TMC; Total 170 TMC; Flows made available for Minimum flows in the stream out of 65% dependability 7 TMC; Grand Total 177 TMC
    • State of Maharashtra: Allocation at 65% dependability 43 TMC; Allocation out of surplus flows 35 TMC; Total 78 TMC; Flows made available for Minimum flows in the stream out of 65% dependability 3 TMC; Grand Total 81 TMC
    • State of Andhra Pradesh: Allocation at 65% dependability 39 TMC; Allocation out of surplus flows 145 TMC; Total 184 TMC; Flows made available for Minimum flows in the stream out of 65% dependability 6 TMC; Grand Total 190 TMC 
  • On change in availability and the allocation of more water, at different dependabilities, the restrictions placed on the States on utilizations in some sub-basins would consequently change. The changes in the restrictions are in keeping with the dependabilities at which allocations have been made.
  • All the three States shall release in all 16 TMC of water for maintaining minimum instream flow and for environment & ecology.
  • Since the decision of the tribunal has the force and decree of the Supreme Court, no appeal against the award can be filed in any court except before the tribunal itself. The order of the tribunal can be reviewed or revised after May 31, 2050.
  • States which came up with projects that do not fall within the purview of the tribunal's order may have to modify them.
  • The tribunal asked the Centre to set up a "Krishna Water Decision-Implementation Board" with representation from all the three States. 
  • The tribunal directed the three States to contribute for Chennai city drinking water supply 3.30 tmcft distributed in equal quantity in July, August, September and October, and 1.70 tmcft in four equal installments in January, February, March and April.

The tribunal permitted Karnataka to raise the storage level in the Almatti dam to 524.256 metres from 519.6 metres, a measure seen by Andhra Pradesh as depriving its lower Krishna delta region of water supply. The tribunal, however, directed Karnataka to make regulated releases of 8 to 10 thousand million cubic feet (tmcft) from the dam to Andhra Pradesh in June and July.

Image Courtesy: IWMI

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