Panaji: With the Mhadei
water diversion issue triggering a row again, the focus will be on how state's legal experts tackle the case before the
Mhadei Water Disputes Tribunal (MWDT), as the Goa government has to make its written submission early next year.
The hearing of the plea before the tribunal filed by Goa challenging Karnataka's canal works to divert the Kalsa tributary of River Mhadei in Kankumbi, near Goa's border, has completed a stage of deposition by witnesses on both sides and their subsequent cross-examination.
At the interim stage during the hearings, Karnataka's bid to seek 7TMC of water during 2016-17 and 2017-18, citing a drought-like situation in its northern parts, failed to convince the MWDT.
The tribunal which was set up in November 2010 to adjudicate the dispute held that "detailed hydrological analysis should have been undertaken by Karnataka with a view to thoroughly examine all aspects, particularly, the scenario both at Malaprabha and Mhadei basin being under water stress in the same year before seeking permission to transfer water from Mhadei to Malprabha basin".
The tribunal had seen a few flaws in Karnataka's proposal. Non-compliance of its assurance to the Supreme Court in obtaining environmental clearance for the projects further weakened its claim.
The MWDT also pointed out that proper data was needed to prove the Mhadei basin had surplus water for sharing. As per Karnataka's data, the Mhadei basin appears to be and can be, under water stress in the future during extreme drought situations in the Malaprabha basin.
The rejection of Karnataka's interlocutory applications to lift 7TMC water signaled that Goa had something to cheer about.
Further, the tribunal pointed out that one TMC is equivalent to 28.3 billion litres of water. Huge infrastructure and permanent constructions would be needed to divert the water, it noted.
The state's legal experts, and even chief minister Manohar Parrikar, had adopted a hard stance of not settling the matter out of court. But Parrikar's recent move proposing water-sharing talks, has raised fears that it may harm Goa's case. "If the Goa government agrees to any technical innovation for diversion of water under the pretext of "drinking water supply" outside the basin, Goa's case would be permanently weakened," former expert member of the Mhadei diversion panel, Nandkumar Kamat, said.
