Negotiation panel fails to settle Pennaiyar inter-state water dispute between TN, Karnataka

CHENNAI: The Negotiation Committee that was constituted by the Ministry of Jal Shakti to settle the Pennaiyar river inter-state water dispute between Tamil Nadu and Karnataka has failed to resolve it. The committee has recommended that the ministry set up a tribunal for settlement of the dispute.

Tamil Nadu had moved the Supreme Court challenging the illegal construction of new check dams and diversion structures across the Pennaiyar river and its tributaries by Karnataka. The apex court in its order dated November 4, 2019 has permitted Tamil Nadu to make an application to seek constitution of an Inter-State River Disputes Tribunal.

Accordingly, Tamil Nadu submitted the request for the constitution of a Tribunal to the Ministry of Jal Shakti on November 30, 2019. The Ministry forwarded the complaint to all co-basin States/UT (Tamil Nadu, Karantaka, Andhra Pradesh and Puducherry) for their views. Further, a Negotiation Committee was consitituted for resolution of the dispute on January 20 this year.  
 
As per official documents available with The New Indian Express, the committee had held two meetings - February 24 and July 7 - before submitting its final report on July 31. In the report, the committee has mentioned that it made sincere attempts to resolve the issue amicably between the two states, but failed. The committee has recommended constituting a tribunal. "No tribunal has been constituted so far in the matter," said an official from the Ministry of Jal Shakti.

Karnataka had taken up five different projects in the Pennaiyar river basin affecting the natural flow of the river. It is constructing a pumping station to pump the waters of Pennaiyar river from Thattanur (Tattanur) village in Malur taluk of Kolar district to Lakkur Tank, which is at about 65 feet higher elevation, for distributing the water to about 160 tanks through underground PVC pipeline. There is a lift irrigation scheme at Ellamallappa Chetty tank (Yellamallappa Chetty tank) for pumping 22 MLD (284 Mcft.) of water to fill up the Hoskote tank, which is located upstream, using 120 HP motors.

Karnataka has also proposed to pump water from the main Pennaiyar river at Belahalli (Byalhalli) village for irrigation purposes. Also, it proposes to divert surplus waters of Varathur tank to Narsapur tank in Kolar district by pumping through 2.5 m diameter pipeline and implement pumping schemes to fill tanks in Kolar district. However, the most contentious project that Tamil Nadu is opposing is the construction of a reservoir of 500 Mcft storage capacity across the Markandeya river, a tributary of Pennaiyar river, near Yargol village, just upstream of the Karnataka – Tamil Nadu border by the Karnataka Urban Water Supply and Drainage Board.

The Tamil Nadu government claims that these projects would severely affect the livelihood of lakhs of farmers in Krishnagiri, Dharmapuri, Tiruvannamalai, Villupuram and Cuddalore districts as the flow of the river will be drastically reduced besides affecting drinking water needs.

Tamil Nadu alleges that Karnataka has violated the terms and conditions of the 1892 agreement entered into between the then states of Madras and Mysore, according to which Karnataka cannot control the distribution of water of the inter-state river by construction of check dams without prior consent of other riparian states including Tamil Nadu.

However, the Karnataka government argues that it has not violated any of the terms and conditions either of the 1892 agreement or the 1933 agreement. It is further submitted that under the 1933 agreement, there is no necessity for Karnataka to inform Tamil Nadu or any other riparian state to utilize the waters of South Pennaiyar river basin for the purpose of drinking water.