Krishna Water Disputes Tribunal-II water allocation can’t be revisited: Experts

VIJAYAWADA: After the Andhra Pradesh government has opposed Telangana’s request for reallocation of Krishna water under Section 3 of the Inter-State River Water Disputes (ISRWD) Act, 1956, irrigation experts have echoed similar view that revisiting the allocation done by the Krishna Water Disputes Tribunal (KWDT -I) to projects is not possible. They also noted that the KWDT-II has also protected the allocation done by the KWDT-I and distributed only the flows over and above the 2,130 TMC of water among the riparian States.

Irrigation expert and retired chief engineer KV Subba Rao observed that the Inter-State Water Disputes (Amendment) Act, 2002, clearly states that any dispute settled by a tribunal before the commencement of the amended Act shall not be reopened. Since the KWDTI was published in the gazette in 1976, it cannot be revisited.

“It is not open to Telangana to seek a fresh review,” said Subba Rao, who has been a member of several expert committees on irrigation issues. He also pointed out the October, 2016 verdict of the KWDTII, which made it clear that it would not look into the water reallocation among the riparian States, but would adjudicate the shares between AP and Telangana alone.

‘TS aware that reallocation of water not possible’

He opined that Telangana is also aware that reallocation of the already allocated water would not be possible and hence was delaying the adjudication process. He further noted that Telangana had in fact proposed transfer of Godavari water to Krishna basin as it knew reallocation of Krishna water was not a matter of contention.In fact, State Water Resources Secretary J Syamala Rao, in a letter to the Ministry of Jal Shakti (MoJS) on July 6, stated that the KWDT-I itself considered misconceived the contentions of Telangana in its 2014 complaint and rejected them. 

 “Since the KWDT-II’s verdict said that it would only adjudicate allocation between both the Telugu States, it is relevant to consider provisions of the AP Reorganisation Act, 2014 such as Sections 2, 3, 4, 48, 84, 89 and 104, and Schedule XI, which noted that allocations in respect of assured water remain the same,” another retired SE opined.  

The Telangana government had written to the MoJS in June seeking reallocation after it had filed an interlocutory petition for the withdrawal of its earlier petition in the Supreme Court after the Union ministry suggested it to do so in the apex council meeting held in October, 2020. In the request, Telangana sought that the matter of reallocation be referred under Section 3 of the ISRWD Act, 1956 to either a new tribunal or to the KWDT-II.

It may be noted that in the ongoing water row, Telangana CM K Chandrasekhar Rao has called for 50:50 sharing of the 811 TMC of water as opposed to the existing mechanism. Of the  total 811 TMC, 512 TMC has been allocated to AP and the remaining 299 TMC to Telangana. “AP requests that both the States be given personal hearing before taking any decision on the complaint of Telangana. Hope the Centre will oblige,” Syamala Rao said.