Recently, the Union government has taken steps to review water utilisation from the Krishna and the Godavari rivers. This comes on the heels of complaints lodged against each other by the Telangana and Andhra Pradesh governments, both of which share stretches of these rivers and own their tributaries.
Water Dispute: The Genesis
The crux of the dispute revolves around new projects proposed by both states without obtaining clearance from the river boards, the Central Water Commission and the Apex Council, as required by the Andhra Pradesh Reorganisation Act, 2014. This act advocates for the establishment of an Apex Council, composed of the Union Water Resources Minister and the Chief Ministers of Telangana and Andhra Pradesh, by the Central Government for supervising the operations of the Godavari River Management Board and Krishna River Management Board.
Srisailam Reservoir: The Bone of Contention
The proposal by the Andhra Pradesh government to enhance the utilisation of the Krishna water from a section of the river above the Srisailam Reservoir, built across the Krishna River, has triggered a complaint from the Telangana government. The former countered with accusations against the latter for new irrigation projects like Palamuru-Rangareddy, Dindi Lift schemes on the Krishna river and Kaleshwaram, Tupakulagudem schemes on the Godavari.
The Role of Krishna and Godavari Water Dispute Tribunals
To address disputes surrounding the Krishna water, two tribunals have been constituted till date. Following Justice Brijesh Kumar’s order in 2010 by the second Krishna Water Dispute Tribunal (KWDT), allocating water portions among Maharashtra, Karnataka and Andhra Pradesh, the Andhra Pradesh government has asked for Telangana to be included as a separate party and the allocation to be reworked among four states instead of three. It has challenged the tribunal verdict in the Supreme Court.
Similarly, the Godavari Water Dispute Tribunal, headed by Justice Bachawat, was set up in 1969 to resolve disputes over Godavari river sharing between Andhra Pradesh, Madhya Pradesh, Chhattisgarh, Odisha, and Karnataka. The award from this tribunal in 1980 has been a matter of contention, particularly concerning the diversion of water from Polavaram to Krishna river by Andhra Pradesh.
Union Government’s Actions Amidst Rising Tensions
In response to these escalating tensions, the Union Government has asked the Krishna and Godavari River Management Boards to procure detailed information on the irrigation projects on these rivers, including from Maharashtra and Karnataka and submit them to the Centre within a month. This seems to be aimed at determining if surplus water will be available for new projects in Telangana and Andhra Pradesh.
A Look at Inter-State Water Disputes and Relevant Legal Provisions
Article 262 of the Constitution grants the provision for the adjudication of inter-state water disputes, allowing Parliament to enact laws regarding the use, distribution and control of waters of any inter-state river and river valley. Parliament may also decide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint. Subsequently, two laws have been enacted – the River Boards Act (1956) and the Inter-State Water Disputes Act (1956) – to regulate and develop inter-state rivers and river valleys and handle disputes between states in regards to these.
About Krishna and Godavari Rivers
The Godavari River originates near Nasik in Maharashtra and flows about 1465 km before emptying into the Bay of Bengal, with its basin extending over Maharashtra, Telangana, Andhra Pradesh, Chhattisgarh and Odisha, along with smaller parts in Madhya Pradesh, Karnataka and the Union Territory of Puducherry. Its tributaries include Pravara, Purna, Manjra, Penganga, Wardha, Wainganga, Pranhita, Indravati, Maner and Sabri.
The Krishna River, on the other hand, emerges near Mahabaleshwar in Maharashtra and is the second largest river in peninsular India after Godavari. It runs through Maharashtra, North Karnataka, Telangana and Andhra Pradesh before it drains into the Bay of Bengal, with its tributaries including Tungabhadra, Mallaprabha, Koyna, Bhima, Ghataprabha, Yerla, Warna, Dindi, Musi and Dudhganga.