The backlash in Karnataka, following the refusal of the Mhadei Water Disputes Tribunal to divert 7 TMC of water to the Malaprabha reservoir, seems grossly out of place. It appears to be politically motivated and without any substance. Why? Because the
drought-like situation during the summer months no longer exists. Karnataka has received surplus rains in the months of June and July and there is sufficient water available in the rivers and reservoirs. Shortages, if any can only be blamed on the
incompetence of the Karnataka government, not the Tribunal or Goa. One would have sympathized with the people of Karnataka who were going through a bad patch in the summer
months, but two months of very heavy rainfall has changed
the situation. Hence, the burning of vehicles and beating of
chests seems contrived.
That the Tribunal ruled in favour of Goa is a tribute to the consummate
legal skills of former advocate general and his nine
member team. They waged a battle
against the likes of Fali Nariman,
Madhusudan Naik and Anil Divan
and emerged triumphant. Chief
Minister Laxmikant Parsekar rightly
stated that the battle has been
won but the war remains. That, by
and large, sums up the task before
the legal team.
Three key points touched upon by
the Tribunal “ surplus water, water flow into the sea and Central
Water Commission (CWC) report, could have a direct impact
on the main litigation for sharing the waters of the Mhadei
river. The good part is all appear to be in favour of Goa.
Karnataka has always argued that there is surplus water in the
Mhadei river. It used the CWC report which claimed that 199
TMC of water is available in the river (1 TMC is equal to 28.32
billion litres of water) while Goa has contested this figure.
Then, Karnataka used a figure provided by Goa (108.7 TMC)
to prove that there was surplus water because at present Goa
consumed only 9.33 TMC. The Tribunal turned this argument
on its head. It ruled that Karnataka has to prove that there was
surplus water at the point at which it seeks to impound the
water. Karnataka was unable to place such proof on record.
Karnataka has also argued that most of the water in the Mhadei
is wasted as it flows into the Arabian Sea. The Tribunal
however, ruled that water flowing in to the sea does not constitute
wastage as it forms part of the water cycle.
Lastly, the Tribunal declined to accept the final figure of 199
TMC arrived at by the CWC at the interim stage because it was
disputed by Goa and constituted the availability of water in
the entire basin and not at the points where it was sought to be
impounded in Karnataka.
The battle was won and the Tribunal’s order gives Goa hope
that it could win the war as well.
