While a relatively modest assurance made by the Union Minister for Jal Shakti to Rajya Sabha MP Luizinho Faleiro promising that the Central Government would allow affected parties to raise their petitions till August 20, 2023, it seems like the Union Minister is trying to plug holes in the dyke using fingers.
Almost two and a half decades ago, the Goa government appointed a “Panel of Experts” for preparation of Master plan for the long term needs of water potential of the Mandovi river basin in Goa. This Panel submitted its report to the State Government on 31.01.1999.
The main observations and recommendations of the “Panel of Experts” were:
That out of the total geographical area of 3702 Sq.km. of the state the Mandovi river basin occupies 1580 Sq.km. “ i.e., 43% of the area of the State, spreading over six talukas of Sattari, Bicholim, Bardez, Tiswadi (Panjim), Sanguem and Ponda.
The water requirement of Goa from the Mandovi river basin by 2051 AD at 75% (for irrigation) to 100% (for water supply) would total to about 2674 million cubic meters (MCM)
Against the above projected annual requirement of 2674 MCM of water by 2051 AD the water resources actually available in the Mandovi basin for conservation and utilization is only 1531 MCM.
Water resources from the remaining portions of the Mandovi river basin in the final tidal and saline reach and the coastal plains cannot be practically conserved and regulated. Thus the Mandovi Basin is a water deficient basin. It is obvious that there is absolutely no scope for any diversion of water outside the basin to Malaprabha River.
Goa has to substantially depend on the water resources generated in the upper reaches of the basin in Karnataka and Maharashtra even to meet 1531 MCM, which is only a part of its projected need of 2674 MCM.
The adverse environmental impacts upon Goa:
The Mandovi is a short length river on the West coast of India in a very fragile environment.
There exists navigation on the river for about 40 kms of the river and sufficient flow and draft (depth) is needed for the survival of this established navigation. A very fragile balance between the fresh water flow and the sea tidal ingress and salinity exists.
The survival of the natural Goa Harbour depends upon the delicate balance between sea and fresh water, siltation etc. The existence of fishing as an important and major economic activity of the people of Goa is also under threat.
It is apprehended that the proposed diversion of the Mandovi river waters by Karnataka will have an adverse impact on the well-established socioeconomic activities in Goa with disastrous environmental consequences.
Observations from the Detailed Project Report:
One glaring observation about the Detailed Project Report is that the Kalasa-Bhandura Drinking Water Supply Scheme does not envisage the creation of a new command area or providing water to suffering existing command areas for irrigation.
Therefore, the proposed project does not find place in the schedule of EIA Notification, 2006 and its subsequent amendments in 2018.
Incidentally, the Government of Karnataka had gotten an Environmental Impact Assessment done by NEERI Nagpur in September, 1997 which was sent to Goa by letter dated 06.04.1998. The Panel sought certain clarifications on the said NEERI report, which was sent to the Karnataka government on 29.06.1999.
The Karnataka government had not given satisfactory clarifications. Hence, the Goa government chose not to accept NEERI’s environmental impact assessment studies based on incomplete and erroneous basic data fed by Karnataka and the non-association of the NIO with the studies.
Would Goa be affected:
The Kalasa and Bhandura Nala Diversion Scheme for Drinking Water Supply involves diversion of west flowing streams/nalas in Mahadayi basin to water deficit Malaprabha basin by construction of three diversion dams across Haltara Nala, Kalasa Nala and Bhandura Nala.
The project component towards Goa is located close to Mhadei Wildlife Sanctuary notified under Wildlife (Protection) Act, 1972 thereby threating a disruption of the natural ecology and wildlife habitat in the area.
The streams proposed for diversion within Karnataka in Mahadayi basin share interstate boundaries with Goa and Maharashtra and hence the project was adjudicated at Hon’ble Mahadayi Water Dispute Tribunal (MWDT).
The litigation journey so far:
In July, 2002, the State of Goa made a request under Section 3 of the Inter-State River Water Disputes Act, 1956 for constitution of the Tribunal and refer the matter for adjudication and decision of dispute relating to Mandovi River.
The Central Government concluded that the dispute contained in the request of State of Goa of July, 2002 cannot be resolved by negotiation and initiated further action in the matter as per the provisions of Inter-State River Water Disputes Act, 1956 and rules made thereunder.
Cabinet Committee in its meeting dated 06.10.2010 approved proposal of locating Tribunal in New Delhi Central government has constituted Mahadayi Water Disputes Tribunal (MWDT) vide notification dated 16th November, 2010.
The State of Goa thereafter filed the “Statement of Case by the State of Goa before Mahadayi Water Dispute Tribunal” on 4.2.2013.
The Tribunal submitted its report u/s 5(2) of the Act to the Central Government on 14.08.2018.
The State of Goa filed an application under Order 39 Rule 2A of the Code of Civil Procedure, 1908 read with Section 5(3) of the ISRWD Act, 1956 before the Tribunal on 20.08.2018.
Goa had moved SLP(C) No. 19312/2019 before the Hon’ble Supreme Court of India against the Report-cum-final decision dated: 14.08.2018 passed by the Tribunal. The status of the SLP is still showing as pending on the SC Website.
The most recent development in the Supreme Court of India prior to the Central Government approving a modified detailed project report (DPR) of the Kalasa-Bhandura (canal) drinking water project, was the grant of an interlocutory application by Dr Justice DY Chandrachud subject to the result of the pending proceedings.
The State of Karnataka had filed an interlocutory application for a direction to the Union of India to publish the award dated: 14.08.2018 of the Mahadayi Water Disputes Tribunal.
The prayer in the Interlocutory Application was not opposed by Mr Arvind P Datar, learned Senior Counsel appearing on behalf of the State of Goa.
