Hey Krishna! This is not fair

New Delhi: The Andhra Pradesh government on Wednesday questioned the Krishna Water Disputes Tribunal award in the Supreme Court, stating that it would adversely affect the timely flow of water to the state and agriculture operations in the Krishna Basin and more than 35 lakh acres would get affected.

Making this submission before a bench of Justices Dipak Misra and Prafulla C. Pant, senior counsel A.K. Ganguly and counsel G. Umapathy, appearing for Andhra Pradesh, said “the award of the Tribunal is not only unscientific and unworkable but has resulted in grave miscarriage of justice and has introduced perpetual conflict amongst the riparian states rather than ensuring harmony and good neighborhood relations amongst them.”

They said the award suffered from inherent contradictions and incongruity in crucial aspects. They pointed out that the tribunal held that distribution at 65 per cent dependability and average would not be feasible in the absence of available carryover storage in the Krishna Basin. “Yet it has chosen to distribute waters at these dependabilities on the assumption that such dependable flows could be realised even in the absence of requisite carryover reservoirs which is patently unscientific and irrational.”

Mr Ganguly argued that the award erred in permitting Karnataka to raise the height of Almatti dam from 519.6 metre to 524.25 metre which is detrimental to AP. On the question of maintainability raised by Maharashtra, Mr Ganguly said, “Since these cases involve substantial questions of law as to the interpretation of the provisions of the Constitution, the mandate of Article 145(3) of the Constitution would apply.”

He wanted the court to hear the matter and decide various questions of law. In its petition, Telangana wanted a direction to set aside the award in its entirety on allocation of water between Andhra Pradesh, Maharashtra and Karnataka. It said the award required a fresh consideration and adjudication of the disputes the Telangana, which was vitally affected, came into existence only on June 2, 2014.

So far as meeting its water requirement, Telangana was facing the grim prospect of being left literally high and dry with hardly any water reaching the state from any one of the three arms of the river Krishna, namely Bhima, Tungabhadra or the main Krishna. Arguments will continue on May 6.