Who owns flood water on river in case of dispute between states? SC to examine

NEW DELHI: Disputes over sharing of river water among states is common, but India's newest state Telangana, while objecting to Andhra Pradesh's Polavaram-Banakacherla Link Project (PBLP), has raised an interesting question before the Supreme Court - can a state unilaterally attempt to utilise flood water on an inter-state river? Telangana said the project violates the binding award of Godavari Water Disputes Tribunal and would deprive the residents of Telangana their due share of Godavari water, reports Dhananjay Mahapatra.

Tribunal ruling mum on surplus flood waters, Andhra's projects cut into our share: Telangana Telangana said the tribunal award has not dealt with surplus flood waters and AP's projects, constituted in the guise of using flood water, would reduce the Godavari water share of Telangana.

No mechanism exists in the country to determine whether a project utilises flood water or the assured share of water allocated to states by the award of a water disputes tribunal award, the A Revanth Reddy-led Congress govt said.

Telangana said AP govt's decision to utilise more water through projects in the guise of harnessing excess flood water would have a chain reaction across the country. It said Karnataka intends to use more water of Krishna in the same manner which would accentuate water shortage for Telangana.

"Maharashtra has also said that in case AP is allowed to plan projects based on flood waters, it would also like to plan projects on so-called flood waters. This would completely destabilise the utilisation pattern in the co-basin states violating the binding award of GWDT," it said.

A bench led by CJI Surya Kant on Monday will hear a writ petition filed by Telangana govt which challenged the decision of the Central Water Commission (CWC) to grant consent to AP govt to prepare detailed project report for PBLP even though there had been no in-principle consent for project feasibility report (PFR), which must be obtained prior to preparation of DPR.

The Polavaram project was to be executed on the Godavari river as per the Godavari Water Disputes Tribunal which was to carry 80 thousand million cubic feet (TMC) of water to the Krishna river through its canal system for use in the Krishna delta system.

"Now, instead of approved diversion of 80 TMC of water to the Krishna river, AP govt is expanding infrastructure of the Polavaram project without any approvals to carry additional 200 TMC (intended to increase to 300 TMC later) of water to the Krishna river and beyond through Polavaram-Banakacherla Link Project/Polavaram- Nallamalasagar Link Project in the guise of carrying flood waters of the Godavari," it said.

Accusing AP govt of undertaking expansion work for PBLP and PNLP prior to submission of pre-feasibility report to the CWC, Telangana govt said AP has floated tenders for undertaking work despite CWC specifically informing it to wait for approval of PFR. It requested SC to stay the tendering process initiated by AP and the ongoing expansion works of Polavaram Right Bank Canal.

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