The Schedule XI of AP Reorganisation Act has glaring gaps that adversely affect the interests of Telangana
In the second Apex Council meeting held last October, the Union Ministry of Jal Shakti suggested Telangana and Andhra Pradesh should try to get water allocations to the projects in Para 10 of Schedule XI of the Andhra Pradesh Reorganisation Act (APAR), 2014, from the Krishna Water Disputes Tribunal-II. It seems the ministry did not consider the contentious issues involved while making the suggestion. It is the prerogative of the State governments to submit for allocations for their projects before water disputes tribunals. If the Union government expresses its views on such a contentious subject, it may influence the proceedings before the KWDT-II, jeopardising Telangana’s interests.
Para 10 of Schedule XI states that the water-sharing arrangement of six projects – HNSS, TGP, GNSS, Veligonda (these belong to AP) and Kalvakurthi and Nettempadu (Telangana) — shall continue. The AP projects divert Krishna water to serve outside basin areas and two Telangana projects serve in-basin areas. It is well known that the list of projects in Schedule XI is incomprehensive.
The Telangana projects, which serve the in-basin and severely drought-affected areas, and already taken up/sanctioned by the combined state of AP by the time of APRA, 2014, was passed, were omitted viz Palamuru-Rangareddy, Dindi Lift Irrigation Schemes and SLBC project in Krishna Basin. Further, no projects in the Godavari Basin was included viz, Pranahita-Chevella LIS (now BR Ambedkar Pranahita and Kaleshwaram projects), Rajiv Sagar and Indira Sagar LI Schemes (together now called as Sitarama LIS), Devadula, etc.
This incomprehensive list was communicated to the Union government by the then combined AP government in May 2014. It is also clear from the wording of Para 10 that the water-sharing arrangement of that day shall continue. At that time, all the six projects were based on surplus water and hence will continue to be surplus water-based projects.
As per the KWDT-I (Bachawat Tribunal), erstwhile AP was given the liberty to take up projects based on surplus water but no rights were given over those waters. Surplus water means water at lower dependability than those allocated by the Tribunal.
The KWDT-I assessed total water available in Krishna Basin as 2,130 tmc at 75% dependability and allocated it to three riparian States. The water in excess of 2,130 tmc is treated to be surplus water in that water year. The KWDT-II (Brijesh Kumar Tribunal) allocated the surplus water up to average flows, ie, up to 58% dependability – 2,578 tmc. Hence, whenever the KWDT-II Award comes into operation, the surplus waters would be water available in excess of 2,578 tmc.
The KWDT-I had allowed allocation of the surplus waters by a review Tribunal in future. The KWDT-II — the review Tribunal — allocated the surplus water between 2,578 tmc and 2,130 tmc to the projects of the three riparian States, including certain projects of erstwhile AP, based on the demands and priorities placed before it by the riparian States. However, due to stay orders of the Supreme Court, the KWDT-II Award is not in operation. The allocations of surplus water are being contested by Telangana before the present KWDT-II. Hence, as on today, the list of projects in Schedule XI is based on the surplus water.
As per the wordings of Para 10, it is clear that the projects in its list are continued with the liberty given to utilise the surplus water. The allocation of dependable water is subject to adjudication by the present KWDT-II based on the pleadings of the State governments. Water Disputes Tribunals are the ultimate authorities over the adjudication of inter-State river waters and the Principles governing the functioning of the River Management Boards given in the Schedule XI are not binding on them. In fact, the primary responsibility of the Boards is to function having regard to the Awards granted by the Tribunals.
In 1973, while adjudicating the shares of the riparian States of Krishna basin, the Bachawat Tribunal protected certain quantum of water for the existing and ongoing projects as on September 1960. The remaining quantum of water was apportioned for future uses stipulating that “more weight may be given to uses requiring diversion of water inside the basin”.
Despite this, the then AP government submitted demands for additional quantities for the Krishna Delta System and Kurnool-Cuddapa Canal, which serve areas outside the Krishna basin by giving priority over the Jurala Stage-I serving inside the basin. The Bachawat Tribunal did not allocate any water to the projects prioritised by AP and allocated 17.84 tmc to Jurala Stage-I.
The KWDT-II also rejected many of the demands of AP projects stating they serve the outside-basin areas. The only exception was allocation to Telugu Ganga, as recorded by the Tribunal itself that erstwhile AP “vehemently urged” and “laid great stress for allocation”. Hence, it is amply clear that the future uses of the projects based on surplus water would be allocated giving priority to inside projects.
All the surplus water-based projects in Telangana serve inside basin areas. Therefore, irrespective of whether it’s mentioned in Schedule XI, Telangana projects would get the allocation of dependable water by the KWDT-II. Telangana pleaded before the KWDT-II for allocation of dependable water to all its surplus water-based projects, viz Kalwakurthy, Nettempadu, Palamuru-Rangareddy, Dindi LIS and SLBC. At the same time, AP did not place demands for allocation of dependable water to the projects in Schedule XI and hence they will remain in the category of surplus water-based projects in future.
In the draft Bill, monitoring of Pennar basin was in Schedule XI, which was excluded later. About 70% of the water of the Krishna projects in AP areas divert water to areas outside basins, ie, Penna and other basins. A recent CWC study shows that average water availability in Pennar basin increased from 223 tmc to 389 tmc. Hence, telemetry shall be placed at all regulators and reservoirs, which use Krishna waters in Penna basin, etc, and monitored by the KRMB, and be included in Schedule XI.
Para 10 of the Schedule XI was not in the draft Bill introduced in the Lok Sabha. It was inserted through an amendment. However, it was evident from the pandemonium in Parliament that it was drafted hurriedly. In the draft Bill, projects of Pennar basin were also put under the purview of the KRMB, but excluded later.
Glaringly, inter-State water issues pertaining to Telangana such as modernisation of Rajolibanda Diversion Scheme (RDS) and share in Polavaram diversions are not mentioned in Para 10. The Union government may rectify Schedule XI to make it comprehensive and strengthen the federal spirit of the nation.
(Sridhar Rao Deshpande is Co-Chairman and Salla Vijaya Kumar is Secretary, Telangana Engineers JAC)
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