Context: The nagging dispute over the water share of the Krishna river between Andhra Pradesh (A.P.) and Telangana remains unresolved, even nine years after the bifurcation of the combined State.

• Telangana has made it clear that it will not accept the 34:66 (Telangana : Andhra Pradesh) ratio imposed on it since the partition for an additional year.

Key highlights

• The Special Chief Secretary (Irrigation) of Telangana has stated that Telangana is entitled to a 70% share in 811 tmcft allocated to combined AP by the KWDT-I Award.

• But the erstwhile AP had apportioned it in 512:299 tmcft (Andhra Pradesh : Telangana) ratio without protecting the in-basin requirements in the fluoride and drought-affected areas of Telangana and considering the judicious needs of the region.

• The Board Chairman has placed it on record that the matter would now be referred to the Ministry of Jal Shakti for its intervention.

• Telangana authorities stated that they would not agree for anything less than 50:50 shares till finalisation of shares.

• The Ministry of Jal Shakti has failed to refer the matter of water shares to a Tribunal, new or existing, for over two years now, although Telangana had withdrawn its petition in the Supreme Court.

Background

Krishna Water Disputes Tribunal

• The Inter-State River Water Dispute Act, 1956, established the Krishna Water Disputes Tribunal (KWDT) in 1969, and it delivered its report in 1973.

• In addition, it was stated that any time after May 31, 2000, a competent body or tribunal could review or alter the KWDT order.

Second KWDT

• The second KWDT was instituted in 2004.

• It delivered its report in 2010, which made allocations of the Krishna water at 65 % dependability and for surplus flows as follows: 81 TMC for Maharashtra, 177 TMC for Karnataka, and 190 TMC for Andhra Pradesh.

After the KWDT’s 2010 report

• Andhra Pradesh challenged it through a Special Leave Petition before the Supreme Court in 2011.

• In 2013, the KWDT issued a ‘further report’, which was again challenged by Andhra Pradesh in the Supreme Court in 2014.

Creation of Telangana

• After the creation of Telangana, Andhra Pradesh has asked that Telangana be included as a separate party at the KWDT and that the allocation of Krishna waters be reworked among four states, instead of three.

• It is relying on Section 89 of The Andhra Pradesh State Reorganisation Act, 2014.

• For the purposes of this section, it is clarified that the project-specific awards already made by the Tribunal on or before the appointed day shall be binding on the successor States.

Constitutional Provisions

• Article 262 of the Constitution provides for the adjudication of inter-state water disputes.

• Under this, Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.

• The Parliament has enacted the two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956).

• The River Boards Act provides for the establishment of river boards by the Central government for the regulation and development of Inter-state River and river valleys.

• The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.

• Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

About Krishna River

• Source: It originates near Mahabaleshwar (Satara) in Maharashtra. It is the second biggest river in peninsular India after the Godavari River.

• Drainage: It runs from four states Maharashtra (303 km), North Karnataka (480 km) and the rest of its 1300 km journey in Telangana and Andhra Pradesh before it empties into the Bay of Bengal.

• Tributaries: Tungabhadra, Mallaprabha, Koyna, Bhima, Ghataprabha, Yerla, Warna, Dindi, Musi and Dudhganga.