Water disputes between states have been a persistent challenge in India, often leading to legal battles, political tensions, and social unrest. Among them, the Cauvery water dispute stands out as one of the most prolonged and contentious conflicts, primarily involving Karnataka and Tamil Nadu, with Kerala and Puducherry also having a stake.

The Cauvery River originates from Talakaveri in the Western Ghats of Karnataka and flows through Karnataka, Tamil Nadu, Kerala, and Puducherry, covering a length of approximately 805 km before emptying into the Bay of Bengal. The river is crucial for drinking water, agriculture, industries, and hydropower in these states.

The dispute arises from the uneven rainfall patterns and competing demands of upstream (Karnataka) and downstream (Tamil Nadu) states. While Karnataka claims a larger share for its growing population and industries, Tamil Nadu insists on its historic rights over the river for agricultural sustainability. Over the years, legal battles, political negotiations, and public protests have shaped the discourse around the issue.

Historical Background

Colonial Agreements

The roots of the Cauvery dispute date back to the British colonial era when two crucial agreements were signed:

• 1892 Agreement – Signed between the then Princely State of Mysore (now Karnataka) and the Madras Presidency (now Tamil Nadu), this agreement mandated Mysore to obtain approval from the Madras Presidency before constructing any irrigation projects on the Cauvery.
   
• 1924 Agreement – A significant water-sharing agreement was signed for 50 years between Mysore and Madras under British mediation. It allowed Mysore to construct the Krishnarajasagar Dam but limited Karnataka's ability to obstruct water flow to Tamil Nadu. This agreement expired in 1974, escalating tensions.

Post-Independence Developments

After India's independence in 1947, new states were reorganized, and the water-sharing issue intensified. Karnataka wanted to build more reservoirs, while Tamil Nadu demanded the continuation of the 1924 agreement's terms.

• 1970s: Tamil Nadu raised concerns about Karnataka's new dam constructions and demanded the intervention of the Central Government.
• 1990: The Cauvery Water Disputes Tribunal (CWDT) was constituted to resolve the dispute legally.

Key Parties Involved

• Karnataka: Being an upper riparian state, Karnataka controls the initial flow of Cauvery and demands a greater share due to increased urbanization, industrialization, and agricultural expansion.
• Tamil Nadu: A lower riparian state, Tamil Nadu is highly dependent on Cauvery for agriculture, especially in the delta region, and demands Karnataka to release water as per historical agreements.
• Kerala: Though Kerala contributes some tributaries to the Cauvery, it uses a small share for local consumption.
• Puducherry: Puducherry claims a share of water for irrigation and drinking water needs in Karaikal, which falls under the Cauvery basin.
• Central Government's Role: Acts as a mediator and enforces tribunal recommendations through the Cauvery Water Management Authority (CWMA).
• Farmers and Local Communities: Farmers in Tamil Nadu depend on timely water release for crops like paddy. Farmers in Karnataka seek water for their fields and reservoirs. Protests and agitations erupt whenever water supply is disrupted.
   

Legal and Judicial Developments

Formation of the Cauvery Water Disputes Tribunal (CWDT) – 1990

After decades of disputes, the CWDT was formed in 1990 to adjudicate water-sharing claims.
 

CWDT's 2007 Final Award

After 17 years of deliberation, the tribunal delivered its final verdict in 2007, allocating water as follows:

Supreme Court's 2018 Verdict

In 2018, the Supreme Court slightly modified the CWDT award:

• Karnataka's share increased to 284.75 TMC ft
• Tamil Nadu's share reduced to 404.25 TMC ft
• Kerala and Puducherry's allocations remained unchanged.

In 2023, protests erupted in both Karnataka and Tamil Nadu over the Cauvery water dispute, with both states demanding a greater share of the river's water.

Key Issues and Challenges

• Karnataka vs. Tamil Nadu's Differing Needs: Karnataka cites rising population, industrialization, and climate variability to demand more water. Tamil Nadu argues that its farmers need uninterrupted water for agriculture, as they rely on traditional canal irrigation.
• Non-Compliance with Agreements: Karnataka has sometimes failed to release the mandated water quota, leading to Tamil Nadu filing contempt petitions in the Supreme Court.
• Impact of Monsoons and Droughts: Insufficient monsoons cause reduced water availability, leading to conflicts over sharing limited resources.
• Protests and Political Tensions: Water-sharing disputes trigger violent protests, often disrupting trade and travel between Karnataka and Tamil Nadu.

Case Laws Related to the Cauvery Water Dispute

State of Karnataka v. State of Tamil Nadu & Ors. (1991)

• Key Issues:
  • Whether Karnataka was bound to release water to Tamil Nadu pending the final award by the CWDT.
  • Whether the interim order of the CWDT was legally binding on Karnataka.
• Judgment and Legal Principles:
  • The CWDT issued an Interim Order directing Karnataka to release 205 TMC ft of water annually to Tamil Nadu.
  • The Supreme Court struck down Karnataka's ordinance, reinforcing that a state cannot unilaterally nullify a tribunal's order.
• Impact: This case set a precedent for future enforcement of water tribunal decisions by the Supreme Court.

State of Karnataka v. State of Tamil Nadu & Ors. (2018)

• Key Issues:
  • Whether the CWDT's 2007 final award required modification.
  • Whether Karnataka was entitled to a higher water allocation due to urban needs.
• Supreme Court's Verdict (2018):
  • The Supreme Court reduced Tamil Nadu's allocation from 419 TMC ft to 404.25 TMC ft.
  • Karnataka's share was increased from 270 TMC ft to 284.75 TMC ft.
  • The Court ordered the formation of the Cauvery Water Management Authority (CWMA) to oversee water distribution.

Political and Social Impact

• Political Agendas: State governments often use the dispute for electoral gains.
• Economic Consequences: Disruptions in agriculture and industries due to inconsistent water supply.
• Law and Order Issues: Violent protests, including attacks on businesses and public properties in both states.

Possible Solutions and Suggestions

• Sustainable Water Management:
  • Improve water conservation methods, including rainwater harvesting.
  • Implement micro-irrigation and drip irrigation for efficient water use.
• Strict Implementation of Supreme Court Orders: Ensure Karnataka releases water as per CWMA directives.
• Inter-State Cooperation: Encourage dialogue between states for long-term resolution.
• Alternative Water Sources: Desalination plants and interlinking of rivers can reduce dependence on Cauvery.

Current Scenario
Despite judicial interventions, the dispute remains contentious, especially during drought years. Karnataka often cites insufficient water for its own needs, while Tamil Nadu insists on its rightful share for agricultural purposes. Political tensions and protests frequently arise whenever water release orders are issued. In 2023, protests erupted in both Karnataka and Tamil Nadu over the Cauvery water dispute, with both states demanding a greater share of the river's water. Currently, the Supreme Court has asked the Cauvery Water Management Authority (CWMA) to submit a report on the situation. 

Conclusion
The Cauvery water dispute highlights the complexities of inter-state water sharing in India. Despite legal rulings and tribunal awards, conflicts continue due to political, environmental, and economic challenges. A long-term solution requires scientific water management, better policies, and cooperative governance to ensure equitable distribution and sustainable usage of Cauvery's waters. The resolution of this dispute is not just about water but about sustaining millions of livelihoods. As climate change and increasing demand put further pressure on water resources, mutual understanding and better planning will be key to preventing future conflicts and ensuring water security for all stakeholders.

To move forward, stake holders must recognise the urgent need for a new narrative that prioritises the sustainable use of water resources, minimises ecological harm, and embraces the challenges posed by climate change. Legal requirements advocating for water conservation and demand management, as a prerequisite for water sharing rights, is the only lasting solution to the age old conflict. Consequently, Cauvery River remains a lifeline for both Karnataka and Tamil Nadu in the future. A humble attempt has been made through his study to present the inter-state river water disputes over Cauvery River water.

This research work has tried to understand the geographical, political, legal, social and human rights context of how unresolved river water dispute is causing problems. It has been the focus throughout the study to highlight the least mentioned aspect of such disputes, that is, violation of human rights of the people. This study has made an attempt to connect the political and legal approach to addressing the inter-state rive water disputes by using a human rights perspective in the front.

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