Raising concerns over the proposed Mekedatu project, Tamil Nadu chief minister C Joseph Vijay has written to Prime Minister Narendra Modi. In the letter, the CM has urged the Centre to safeguard the interests of the lower riparian states.
The Mekedatu project is a proposed multi-purpose balancing reservoir across the Cauvery river in Karnataka that aims to supply drinking water to Bengaluru and generate 400 MW of power, amid strong opposition from Tamil Nadu.
In the letter to the PM, Vijay called on the Centre to ensure that any decision on the project remains consistent with the Cauvery Water Disputes Tribunal (CWDT) Award and the Supreme Court's verdict on the Cauvery water dispute, news agency ANI reported.
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Vijay refers to Jal Shakti MoS' reply in Rajya Sabha
Vijay pointed to a reply by the Minister of State for Jal Shakti in the Rajya Sabha, which stated that the Supreme Court's February 16, 2018, judgment does not expressly stipulate that Karnataka should get the consent of the lower riparian states before building a structure on the Cauvery River. He described the response as "disappointing."
{{/usCountry}}Vijay pointed to a reply by the Minister of State for Jal Shakti in the Rajya Sabha, which stated that the Supreme Court's February 16, 2018, judgment does not expressly stipulate that Karnataka should get the consent of the lower riparian states before building a structure on the Cauvery River. He described the response as "disappointing."
{{/usCountry}}The Tamil Nadu CM argued that the reply appeared not to have taken into account the legal position regarding the consent and rights of the lower riparian states.
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Referring to the CWDT Award, the Tamil Nadu CM said that the apex court had affirmed Clause XVIII of the Tribunal Award, under which each state may regulate waters within its territory only in a manner consistent with the Tribunal's directions, the ANI report further stated.
Furthermore, he asserted that any project capable of affecting the regulated flow of the Cauvery must therefore be examined for consistency with the Award.
In the letter, Vijay also referred to Clause XI of the Tribunal Award, which, according to him, prohibits any upper riparian state from taking action affecting scheduled deliveries to downstream states except through mutual agreement and consultation with the regulatory authority.
Moreover, he added that Clause XX recognises that any modification to the Award can only be made through agreement among the concerned states.
Vijay calls Cauvery 'lifeline of millions...'
Calling the Cauvery "the lifeline of millions of farmers and citizens across southern India," Vijay said protecting the integrity of the Tribunal Award and the Supreme Court judgment was essential for maintaining confidence in the constitutional mechanism governing inter-state rivers.
He requested the Prime Minister's intervention “in the larger interest of justice, federal harmony and faithful implementation of judicial decisions.”
Talking about the proposed Mekedatu project, Vijay said that it could not be evaluated merely as an engineering proposal.
He emphasised that its legal permissibility must be examined in the context of the Supreme Court's February 16, 2018 judgment, the CWDT Award, and the rights of the lower riparian states.
Vijay calls for withdrawal of reply
In the letter, the chief minister requested the Centre to withdraw the reply given by the Minister of State for Jal Shakti in the Rajya Sabha.
He also asked that no statutory or administrative approval be granted to the Mekedatu project unless it is demonstrably consistent with the CWDT Award and the Supreme Court judgment.
Furthermore, he urged the Centre to protect the rights of the lower riparian states in relation to both the quantity of water and the regulated pattern of releases.