The Bachavat Tribunal awarded 800 TMC ft, 695 TMC ft and 565 TMC ft to AP, Karnataka and Maharashtra respectively, out of 2060 TMC ft at 75 per cent dependability of water available in the river. The 75 per cent dependability of water was calculated based on 78 years.
For the purpose of this case, the 75 per cent dependable flow of the river Krishna up to Vijayawada is 2060 T.M.C.
- Maharashtra shall not use in any water year more than 560 T.M.C.
- Karnataka shall not use in any water year more than 700 T.M.C
- Andhra Pradesh will be at liberty to use in any water year the remaining
water that may be flowing in the river Krishna but thereby it shall not acquire
any right whatsoever to use in any water year nor be deemed to have been
allocated in any water year water of the river Krishna in excess of the quantity specified here under 800 T.M.C.
Some observations & clarifications:
Failure of any state to make use of any portion of the water allocated to it during any water year shall not constitute forfeiture or abandonment of its share. State will not be entitled to claim the unutilised water in any subsequent water year; and any other State may make use of the unutilised water, and such use shall not be charged to the share of that other State, but thereby it shall not acquire any right whatsoever in any such use.
"Water year" commences on 1st June and ends on 31st May.
Nothing in the Order shall impair the power of any State to regulate within its boundaries the use of water, or to enjoy the benefit of waters within that State in a manner not inconsistent with the Order of this Tribunal.
Andhra Pradesh will be at liberty to use the excess flow in surplus years and at the same time will have to bear the burden of the deficiency in lean years save as indicated in this Report.
It is not possible to provide for the sharing of the surplus or deficiency in the absence of a regulating authority. In the absence of regulating authority "Final Order" provides for distribution of 75 per cent dependable flow of 2060 T.M.C. only.
Excess up to 2130 T.M.C. as follows:—
- State of Maharashtra — 35 per cent of such excess.
- State of Karnataka — 50 per cent of such excess.
- State of Andhra Pradesh — 15 per cent of such excess.
Excess over 2130 T.M.C. as follows :—
- State of Maharashtra — 25 per sent of such excess.
- State of Karnataka — 50 per cent of such excess.
- State of Andhra Pradesh — 25 per cent of such excess.
States of Maharashtra, Karnataka and Andhra Pradesh will be free to make use of underground water within their respective State territories in the Krishna river basin and shall not be reckoned as use of the water of the river Krishna.
Domestic and municipal by 20 per cent of the quantity of water and Industrial use by 2.5 per cent of the quantity of water diverted or lifted from the river or any of its tributaries or from any reservoir, storage or canal.
There is no ground for limiting the use of the remaining water by Andhra Pradesh to its existing carry-over capacity. If the remaining water is not used by Andhra Pradesh, it will be wasted to the sea.
We see no ground for making additional allocations to Karnataka save as mentioned in this Report.
We reject the argument of Karnataka that 4 T.M.C. of water allowed in respect of the pondage loss at Krishna Barrage is liable to be deducted from the allocation to Andhra Pradesh. We reject the argument of Karnataka that the allocation of 3 T.M.C. in respect of evaporation loss at Nagarjunasagar is liable to be deducted from the share of Andhra Pradesh.
We have allowed Andhra Pradesh to store water in the Srisailam Dam after its completion to the extent and in the manner it would be feasible for it to do so and to utilise the water impounded in the storage in any manner it deems proper and in lieu thereof no deduction has been made from the 75 per cent dependable flow on account of the inevitable waste to the sea of a part of the flow between Nagarjunasagar Dam and Vijayawada.
No State has proprietary interest in any particular volume of water of an inter-state river on the basis of its irrigable area or contribution.
Nothing contained herein shall prevent the alteration amendment or modification of all or any of the foregoing clauses by agreement between the parties or by legislation by Parliament.
Krishna Water Disputes Tribunal II (Brijesh Kumar)Final Award of 2010
Dependable yield is determined as follows :-
- Average yield - 2578 TMC
- Yield at 50% dependability - 2626 TMC
- Yield at 60% dependability - 2528 TMC
- Yield at 65% dependability - 2293 TMC
- Yield at 75% dependability - 2173 TMC
That it is hereby decided that the surplus flows which is determined as 285 TMC (2578 TMC minus 2293 TMC= 285 TMC) be also distributed among the three States.
- State of Maharashtra ——— 666 TMC
- State of Karnataka ———— 911 TMC
- State of Andhra Pradesh — 1001 TMC
- TOTAL ———————— 2578 TMC
While KWDT I made project wise allocations with freedom to states to manage as they like with in the over all limit rejecting Maharashtra & Karnataka's arguments for statewise allocations, KWDT II allocating statewise allocations without stating any reason for departing from KWDT I's methodology. AP's contention is that upper states will construct to excess capacities and lower states interests would get seriously hampered during low monsoon years was not heeded compelling them to file SLP in Supreme Court.
Since the allocations have been made at different dependabilities, the party States are directed to utilize the water strictly in accordance with the allocations. “Krishna Waters Decision – Implementation Board” to be set up for implementation of the provisions of the decisions.
State of Karnataka shall release 8 to 10 TMC of water to the State of Andhra Pradesh from Almatti Reservoir in the months of June and July, as regulated releases.
Nothing contained herein shall prevent the alteration,amendment or modification of all or any of the Clauses by agreement between the Parties.
Decision and directions given by KWDT-I which have not been amended, modified or reviewed by this order shall continue to be operative.
At any time after 31st May, 2050, order may be reviewed or revised by a Competent Authority or Tribunal.
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