Government of India constituted the Krishna Water Disputes Tribunal headed by Justice Sri R.S.Bachawaton 10th April 1969 and referred to the Tribunal for adjudication the water disputes regarding the Inter State river Krishna and the river valley thereof. In respect of the utilisation of water available at Tungabhadra Dam, the tribunal gave clear directions in its final order vide clause IX, which came into force from the water year 1976-77. The relevant extracts from clause IX and clause XVI are appended as below The tribunal also examined the necessity of continuing the Board, and opined that the Board should continue to retain charge of the works on or connected with the project which are common to the two States until another control body is established
EXTRACT OF CLAUSE IX B C D & E OF FINAL ORDER OF KRISHNA WATER DISPUTES TRIBUNAL AWARD
Clause IX (B) Out of the water allocated to it the State of Karnataka shall not use in any water year
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1) |
More than the quantity of water specified here under from the Tungabhadra (K-8) sub-basin. | |
| a) | as from the water year commencing on the 1st June next after the date of the publication of the decision the Tribunal in the official Gazette up to the water year 1982-83 = 295 TMC. | |
| b) | as from the water year 1983-84 upto the water year 1989-90 = 295 TMC plus a quantity of water equivalent to 7 ½ percent of the excess of the average of the annual utilisations for irrigation in the Krishna river basin during the water years 1975-76, 1976-77 and 1977-78 from its own projects using 3 TMC or more annually over the utilisations for such irrigation in the water year 1968-69 from such projects. | |
| c) | as from the water year 1990-91 up to the water year 1997-98 = 295 TMC plus a quantity of water equivalent to 7 ½ percent of the excess of the average of the annual utilisation for irrigation in the Krishna river basin during the water years 1982-83, 1983-84 from its own projects using 3 TMC or more annually over the utilisation for such irrigation in the water year 1968-69 from such projects. | |
| d) | as from the water year 1998-99 on wards 295 TMC plus a quantity of water equivalent to 7½ percent of the excess of the average of the annual utilisation for irrigation in the Krishna river basin during the water years 1990-91, 1991-92 and 1992-93 from its own projects using 3 TMC or more annually over the utilisation for such irrigation in the water year 1968-69 from such projects. | |
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For the limited purpose of this Sub-Clause, it is declared that the utilisation for irrigation in the Krishna river basin in the water year 1968-69 from projects of the State of Karnataka using 3 TMC or more annually shall be taken to be 176.05 TMC. annual utilisation for irrigation in the Krishna river basin in each water year after this order comes into operation from the projects of the State of Karnataka using 3 TMC or more annually shall be computed on the basis of the records prepared and maintained by that State under Clause XIII. evaporation losses from reservoirs of projects using 3 TMC or more annually shall be excluded in computing the 7 ½ percent figure of the average annual utilisation mentioned above. ii) more than 42 TMC from the Vedavathi (K-9) sub-basin, and |
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2) |
Out of the water allocated to it, the State of AP shall not use in any water year. | |
| (i) | more than 127.5 TMC from the Tungabhadra (K-8) sub-basin and more than 12.5 TMC from the Vedavathi (K-9) sub-basin. | |
| (ii) | more than 6 TMC from the catchment of the river Kagna in the State of Andhra Pradesh. | |
| 3) | (i) | The uses mentioned in sub-clauses (A), (B) and (C) aforesaid include evaporation losses |
| (ii) | The use mentioned in sub-Clause (C) (i) does not include use of the water flowing from the Tungabhadra into the river Krishna | |
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4) |
The following directions shall be observed for use of the water available for the utilisation in the Tungabhadra Dam in a water year. | |
| a) | The water available for utilisation in a water year in the Tungabhadra Dam shall be so utilised that the demands of water for the following projects to the extent mentioned below may be met :- | |
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i) |
Tungabhadra Right Bank Low level canal Water available for Tungabhadra Right Bank Low Level Canal Shall be shared by the States of Karnataka and Andhra Pradesh in the following proportions; |
52.00 TMC |
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ii) |
Tungabhadra Right Bank High Level Canal -Stages I & II Water available for Tungabhadra Right Bank High Level Canal shall be shared by the States of Karnataka and Andhra Pradesh in the following proportions: |
50.00 TMC |
| iii) | Tungabhadra Left Bank Low Level Canal and High Level Canals | 102.00 TMC. |
| iv) | Raya and Basavanna Channels of the State of Karnataka | 7.00 TMC. |
| v) | Assistance by way of regulated discharges to Vijayanagar Channels other than Raya and Basavanna Channels of the State of Karnataka | 2.00 TMC |
| vi) | Assistance by way of regulated discharges to the Rajolibunda Diversion Scheme for use by the States of Karnataka and Andhra Pradesh in the proportion mentioned in Clause XI (C) | |
| vii) | Assistance by way of regulated discharges to the Kurnool- Cuddapah Canal of theState of Andhra Pradesh | 10.00TMC |
| TOTAL | 230.00 TMC | |
| The utilisation of the projects mentioned in sub-clause (a) (i), (ii) and (iii) above include the evaporation losses in the Tungabhadra Dam, which will be shared in accordance with Clause XI (D). | ||
| a) | If, in any water year, water available for utilisation, in the Tungabhadra Dam is less than the total quantity of water required for all the projects as mentioned above, the deficiency shall be shared by all the projects proportionately. The proportions shall be worked out after excluding the evaporation losses. |
| b) | If, in any water year, water available for utilisation is more than the total quantity of water required for all the Projects, as mentioned above the requirements for all the projets for the month June in the succeeding water year as estimated by the Tungabhadra Board or any authority established in its place shall be kept in reserve and the State of Karnataka shall have the right to utilise the remaining water in excess of such reserve in the Tungabhadra Dam for its Projects mentioned in sub-Clauses (a)(i), (ii) and (iii) above drawing water from that dam even though thereby it may cross in any water year the limit on the utilisation of water from Tungabhadra (K-8) sub-basin placed under Clause IX (B) of the Final order but in no case such utilisations shall exceed 320 TMC. |
| c) | The balance water, if any, shall be kept stored in the dam for use in the next year. |
| 1) | The working tables for the utilisation of the water in the Tungabhadra Dam shall be prepared as hitherto fore by the Tungabhadra Board or any other authority established in its place so as to enable the States of Karnataka and Andhra Pradesh to utilise the water available for utilisation in the Tungabhadra Dam as aforesaid. |
| 2) | If, in any water year either of the two States of Karnataka and Andhra Pradesh finds it expedient to divert the water available to it in the Tungabhadra Dam for any one of its projects to any other of its project or projects mentioned above for use therein, it may give notice thereof to the Tungabhadra Board or any other authority established in its place and the said Board or authority may, if it is feasible to do so, prepare or modify the working table accordingly. |
| 3) | The States of Karnataka and Andhra Pradesh may use the water available to it in the Tungabhadra Dam in accordance with the aforesaid provisions and nothing contained in Clause V shall be construed as overriding the provisions of Clause IX (E) in the matter of utilisation of the water available in the Tungabhadra Dam nor shall anything contained in Clause IX (E) be construed as enlarging the total allocation to the State of Karnataka or as enlarging the limit of acquisition of any right by the State of Andhra Pradesh in the waters of the river Krishna. |
| 4) | The States of Karnataka and Andhra Pradesh may by agreement, without reference to the State of Maharashtra, alter or modify any of the provisions for the utilisation of the water available in the Tungabhadra Dam mentioned above in any manner. |
| Clause XVI | |
| In this Order, | |
| a) | Use of the water of the river Krishna by any person or entity of any nature whatsoever within the territories of a State shall be reckoned as used by that State. |
| b) | The expression “water year” shall mean the year on 1st June and ending on 31st May. |
| c) | The expression “Krishna River” includes the main stream of the Krishna River, all its tributaries and all other streams contributing water directly or indirectly to the Krishna River. |
| d) | The expressions “TMC” means thousand million cubic feet of water. |