Pennaiyar River Water Dispute

Context:

The Supreme Court of India has instructed the Union government to submit a report prepared by a committee mediating the water-sharing dispute between Tamil Nadu and Karnataka regarding the Pennaiyar River. The report is expected to address ongoing tensions over the utilization of the river's water, with a deadline of two weeks for submission.

Background of the Dispute:

• Tamil Nadu's Argument: Tamil Nadu has asserted that Karnataka has no right to use the waters of the Pennaiyar River in a manner that harms Tamil Nadu’s interests. Tamil Nadu insists that the river's water, as an Inter-State River, is a national asset and cannot be claimed exclusively by any one state.
• Karnataka’s Actions: Tamil Nadu opposed Karnataka’s construction of check dams and diversion structures on the Pennaiyar River, arguing that such actions negatively affect the flow of water into Tamil Nadu.
• The 1892 Agreement: Tamil Nadu has cited the 1892 agreement as valid and binding, asserting that it covers the main river and its tributaries. This agreement outlines how the water of the Pennaiyar River and its associated streams should be shared between the two states.
• Markandeya River: Tamil Nadu has also contested that the Markandeya River, a major tributary of the Pennaiyar, is part of the 1892 agreement, covering the water-sharing rights of both states for this tributary.

Key Developments:

• The Supreme Court has ordered that the Union government submit the findings of the committee negotiating the dispute between Tamil Nadu and Karnataka within two weeks.
• Tamil Nadu's Concerns: Tamil Nadu has been seeking the court’s intervention since 2018 to stop Karnataka’s construction projects on the river, asserting that they threaten the water supply to its residents.

About Pennaiyar River:

• Other Names: Also known as Dakshina Pinakini (Kannada), Thenpennai, and Ponnaiyar (Tamil).
• Origin: The river originates from the Eastern slope of the Nandidurg Mountain in Karnataka.
• Course: It flows through Karnataka and enters Tamil Nadu, ultimately draining into the Bay of Bengal.
• Basin Distribution: About 77% of the river’s drainage basin lies in Tamil Nadu.
• Length: The Pennaiyar River is 497 km long, making it the second-longest river in Tamil Nadu after the Kaveri River.
• Tributaries: Some of its main tributaries include the Markandeyanadhi, Kambainallur, and Pambar rivers.
• Important Cities: Major cities along the river include Bangalore, Hosur, Tiruvannamalai, and Cuddalore.

Inter-State River Water Dispute (IRWD):

• The Inter-State Water Disputes Act (IRWD Act) was enacted under Article 262 of the Indian Constitution to resolve disputes between states over the use and distribution of water from interstate rivers or river valleys.
• Key Provisions:
• The Union government plays a central role in resolving water disputes under this Act.
• A tribunal must be set up within one year of a dispute request, with a ruling typically delivered within three years, extendable to five years in exceptional cases.
• Finality of the Award: The tribunal’s decision is binding, akin to a Supreme Court decree, but clarifications can be sought within three months if not implemented.
• States can still appeal to the Supreme Court under Article 136, and private individuals can seek relief under Article 21 for violations of rights.
• 2002 Amendment: The amendment to the IRWD Act in 2002 sped up the process by mandating a time-bound resolution.