CAUVERY WATER MANAGEMENT SCHEME, 2018

PREAMBLE

Whereas the Central Government, in exercise of the powers conferred by section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) (hereinafter referred to as 'the Act') had constituted the Cauvery Water Disputes Tribunal (hereinafter referred to as 'the Tribunal') vide notification number S.O. 437(E), dated the 2nd June, 1990 to adjudicate upon the water dispute regarding the Inter-State river Cauvery and the river valley thereof among the States of Karnataka, Kerala, Tamil Nadu and Union territory of Puducherry;

And whereas the Tribunal investigated the matters referred to it and forwarded to the Central Government a report under sub-section (2) of section 5 of the Act on the 5th February, 2007 and the party States filed special leave petitions in the Hon'ble Supreme Court against the said report; And whereas the Hon'ble Supreme Court converted the said special leave petitions into Civil Appeals and on the directions of the Hon'ble Supreme Court, the Government of India notified the said report vide S.O. 404(E), dated the 19th February, 2013;

And whereas the Hon'ble Supreme Court pronounced its judgment and final order in Civil Appeals 2453 of 2007, 2454 of 2007 and 2456 of 2007 on the 16th February, 2018 and directed the Central Government to frame a scheme under section 6A of the Act to implement the Tribunal Award as modified by the Hon'ble Supreme Court vide Order dated the 16th February, 2018;

Now, therefore, in exercise of the powers conferred by section 6A of the said Act, the Central Government hereby frames the scheme, inter alia, constituting the Cauvery Water Management Authority (hereinafter referred to as the "Authority") and the Cauvery Water Regulation Committee (hereinafter referred to as 'the Committee') to give effect to the decision of the Cauvery Water Disputes Tribunal as modified by the Hon'ble Supreme Court vide its Order, dated the 16th February, 2018, namely:-

Scheme - 1. Short title and commencement.-

(1)     This Scheme may be called the Cauvery Water Management Scheme, 2018.

(2)     It shall come into force on the date of its publication in the Official Gazette.

I. Establishment of Cauvery Water Management Authority

Scheme - 2. Constitution of the Authority.-

There shall be an Authority called as Cauvery Water Management Authority.

Scheme - 3.

(1)     The Authority shall be a body corporate having perpetual succession and a common seal and shall sue and be sued.

(2)     The Authority shall consist of the following members, namely: -

(a)      Chairman - To be appointed by the Central Government, who shall have tenure of five years or till sixty-five years of age, whichever is earlier, amongst the serving officers, namely: -

(i)       who is a senior and eminent engineer with wide experience in water resource management; handling of inter-State water sharing issues; construction, operation and maintenance of irrigation projects; or

(ii)      an All India Service Officer, in the rank of Secretary or Additional Secretary to the Government of India with experience in water resources and inter-State water sharing issues;

(b)      Two whole-time Members - To be appointed by the Central Government for a term of three years which may be extendable upto five years, as mentioned below:

(i)       One Member (Water Resources) - an engineer not below the rank of Chief Engineer from the Central Water Engineering Services (CWES) cadre;

(ii)      One Member (Agriculture) - not below the rank of a Commissioner from the Ministry of Agriculture and Farmers' Welfare;

(c)      Two Part-Time Members - Representatives of the Central Government of the rank of Joint Secretary to be nominated by the Ministry of Water Resources, River Development and Ganga Rejuvenation and Ministry of Agriculture and Farmers' Welfare respectively;

(d)      Four Part-Time Members from party States - Administrative Secretaries in charge of Water Resource Departments of each State Government of Kerala, Karnataka, Tamil Nadu and Union territory of Puducherry who shall be nominated by the State Governments and Union territory administration respectively.

Scheme - 4. Secretary of the Authority.-

The Authority shall have a Secretary who shall be an engineer to be appointed by the Central Government for a term of three years which may be extendable upto five years and not below the rank of Chief Engineer from the Central Water Engineering Services cadre and he shall not have any voting rights.

Scheme - 5. Quorum and voting.-

(1)     Six Members shall form a quorum and the concurrence of the majority shall be necessary for transaction of the business of the Authority except such business as the Authority may from time to time prescribe as routine. The Members shall have equal powers.

Scheme - 6. Disposal of Business by the Authority.-

(a)      On the following matters, the Authority shall record its decision by a resolution at a meeting in which the Chairman and all the part-time Members from the party States are present:-

(i)       framing of Rules of Business;

(ii)      delegation of functions to a Member or Secretary or any official of the Authority;

 

(iii)     categorizing any part of the business of the Authority as of a formal or routine nature;

 

(iv)    any other matter which may be considered necessary by any of the part-time Members from party States that it shall be decided at a meeting of the Authority.

(b)      Chairman of the Authority can invite representatives from Central Water Commission, National Institute of Hydrology, Indian Agricultural Research Institute (IARI) and any other agency including Universities as special invitees to attend the Authority meetings or otherwise, in carrying out the functions specified under this scheme.

(c)      Subject to the foregoing provisions, the Authority shall frame its own rules for the conduct of its business.

Scheme - 7. Indemnity of Members.-

No Member, officer or employee of the Authority shall be liable for loss, injury or damages resulting from:

(a)      action taken by such Member, officer or employee in good faith and without malice under the apparent authority of the orders, even though such action is later determined to be unauthorised, or

(b)      the negligent or wrongful act of omission of any other person employed by the Authority and serving under such Member, officer or employee unless such Member, officer, or employee failed to exercise due care in the appointment of such other person or the supervision of his work.

Scheme - 8. Officers and servants of the Authority.-

(1)     The Authority may from time to time appoint or employ such and so many officers and employees as it thinks fit and remove or dismiss them, under the rules and regulations applicable to the appointment, removal and dismissal of the Central Government officers and employees. All such officers and employees shall be subject to the sole control of the Authority. The Authority may, with the previous approval of the Central Government, make regulations to regulate conditions of service of all such officers and employees in respect of the residential accommodation, house rent allowance, travelling allowance, daily allowance, conveyance allowance and medical reimbursement. The scales of pay and the other service conditions shall be as applicable to the Central Government employees.

(2)     The persons who are employed in the services of the said States and the Union territory of Puducherry may be appointed or employed by the Authority in such proportions as the Authority may deem fit. The Authority shall make arrangement with the State Government or the Union territory, as the case may be, to spare the services of the persons employed in the State Government or the Union territory for whole-time employment with the Authority, or for the performance of any work or services for the Authority. The Authority may also appoint any personnel by direct recruitment or obtain the same from the Centre or other sources, as considered necessary.

Scheme - 9. Administrative and field organisation costs.-

(1)     All expenses of the Authority (including salary and other expenses of the Chairman, whole-time Members and Secretary) shall be borne by the concerned State Governments and the Union territory of Puducherry in the ratio of Kerala-15%; Karnataka-40%, Tamil Nadu-40%; and Union territory of Puducherry-5%. The expenses pertaining to Member representing a State or Union territory shall be borne by the State or Union territory concerned.

(2)     The cost of maintaining, operation and controlling of gauging and other hydrological systems for communicating data shall be borne by the State or Union territory concerned.

(3)     The cost of construction and maintenance of the storages, power installations, diversion works, head-works and canal networks shall be borne wholly by the State Government or Union territory in whose territory the works are located.

Scheme - 10. Powers, functions and duties of the Authority.-

(1)     The Authority shall exercise such power and shall discharge such duty to do any or all things necessary, sufficient and expedient for securing compliance and implementation of the Award of the Tribunal as modified by the Hon'ble Supreme Court vide Order dated the 16th February, 2018 including:

(i)       storage, apportionment, regulation and control of Cauvery waters;

(ii)      supervision of operation of reservoirs and with regulation of water releases therefrom with the assistance of Regulation Committee;

(iii)     regulated release by Karnataka, at the inter-State contact point presently identified as Billigundulu gauge and discharge station, located on the common border of Karnataka and Tamil Nadu.

(2)     The Authority may constitute one or more sub-committees and assign to them such of its functions and delegate such of its powers as it thinks fit.

(3)     In particular and without prejudice to the generality of the foregoing functions, the Authority shall perform inter alia, the following functions, namely:

(i)       The Authority at the beginning of the water year, i.e. first June each year would determine the total residual storage in the specified reservoirs. As, it is not possible to know the amount of season-wise river flows which will be available during a season, it will be assumed that the inflows will be according to 50% dependable year (yield 740 TMC). The share of each State will be determined on the basis of the flows so assumed together with the available carry-over storage in the reservoirs. The withdrawals will be allowed during the first time interval of ten days of the season on the basis of the share worked out for each party State, limited to the water requirements during the same period indicated by each party State by placing an indent of water demand with Cauvery Water Regulation Committee.

 

(ii)      The Authority will take stock of the actual yield in the basin at the end of the previous time interval as well as the utilization or releases and storage built up during the interval and assess the trend of inflows and authorize withdrawals to the States for the subsequent time interval accordingly. For giving effect to the aforesaid provision, the Authority may have to repeat this exercise for two or more time intervals.

 

(iii)     The Authority shall ensure the implementation of the Award of the Tribunal as modified by the Hon'ble Supreme Court vide Order dated 16th February, 2018 including the carry-over storage during good year and the water releases for environmental purposes. The Authority, through the Regulation Committee and with the help of Central Water Commission, and other Central or State organizations as necessary will identify situations of distress in the river basin. Distress caused by diminution of water flows during the period will be shared by the party States after the distress conditions and their extent is determined by the Authority, keeping in view water shares allotted to parties.

 

(iv)    The following important reservoirs in the river basin, namely, Banasurasagar in Kerala; Hemavathy, Harangi, Kabini and Krishnarajasagara in Karnataka; and Lower Bhavani, Amaravathy and Mettur in Tamil Nadu shall be operated in an integrated manner by the concerned State under the overall guidance of the Authority for each ten days period throughout the year to meet the seasonal water requirements of the party States for irrigation, hydro-power generation, domestic and industrial uses, etc. The remaining quantities of the surplus water shall be conserved as far as possible and spillage of water shall be reduced to the minimum.

 

(v)      The Authority shall maintain an account of cropping pattern, area cropped and area irrigated for each party State. The Authority shall also maintain an account of domestic and industrial water usage by each party State.

 

(vi)    The Authority shall set up a well-designed communication network in the Cauvery basin for transmission of data and a computer based control room for data processing to determine the hydrological conditions including distress, if any. For this purpose, it may utilize the latest technology. For operational purposes, this work may be entrusted by the Authority to Central Water Commission or any other Central or State Government organization.

 

(vii)   On the beginning of irrigation season which is 1st June of every year, all the party States through their representatives in the Authority shall submit an indent for the supplies required by them at each reservoir site (capacity 3 TMC and above) for the month of June broken in ten daily intervals. The Authority will examine reasonableness of the indents keeping in view the cropping pattern and extent of area to be irrigated and order releases keeping in view the overall ceiling prescribed by the Tribunal and modified by the Hon'ble Supreme Court vide Order dated 16th February, 2018 for the month after determining the available carry-over storage and taking into consideration the likely inflows during the month. The Regulation Committee shall release water on ten daily bases as ordered by the Authority.

 

(viii)  In case of deficiency in the water availability during any month as reported by the Regulation Committee, the Authority will consider reduction in the indent of the parties in proportion to the quantities allocated to each State by the Tribunal as modified by the Hon'ble Supreme Court vide Order dated 16th February, 2018 for the designated crops.

 

(ix)    The Regulation Committee shall keep a watch on the actual performance of the monsoon during each ten daily interval and report position to the Authority indicating therein the extent of variation from the normal. The Authority on receipt of such information will consider any change in the release ordered by them earlier. Similar exercise will continue as the monsoon progresses during the succeeding months till the end of the water year which is 31st May of every year.

 

(x)      The Authority shall ensure that the respective State Governments should construct proper hydraulic structures at all important anicut sites in the river basin with a provision of appropriate regulation mechanism. Besides, regular monitoring of the withdrawals at such diversion structures on the part of the State would be necessary.

 

(xi)    The Authority may direct party States to furnish data in respect of carry-over storage in reservoirs, including inflows and outflows, rainfall data, the area irrigated and water utilized.

 

(xii)   The Authority shall arrange collection of data for important rain gauge stations maintained by Indian Metrological Department or Central Water Commission or States in the Cauvery basin, as also inflow data measured at important nodal points on the Cauvery river system through the Cauvery Regulation Committee which will suitably compile the rainfall data for different monsoon seasons along with the inflows measured at different sites.

 

(xiii)  The Authority or any Member or any representative thereof shall have power to enter upon any land or property upon which any hydraulic structure or any work of gauging or measuring device has been or is being constructed, operated or maintained by any agency in the Cauvery basin.

 

(xiv)  The Authority shall have power to hold and dispose of property, enter into contracts, sue and be sued and do all such acts as may be necessary for the proper exercise and discharge of its jurisdiction, powers and functions.

 

(xv)   The Authority may construct or make direction to construct additional gauging stations to the States concerned with the assistance of Central Government and Central Water Commission for implementing the decision of the Tribunal.

 

(xvi)  If the Authority finds that any Government of the party States, namely Tamil Nadu, Kerala, Karnataka and Union territory of Puducherry do not co-operate in implementing the decision or direction of the Tribunal, it can seek the help of the Central Government for implementation of the Award of the Tribunal as modified by the Hon'ble Supreme Court vide Order of 16th February, 2018.

 

(xvii) If any delay or shortfall is caused in release of water on account of default of any party State, the Authority shall take appropriate action to make good the deficiency by subsequently deducting indented releases of that party State.

 

(xviii)   The Authority shall advise the party States to take suitable measures to improve water use efficiency, by way of promoting micro-irrigation (drip and sprinkler), change in cropping pattern, improved agronomic practices, system deficiency correction, command area development, etc.

 

(xix)  The Authority shall advise the party States to adopt efficient technologies for water conservation and preservation.

 

(xx)   The Authority shall comply with the directions of the Central Government issued from time to time with respect to composition, establishment and administration of the Authority.

 

(xxi)  The Authority may delegate such of its power, as it thinks fit, to Cauvery Water Regulation Committee.

Scheme - 11. Annual Report of the Authority.-

The Authority shall prepare and transmit to each of the four party States as early as possible but not later than 30th September of each year, an Annual Report covering the activities of the Authority for the preceding year. The Authority shall make available to each party State on its request any information within its possession any time and always provide access to its records to the party States and their authorized representatives.

Scheme - 12. Records of the Authority and their location.-

(1)     The Authority shall keep a record of its meetings and proceedings, maintain regular accounts, and have a suitable office where documents, records, accounts and gauging data shall be kept open for inspection by the Central Government and Government of each of the party States and Union territory or their representatives at such time and under such regulations as the Authority may determine.

(2)     The Head Quarters of the Authority shall be at New Delhi.

Scheme - 13. Contracts and agreements.-

The Authority shall enter into such contracts and agreements as may be necessary and essential for the full and proper performance of the functions and duties conferred or imposed on it.

Scheme - 14. Financial provision.-

(i)       The Central Government shall initially contribute a sum of two crore rupees for the functioning of the Authority.

 

(ii)      All the capital and revenue expenditure required to be incurred by the Authority shall be borne by the State Governments of Kerala, Karnataka, Tamil Nadu and Union territory of Puducherry in the ratio of 15:40:40:5 respectively.

 

(iii)     On the constitution of the Authority, the State Governments of Kerala, Karnataka, Tamil Nadu and Union territory of Puducherry shall contribute two crore rupees in the ratio indicated in (ii) above towards the fund of the Authority in the first instance, and later on make advance payments on a quarterly basis as demanded by the Authority keeping in view the annual budget of the Authority.

 

(iv)    The Authority shall maintain detailed and accurate accounts of all receipts and disbursements and shall after the closing of each financial year, prepare an annual Statement of Accounts and send copies thereof to the Accountant General and concerned basin States.

 

(v)      The accounts maintained by the Authority shall be audited by the Comptroller and Auditor General of India or his nominee, who shall certify, subject to such observation as he may wish to make on the annual accounts of the Authority. The Authority shall forward the copies of the Report of the Comptroller and Auditor General of India to the Accountant General, the Central Government and the concerned basin States and shall include the same in its annual report.

 

(vi)    To perform any other function which is supplemental, incidental or

consequential to all or any of the functions specified in sub-paragraphs (i) to (v) above.

Scheme - 15. Decisions of the Authority.-

The decisions of the Authority on all matters for the purposes of implementing the Award of the Tribunal as modified by the Hon'ble Supreme Court vide Order dated the 16th February, 2018 including but not limited to the matters covered under paragraph 10, shall be final and binding on all the party States.

Scheme - 16. Constructions outside jurisdiction of the Authority.-

Save and except to the extent otherwise provided in the Award of the Tribunal as modified by the Order of the Hon'ble Supreme Court, the planning, construction and maintenance of the projects will be carried out by each State or Union territory administration through its own agencies.

II. Cauvery Water Regulation Committee

Scheme - 17. Composition of the Cauvery Water Regulation Committee.-

(1)     There shall be a Cauvery Water

(2)     The Head Quarters of the Cauvery Water Regulation Committee shall be at Bengaluru.

Scheme - 18. Functions of the Cauvery Water Regulation Committee.-

The Committee shall ensure the implementation of the provisions contained in the final Award of the Tribunal as modified by the Hon'ble Supreme Court vide Order dated the 16th February, 2018 with the directions to the Authority, namely:-

(a)      to collect daily water levels, inflows and storage position at each of the following reservoirs - Hemavathy, Harangi, Krishnarajasagara, Kabini, Mettur, Bhavanisagar, Amaravathy and Banasurasagar;

 

(b)      to ensure ten daily releases of water on monthly basis from the reservoirs as directed by the Authority;

 

(c)      to collect data of water released from the aforesaid reservoirs on twelve hourly basis;

 

(d)      the Authority's representatives at each of the reservoirs shall monitor proper implementation of the regulation instruction issued by the Committee and in the event of any variation, the representative shall immediately inform the Member Secretary of the Committee for appropriate action;

 

(e)      to collect daily water flows passing through presently identified inter- State contact point Billigundulu gauge and discharge site and keep the Authority suitably informed;

 

(f)       to compile and reconcile monthly water account for each reservoir;

 

(g)      to collect and compile weekly information about important rain gauge stations of the India Meteorological Department in order to be able to broadly assess the position of monsoon and keep the Authority informed about the status of the monsoon;

 

(h)     the State representative, in-charge of the major projects will keep the Committee regularly informed about the occurrence of the rainfall in the commands and whether any change in the releases is required;

 

(i)       to prepare seasonal and annual report of the water account and submit the same to the Authority as indicated below:-

Scheme - 19. Meetings of the Committee.-

(1)     The Committee shall meet once in ten days during the months of June and October when the south-west and north-east monsoon set in and after the monsoon has set in, the meeting will be held at least once a fortnight but the Committee shall have the powers to convene meetings as often as necessary. In case of any exigency, a minimum of forty-eight hours notice shall be given for holding a meeting.

(2)     In case, the State which is likely to be affected is not represented in the meeting, then the possibility of calling another meeting will be considered by the Committee:

Provided that if the situation is such that it warrants to take immediate decision, then the Committee may decide the issue by majority vote even in the absence of representative from the affected State.

(3)     The quorum for meeting of the Committee shall be at least six.

(4)     All the Members including the Chairman and Member Secretary of the Committee shall have voting right and the Chairman shall also have a casting vote.