AMARAVATI: The state government has strongly opposed Telangana’s demand for sharing the Krishna water on a 50:50 ratio.
The state government contended that Telangana’s demand for higher share was against the verdict of KWDT-I and II and previous agreements. The government argued that water allocations were neither negotiable nor nullifiable. At present, AP and Telangana are sharing water in 63:37 ratio, keeping in view the basin area.
In a letter to Pankaj Kumar, secretary of Jal Shakti ministry, AP water resources secretary J Syamala Rao explained the details of the water allocations made to different projects in both states.
“The decision of KWDT-I under Section 5(2) of the ISRWD Act, 1956 in 1973 and its further decision under Section 5(3) of the ISRWD Act, 1956 rendered in 1976, were already published in the official gazette on 31.05.1976, by the central government and the same became final in view of proviso to Sec.4 of the ISRWD Act, 1956, which reads as follows: ‘Provided that any dispute settled by a Tribunal before the commencement of the Inter-State Water Disputes (Amendment) Act, 2002 (14 of 2000) shall not be re-opened.”
Since, the decision of the KWDT-I was rendered prior to the amendment Act, 14 of 2002, it became final in view of the said proviso and it cannot be disturbed or reopened including the allocations made by it and the scheme for implementation of its decision,” said Syamala Rao.
He said that sub-Sec.2 of Sec.6 of the ISRWD Act, 1956 introduced by the Amendment Act 14 of 2002, which stated that ‘The decision of the Tribunal, after its publication in the Official Gazette by the Central Government under sub section (1) shall have the same force as on order or decree of the Supreme Court.
The state contended that Telangana’s demand for higher share was against the verdict of KWDT-I and II and previous agreements
‘1976 decision has same force as an SC order’
Thus, the decision of KWDT-I which was published on 31.05.1976 in the official gazette by the central government under sub-sec. 1 of Sec.6 of ISRWD Act 1950 attained the same force of an order or decree of the Supreme Court and the same cannot be reopened.
He said that in fact, KWDT-II has also opined that the allocations made at 75% dependability, by KWDT-I, cannot be disturbed in view of the above legal position. The state of Telangana is stopped to contend otherwise in its complaint under Sec.3 of the ISRWD Act, 1956 under the guise of alleged historical injustice.
The water resources secretary explained that KWDT-I while allocating 811 TMC out of 2130 TMC to the erstwhile state of Andhra Pradesh protected 749.16 TMC in pursuance of Interstate Agreement dated 7.5.1971 following the well acceptable equitable principle of prior appropriation.
