Panaji (Goa)
The Neutral View brings to you, in detail, the prayers of Goa before Mahadeyi Water Dispute Tribunal.
1. The first prayer sought by State of Goa before the Hon’ble Tribunal is in the nature of a declaration from this Hon’ble Tribunal that the State of Karnataka and the State of Maharashtra does not have any right, authority or power to divert the waters of River Mahadayi outside the River Basin, without the concurrence of State of Goa. This relief is sought by the State of Goa the various grounds pleaded in the Statement of Case (as amended Vol. 131) including on the grounds of the Mahadayi River basin being a deficit water basin, environmental issues, issues pertaining to mismanagement of water by State of Karnataka and Maharashtra. The same have been effectively pleaded by the State of Goa and have been established by leading detailed evidence in this regard. The State of Karnataka and Maharashtra have opposed this relief sought by the State of Goa on frivolous grounds which have been effectively proved by State of Goa to be false and frivolous. As more particularly stated herein below, the State of Goa has completely established their case for grant of this declaration by this Hon’ble Tribunal.
2. The second prayer sought by State of Goa before this Hon’ble Tribunal is a direction to the State of Karnataka and Maharashtra, by way of a permanent injunction, to forthwith stop implementation / construction of all or any Projects in the Mahadayi basin / upon Mahadayi River / or any of its tributaries including but not restricted to the Kalasa, Haltar Project, Bhandura Project and any other Projects involving trans basin diversion of waters i.e. transfer of waters outside the Mahadayi River basin. The State of Goa has pleaded before this Hon’ble Tribunal and established by leading evidence that any trans basin diversion of the waters of Mahadayi River will result in severe degradation of the environment as also will widely affect the water availability in the State of Goa as the Mahadayi basin is a deficit basin and Mahadayi River which is effectively a monsoon fed River. It is also pleaded on behalf of State of Goa that in the event of any such diversion the drinking water Projects of the State of Goa will be severely hampered resulting in depletion of the water available for drinking in the State of Goa as also it will lead to widespread destruction of the agricultural land due to the salinity ingress. In light of these circumstances, which have been elaborated herein below the State of Goa has effectively proved their case for grant of the permanent injunction.
3. The third prayer sought by State of Goa before this Hon’ble Tribunal is directing State of Karnataka and Maharashtra to demolish all the works undertaken including canals and dams built to divert water of River Mahadayi. It is the case of State of Goa that without demolition of the canals and dams built or under construction, the Monsoon flows will be reduced thereby resulting in scarcity of water downstream with devastating consequences. Therefore, it is of utmost importance that the works undertaken are forthwith demolished.
4. The fourth prayer sought by State of Goa before this Hon’ble Tribunal is by way of mandatory injunction directing the State of Karnataka and State of Maharashtra to freeze their upstream use at the declared levels and give an undertaking not to permit any intervention that amounts to upstream use of waters of River Mahadayi. This is a corollary prayer is sought in order to ensure there is no trans basin diversion of water.
5. The fifth prayer sought by State of Goa before this Hon’ble Tribunal is to determine the true and correct principles applicable for equitable use of waters from the Mahadayi River basin and issue appropriate directions in that regard. The State of Goa has effectively pleaded and established before this Hon’ble Tribunal that Mahadayi River Basin is a deficient basin based on the yield studies and projection of requirement which have been established through the Expert Witness. Accordingly, the State of Goa seeks a direction from this Hon’ble Tribunal allotting equitably the waters of the River Mahadayi between the States of Goa, Karnataka and Maharashtra, for use within the Mahadayi basin.
6. The sixth prayer sought by State of Goa before this Hon’ble Tribunal is to determine the share of all the riparian states on the remainder waters of Mahadayi River, if any available, after assessing and deducting the requirement for ecological sustenance from the available water of Mahadayi River. The water requirement for ecological sustenance of the river valley should be determined giving due consideration to the scientifically predicted global warming, sea level increase, increase salinity ingress in coastal areas, as well as other environmental factors influencing the entire area dependent on the waters of River Mahadayi. In this regard, the State of Goa has effectively established the requirement of environmental flows, water needed for sustenance of the ecology. Therefore, it is imperative that this Hon’ble Tribunal determines the requirement of water for environmental flow as well as sustenance of ecology and only thereafter determine the share of the riparian states.
7. The seventh prayer sought by State of Goa before this Hon’ble Tribunal is to direct the State of Maharashtra and Karnataka to declare their present upstream use including use by rain water harvesting in the area dependent on the waters of River Mahadayi and deduct the same from the share of the water allocated to State of Maharashtra and Karnataka. It is pertinent to note herein that the State of Karnataka and Maharashtra are presently using the waters of River Mahadayi without the same being adjudicated and allotted by this Hon’ble Tribunal. Therefore, it is important that the present usage be deducted from the waters allocated in order to ensure that all the riparian States have effective share of their allocated waters.
