"The Vamsadhara Water Disputes Tribunal verdict is a boon for the backward areas of Srikakulam District," said the Tribunal, in its 28-page award.
"The Vamsadhara Water Disputes Tribunal verdict is a boon for the backward areas of Srikakulam District," said the Tribunal, in its 28-page award.
"The need of the hour is optimising the utilisation of available water, for which proper planning has to be done, which would involve the participation and coordination of all the stake-holders. Water availability, and its demand and proper panning of its utilisation, are of utmost importance in the present-day environment, for our livelihood, and also in order to sustain, maintain and promote sustainable development," it said.
The Tribunal said, "We are concerned with a dispute arising out of the use of water of a river called Vamsadhara River flowing through two states, namely Orissa and Andhra Pradesh. This river is an important East-flowing river originating just South-West of Lanjigarh Village, Kalahandi District, Orissa, at an elevation of about 1,300 meters above sea level. The river flows for a total length of about 265 kms, out of which 154 kms of length lies in Orissa, whereas the remaining 82 kms lies in Andhra Pradesh, before it falls into the sea. This also indicates that approximately 29 kms length of the river forms the common boundary between Orissa and Andhra Pradesh as it runs through both the states."
The following were the observations:
- The Vamsadhara River basin has a catchment area of 10,830 sq.kms of which 8,960 sq.kms (82.7%) lies in Orissa, and the remaining 1,870 sq.kms (17.3%) lies in Andhra Pradesh.
- The Vamsadhara River is a rain-fed river, and the river basin experiences rainfall mainly from the South-West monsoon, which contributes about 74% of average annual rainfall of 1,067mm. The monsoon is active from the month of June to November for the purpose of hydrological study.
- Andhra Pradesh and Orissa are co-riparian States of Vamsadhara Basin. Orissa is the upper riparian while Andhra Pradesh is the lower riparian. The people inhabiting the areas near the river in both the states are totally dependant on the water of this river for drinking, agriculture and livelihood. After independence, steps were taken for the development of the Vamsadhara river basin. As a part of the development, Andhra Pradesh, somewhere in 1950, proposed the construction of Gotta Reservoir and Neradi Barrage across river Vamsadhara. In terms thereof, Gotta Reservoir stood constructed, consequent upon which some area of irrigated land was submerged. The construction of the aforesaid Gotta Barrage was completed some time in the year 1982.
- The 'Neradi barrage' is proposed to be constructed 48 kms upstream of Gotta Barrage. Since the said project, when constructed, would amount to submerging of a large area of land both of Andhra Pradesh and Orissa, mutual consultation between the two governments of Andhra Pradesh and Orissa were required. Consequent upon such mutual discussion, the governments of Orissa and Andhra pradesh agreed, on 30.9.1962, to share the waters of Vamsadhara river and its valley.
- The discussion found that the yield of Vamsadhara Basin is just sufficient to meet the requirements of both the states. The water of Vamsadhara Basin may consequently be utilised by both Andhra Pradesh and Orissa on a 50:50 basis. It is agreed that the projects in Andhra Pradesh can be taken up immediately on this basis.
- In view of the aforesaid agreement arrived at between the two states, it is an agreed position that the water of Vamsadhara river could and would be utlised by the two states on a 50:50 basis and ratio. Therefore, there is no dispute between the two states with regard to the water sharing of this river, nor is the same raised before the Tribunal. The only dispute that stands out is regarding construction of the Neradi Barrage, which, although at one stage was mutually agreed upon, is now being opposed by the state of Orissa on various grounds.
- In view of such a position, and there being some objection on the part of the state of Orissa regarding construction of the Neradi Barrage, the state of Andhra Pradesh has proposed construction of a side weir on its side of the river as a temporary measure to utilise effectively some of the water of the river before it falls into the sea. This side weir would have a pond near the gate, and also an escape channel for sending the excess river water back to the river, after which it shall be connected by a link canal of about 2-1/2 kms.
- There is no dispute with regard to the fact that on an average, at least 81.91 TMC of the river water is going to the sea yearly. Instead of wasting that much of water which goes to the sea, if the state of Andhra Pradesh desires to utilize only 8 TMC of water by the same through the side weir, and that too only for a short period of about 60 days in a year, and in the monsoon, the same would not, in any manner, adversely affect the interest of the state of Orissa, for the total quantity of water being so used by taking it through the side weir will only be about 8 TMC.
- From the data made available by the Central government to both the state governments, it is clearly established that there would still be ample water in the river to meet the present and future requirements of both the states. The proposed construction of the side channel weir consists of stilling basin, silt excluder and escape channel, which would definitely ensure lesser silt in the flood flow canal. The hydraulic behaviour of the side channel weir is very complex and difficult to predict.
- Andhra Pradesh submitted that as and when permission is granted for construction of Neradi barrage and after such construction is completed, the proposed side weir, even if constructed, would get submerged under water. Besides, as per the agreements of both the states, which are also being acted upon, the water of Vamsadhara has to be utilised by the two co-riparian states namely - Andhra Pradesh and Orissa - on a 50:50 ratio and basis. 8 TMC of water proposed to be diverted through the side weir forms and constitutes a part of the 50% share of Andhra Pradesh, and therefore, there can be no objection from the state of Orissa on that score either.
"Considering the facts and circumstances of the case, therefore, the government of Andhra Pradesh is allowed to construct the side channel weir along with the ancillary works as proposed, but with certain conditions," the Tribunal said. (INN)