Arjita Singh gives a background to the Karnataka water crisis and explains how its roots lie in a mismanaged political problem that has existed for over 125 years.

Thirteen years ago, economist S. Janakarajan formed the Cauvery Family—a non-political initiative by farmers, engineers, hydrologists, and economists across Karnataka and Tamil Nadu (TN) in an attempt to find a ‘lasting solution’ to the 125 year old inter-state Cauvery water dispute.

In 2012, almost a decade later, they came close to a breakthrough. Five formulas were shortlisted of which one was nearly finalized to resolve the issue. Lack of government support stalled any progress and the Family was caught between the rigmarole and the red-tapism of Indian government.

After fresh agitations broke out in Bengaluru last week, experts are calling for a revival of the Cauvery Family on Social Media to carry on with discussions on an apolitical platform.

Let’s understand what this lengthy and complex issue is all about.

Water Rights, Wronged
Three water rights determine its allocation – Riparian (Harmon), Prior Appropriation (History), and Equality (Hobbes).  Land which is the source of water, in this case Karnataka, demands riparian rights over it.

Prior appropriation is a legal doctrine stating that whoever first puts the water to beneficial use, gains the rights over continuing to use the water for that purpose. TN started irrigating the Cauvery basin by building its first dam at Kallanai in 2nd century AD, while Karnataka’s Krishna Raj Sagar (KRS) dam came up in 1938.  Equality rights are based on negotiations with each side demanding an equitable share. So while Karnataka has riparian rights and TN has prior appropriation rights, both fight over equality rights.

However, most global water crises have been resolved based on negotiations as per ‘needs’ instead of ‘rights’.

Blistery History
This dispute began in 1892 between the Madras Presidency (British controlled) and Princely State of Mysore. Use of Cauvery water eventually came to be regulated by two agreements of 1892 and 1924 (which lapsed in 1974). After Independence and the re-organization of states in 1956, this issue enveloped four states – TN, Karnataka, Kerala and Puducherry.

In early 1970s, the Cauvery Fact Finding Committee (CFFC) was formed to study the ground realities. Based on its findings a final draft report was submitted in 1976 and accepted by the four disputing states.

Try Tribunal
However, as Karnataka began the Harangi dam construction in Kodagu, TN opposed, went to court and demanded setting up a tribunal under the Interstate River Water Disputes Act (ISWD). TN later withdrew its case, but the 1980s were lost in discussions and negotiations, all to no effect.

Therefore as per Supreme Court’s (SC) direction to the Centre the three-member Cauvery Water Dispute Tribunal (CWDT) was set up on 2 June, 1990. It was presented with water claims by the four states.

Soon thereafter, TN demanded the tribunal to issue a mandatory order to Karnataka for immediate release of water. As this plea was rejected by the tribunal, TN approached the SC to hear on this matter for the first time.

Blood, Thicker Than Water
Ruling in favour of TN, the SC directed the tribunal to reconsider its decision. On 25 June 1991, the CWDT issued an interim award – Karnataka had to release 205 tmcft of water for TN and stop any further increase of its irrigated land area. Karnataka resisted and issued an ordinance to nullify the interim award. SC struck down the ordinance and upheld the interim award, but Karnataka refused to oblige.  

What followed was the worst protest that Karnataka has ever seen – the anti-Tamil violence in Bengaluru that started on 12-13 December that year. 28 Tamils were killed and over a lakh of them were forced to flee the state. Schools remained shut during a month-long protests.

No Rocket Science
CWDT’s final verdict announced in 2007 was also met with opposition, this time from both TN and Karnataka. It wasn’t just for political reasons. The scientific community spells out how the award failed “the tests of science, efficiency and equity,” as it did not consider factors like groundwater availability, efficient water use, or new methods of irrigation.

Mathematics behind the water sharing, or more precisely the distress-sharing formula, indicates that Karnataka got an unfair deal. However, in the 17 years that had passed, the state failed to present a convincing case – a factuality often attributed to its shoddy politicians and legal team.

Leading Horses to Water
CFFC’s proposal in 1974 to set up a Cauvery River Authority (CRA) was finally considered in 1997. CRA was to consist of the Prime Minister (PM) and CMs of all four states. The government’s proposal that CRA be vested with far reaching powers to implement the interim order was opposed by Karnataka. CRA was thus set up with its powers greatly reduced.

In 2002 monsoons failed again. Jayalalitha walked out of the CRA meeting on 27 August and boycotted the one on 8 September. As SC ordered Karnataka to release water, it resisted yet again and demonstrations flared up – Tamil buses were not to enter and its films were not to be screened in Karnataka.

Protests subsided and Karnataka had to oblige to TN water demands. Meanwhile then Karnataka CM S.M. Krishna offered prayers and an unconditional apology, and ventured on a padyatra (peace walk) through the state’s drought-hit areas.

Ironically, TN farmers see Karnataka’s political class as ‘united – however legally flawed’, and blame their own government for not even having called for an all-party meeting. TN is criticized for a lack of political action, while Karnataka for a lack of political will.

Though TN makes good use of its power at the centre, Karnataka has ever since failed to have a state-centric policy. BJP’s last term in Karnataka saw three different CMs.

Mimicking the current Karnataka CM Siddaramaiah, local shop owner Mrs. Venkateshwara crosses her arms, protrudes her lips, and frowns – to indicate silence and inaction. “Next time I will not vote,” she says. A feeling of disapproval for both the Congress and BJP is unanimous across Karnataka.

It is believed that Siddaramaiah may have started off on a wrong foot with PM Modi by ignoring his previous invitations, and is thus now kept in waiting. Irresolution, blame-game, and finally using ‘public unrest’ as an excuse for seeking a modification of SC order are some reasons why some believe he may have actually stirred the unrest.

Jayalalitha and Siddaramaiah exchanged letters, and both wrote to PM Modi seeking his intervention in the issue. The PM appealed for peace but his role in this regard is questionable as the matter is before the SC. But wait, SC’s role in this matter is questionable too?

Reign Supreme?
As per Article 262 of the Indian Constitution, the SC has no power to interfere in inter-state water disputes handled by a tribunal. In this regard, questions were raised, ignored and silenced. Many blame the SC for prolonging the dispute.

On 11 September, 2016, M.D. Rajanna, a Mandya resident, filed a petition to this effect accusing nine people – Chief Justice of India (CJI) T.S. Thakur, two SC judges Justice Dipak Mishra and Justice Uday U. Lalit (accused 1, 2, 3 respectively), Chief Secretary (CS) and Chief Minister (CM) of TN Jayalalithaa (accused 4, 5), CS and CM of Karnataka Siddaramaiah (accused 6,7), and Principal Secretary of Central irrigation department and State Irrigation Minister Mr. M. B. Patil (accused 8, 9).

The petition accuses the CJI and two SC judges citing SC’s role in this matter as unconstitutional, and for passing an ‘illegal’ order directing Karnataka to release 15,000 cusecs water per day to TN for 10 days. It accuses the CMs and other ministers of ‘dishonest intention to cheat and defraud Karnataka people’ and for ‘failure to defend the case’.

Kannadigas are also uncomfortable with SC Justice Uday Lalit for hearing the Cauvery case as he had previously been Jayalalitha’s lawyer for many years. Incidentally, Justice Lalit has also been a lawyer for former Karnataka CM S. M. Krishna. CM Siddaramaiah has refused to plead for changing Justice Lalit.

The Curious Case of Fali Nariman
Kannadigas also feel cheated by SC lawyer Fali Nariman, Karnataka’s legal counsel on this case. They cite a ‘conflict of interest’ on his part as he too had counselled for Jayalalitha in 2014 in the disproportionate assets case and obtained her an anticipatory bail. But Rajya Sabha MP Rajeev Chandrasekhar dismisses this argument and blames the mess up on Karnataka state government, not its legal team, noting that the ‘client decides what it wants’.

It doesn’t go down well with the public that Karnataka has spent almost 150 crore on Nariman’s legal team so far. Another reason for discontent is Mr. Nariman’s age. CM Siddaramaiah had once criticized the 87 year old for being too old to fight the case, but later retracted.

But one does wonder, what then is the responsibility of Mr. Nariman who has been on this case for 32 years? And also if he is getting any younger?

Pour Oil on Troubled Water
On September 12, 2016, soon after the SC verdict was announced ordering Karnataka to release 12,000 cusecs of water to TN, protests in Bengaluru escalated. By late evening a curfew (Section 144 IPC) was imposed which was met with defiance as protesters took to vandalizing property the next day.

I spent most of September 14, 2016, outside the Rajagopal Nagar police station. The last lot of the 300 or so arrested protesters were being dispatched to Hosur jail. The Rapid Action Force (RAF) (108 battalion) personnel were squandering around and about with nothing to do. Most of them were sitting inside two buses. I was about to click two of them savouring guavas sitting under a tree, but they refused.

I entered the bus to get a photo, symbolic of peace and idleness, but quickly alighted. “It should look like we are on duty.” After a lengthy persuasion they instead offered to have some personnel get uncomfortable, off the bus, and pose for a picture. The situation had already been bought under control by another RAF battalion that had arrived before this one.

Locals were thankful to the RAF.

Blow Out Of Water
The police, on their part, had narrated tales and shown me evidence of the violence perpetuated against them. DCP (north) TR Suresh, who I was told had suffered stitches due to the clashes, was later transferred along with DCP (west) Ajay Hilori for mishandling the protests.

Prakash, an office executive, narrated his ordeal, “My brother-in-law (Ravi Kumar) was out on his bike to buy milk yesterday when the police arrested him.” What baffled Prakash more was the charge Ravi had been slapped with – Section 307 – an attempt to murder.

I was told, “Go to Hegganahalli, people here are scared to talk.”

The 3 km stretch was too clean to look like it had witnessed such protests only yesterday. Besides targeting only TN buses or cars, protesters thought it wise to break all CCTV cameras, unaware of its technology. Often held at ransom by the usual hooligans, shop owners were happy to submit the footage to the police. Even for the ones who wouldn’t talk, their facial expressions implied an evident disdain for the police. “Tell me, in which state of India is the police respected?” remarked an RAF officer.

Double Edged Media
Santosh, a 22 year old Tamil boy, mocked some Kannada film stars in an FB post. He was tracked and assaulted in Bengaluru. In response, a driver of Mangalorean origin was assaulted in TN. Some Kannadigas say it was this incident that led to the protests, comparing it to the peaceful bandh (curfew) of September 9. In both cases the assault was filmed and uploaded on Social Media. Thus the Bengaluru police issued a warning against such activities. An article points out how the local Kannad media (news channels) became agent provocateurs. However, the article’s claim that more damage was caused by WhatsApp and FB is contentious.

Being the people’s media, Social Media was indeed the medium largely responsible for maintaining calm. Meanwhile, it is the gate-keeping in TV news that makes it parochial, as has often been the case in some national Hindi and English news channels.

Where Rivers Are Holy
It’s fishy, when water becomes a scarcity on a planet that is 75% constituted of it. Many feel it’s due to climate change, but a Columbia University led research instead blames it on population growth. Waterborne diseases due to lack of safe drinking water, sanitation and hygiene are one of the leading causes of deaths worldwide.

KJ Joy, co-editor of Water Conflicts in India: A Million Revolts in the Making, believes that a directionless tribunal, hydro- politics and lack of real time hydrological data mapping are some major issues. India is one of the nations with most number of recorded water conflict cases. Nobel Peace Prize awardee Kailash Satyarthi recently urged the PM to declare the drought of India a national emergency. A solution to the water crisis is crucial for even a figment of Swachh Bharat to see the light of day.

Mafias and Mismanagement
Timber mafia and deforestation in Kodagu (water source for the KRS dam), has further reduced rainfall. An expose unveils how water supply for drought-hit areas is diverted and then offered at inflated prices by the water mafia tanker business in turn controlled by politicians. Another environmentalist explains how sand mining, among other abuses may lead to the Cauvery disappearing altogether, and with it our fights.

Though Chennai fares a little better, it faces the same accusations of water mismanagement leading to the December 2015 floods. Today, TN precedes Karnataka in prosperity, education, and even corruption.

TN was called a pioneer for starting Rain Water Harvesting (RWH) in 2001. What was called a rare success story also remained a short lived one, as highlighted by a 2015 report. Karnataka claims to have the world’s largest RWH project initiated in 2007 to cover over 23000 schools in its rural areas. In 2009 it was made mandatory for houses of certain sizes in Bengaluru to adopt RWH. Deadlines expired, were renewed, but till date the city residents have not undertaken the desired measures.

The National Green Tribunal revealed that the number of lakes in Bengaluru has decreased from 267 to 68 between 1960 and 2015. Another analysis explains how Bengaluru wastes 50% of its water supply. In this light, the incorrect ABP News ticker about Cauvery crisis being a fight between Karnataka and Bengaluru may not be that off mark.

Mapping Science

Two causes – physical or economic – are considered while mapping water scarcity across regions worldwide. Water scarcity due to economic reasons, i.e. lack of investment in technology and infrastructure, is more common worldwide, as also in India’s northern belt.  But physical scarcity, i.e. inadequate water resources, is what plagues India’s Southern belt.

And so it is that distress only comes up repeatedly in times of inadequate rainfall.

Economist Sanjivi Guhan had noted the difference between the Narmada and Godavari dispute from that of Cauvery when he said that the latter was due to over-development, and thereby even more so demanded a scientific solution.

Win Water Back 
Speaking of progress, we think health and education. The two are inextricably linked. And it starts with water. An in-depth article (with podcasts) lists out seven basic yet powerful solutions to solving the water crisis. Experts believe  choosing a different crop than the extremely water intensive paddy is one such solution. Though TN farmers say that their delta soil is not suitable for growing any other crop.

Desalinating plants, desilting dams, RWH, crop selection, wastewater treatment plants, efficient groundwater utilization, embracing technology, strong institutions, community cooperation, simple lifestyle choice – choices are galore for those who care and are willing. Innovative solutions such as the Get Water! mobile game are a powerful instrument for social change. The game educates about water scarcity in South Asia and India and its effect on girls’ education.

A final note for the protesters – don’t burn buses for biryani. Independent or misguided – it doesn’t matter if you are illiterate; it only matters that you think it a good idea to start a fire when and where water is running dry.

In the latest update, an SC-mandated panel yesterday ordered Karnataka to release 3,000 cusec water to TN from September 21 to 30. While TN is disappointed, Karnataka plans to challenge the order. Meanwhile, prohibitory orders (under Section 144 IPC) have been imposed in some parts of Karnataka.