Centre Clarifies Legal Terms for Mekedatu Hydro Project in Cauvery Basin

Legal Interpretation and State Sovereignty

In a significant clarification regarding the long-standing Cauvery water dispute, the Union Ministry of Jal Shakti stated that the Supreme Court's February 16, 2018, judgment does not contain a requirement for Karnataka to seek approval from downstream states before building river structures. This formal position emerged during a Rajya Sabha session on Monday, responding to questions posed by PMK member Anbumani Ramdoss.

Minister of State for Jal Shakti Raj Bhushan Choudhary anchored the government’s stance in the Supreme Court’s affirmation of Clause XVIII from the 2007 Cauvery Water Dispute Tribunal (CWDT) Award. The Minister highlighted that the court order protects the authority of any state to regulate water use within its own borders, provided the actions remain consistent with the tribunal's broader mandates. Consequently, the legal framework does not explicitly grant Tamil Nadu, Kerala, or Puducherry veto power over Karnataka's infrastructure initiatives on the river.

The Mekedatu Proposal and Current Stalled Status

While the legal interpretation favors Karnataka's autonomy, the specific Mekedatu Balancing Reservoir-cum-Drinking Water Project remains in a state of administrative review. The Ministry confirmed that the Detailed Project Report (DPR) submitted by Karnataka in 2019 was returned to the project authorities. The Central Water Commission (CWC) has requested a revised submission that aligns strictly with both the CWDT Award and current technical guidelines.

Karnataka’s justification for the project rests on two primary operational arguments:

• Effective Regulation: The state claims a balancing reservoir at Mekedatu, located in Kanakapura taluk, would allow for more precise control over the 177.25 tmcft of water it is legally obligated to release to Tamil Nadu.
• Capture of Excess Flows: Authorities note that during high-rainfall years, water volumes reaching Tamil Nadu often double the mandated amounts. This occurs because Karnataka lacks impoundment facilities between the KRS reservoir and the Biligundlu gauging station.

By constructing the reservoir, Karnataka intends to secure drinking water for Bengaluru South while managing downstream flows more systematically, asserting that the project will not diminish the water volume promised to neighboring states.

Source: The Hindu — National