River war has resurfaced between Tamil Nadu and Karnataka. This time it is Pennaiyar river. Recently Tamil Nadu has told the Supreme Court that Karnataka has no right to utilise the waters of the Pennaiyar river to the detriment of the people of Tamil Nadu. In response to Karnataka’s stand that it is free to construct any diversion structure or large dams across Markandeya river, Tamil Nadu has given following logic.
- The flowing water of an inter-State river is a national asset and no single State can claim exclusive ownership of its waters.
- The 1892 agreement is ‘valid and binding’ on the party States.
- Karnataka without furnishing the details of its new diversions or new schemes or projects, and obtaining the consent of the lower riparian State should not suo motu proceed to construct check dams/pump directly from the river or from the tanks draining into river, which would clearly amount to an infringement of the rights of the inhabitants of the Plaintiff State [Tamil Nadu].”
- A river even includes the stream, tributaries and other streams contributing water directly or indirectly into it.
- The major tributary, Markandeyanadhi, which has its catchment area both in Karnataka and Tamil Nadu, cannot be considered to be out of the purview of the Agreement, and hence any new construction obstructing the flow of Markandeya river is governed and controlled by 1892 Agreement
Though the river originates in Karnataka, it passes through Krishnagiri, Dharmapuri, Tiruvannamalai, Villupuram and Cuddalore districts in Tamil Nadu.
