While the Odisha Government has filed a complaint with Government of India to set up an Inter-State Tribunal to resolve its Mahanadi water dispute with the Government of Chhattisgarh, the latter has moved to the Union Ministry of Water Resources (MoWR) to set up a Joint Control Board to discuss and resolve any issues between the States.
Chhattisgarh Water Resources Secretary Ganesh Shankar Mishra has written to the Union MoWR Secretary to constitute a Joint Control Board (JCB) instead of an Inter-State Tribunal to resolve the dispute between Chhattisgarh and Odisha.
The Chhattisgarh Government has pointed out that a Memorandum of Agreement (MoA) was signed on 28 April, 1983 by the then Chief Ministers of undivided Madhya Pradesh and Odisha and both agreed to establish a JCB to review the progress from time to time of survey, investigation, planning, execution and preparation of joint inter-State irrigation and power projects to resolve any issues.
Sources in the Odisha Department of Water Resources said that though the Odisha Government asked the Government of Chhattisgarh to immediately stop construction and operation of ongoing barrages, so also future projects planned on river Mahanadi, the latter did not respond.
In fact, while the Odisha Government has tried to settle the matter through negotiations, its Chhattisgarh counterpart Government did not cooperated with Odisha in a bonafide manner. So, it approached the MoWR to constitute a tribunal and refer the matter to the tribunal under Section 5 (1) of the Inter-State River Water Disputes Act, 1956.
Odisha’s complaint was filed on November 19, 2016 by Water Resources Principal Secretary Pradeep Jena with MoWR Secretary Sashi Sekhar. later, Chief Secretary AP Padhi wrote a letter to his Chhattisgarh counterpart Vivek Dhand in this regard.
Padhi in his letter pointed out that the Chhattisgarh Government has planned for utilisation of 27.48 million acre feet (MAF) water from the Mahanadi which is far in excess of the equitable share of Chhattisgarh in the Mahanadi waters which is only 8.3 MAF.
Padhi reminded that Chhattisgarh’s share in the waters is not more than 8.3 MAF in the minimum flow of 20.61 MAF as assessed way back in 1945 and 2.5 MAF in the surplus flow as total surplus flow annually is 6.17 MAF.
So, the excess utilisation of 16.65 MAF of water under existing, ongoing and future expansion of the projects has affected Odisha. And in future, it is likely to affect the equitable water share of Odisha, pointed out Padhi.
An equitable water share of Odisha is 15.95 MAF and a breakup is 12.28 MAF in minimum flow and 3.67 MAF in the surplus flow. As Chhattisgarh planned six barrages unilaterally for utilisation of 0.84 MAF of water and which are under construction cannot be sustained in law or in equity, said Padhi.
Finally, Odisha went to the Supreme Court on December 2 seeking an injunction against Chhattisgarh’s “unilateral” constructions on the Mahanadi.