Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01042026-271489
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 1601]
NEW DELHI, WEDNESDAY, APRIL 1, 2026/ CHAITRA 11, 1948
MINISTRY OF JAL SHAKTI
(Department of Water Resources, River Development And Ganga Rejuvenation)
NOTIFICATION
New Delhi, the 30th March, 2026
S.O. 1666(E). - Whereas, the Vansadhara Water Disputes Tribunal (hereinafter called the said Tribunal) was
constituted on the 24th February, 2010 vide notification number S.O.465 (E), dated the 24th February, 2010 under section
4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956)(hereinafter called the said Act) for the adjudication of
the water disputes regarding Inter-State river Vansadhara, and river valley thereof;
And whereas the said Tribunal submitted its report and decision under sub-section (2) of section 5 of the said
Act on the 13th September, 2017;
And whereas the State of Odisha made further reference to the said Tribunal under the proviso to sub-section
(3) of section 5 of the said Act on the 11th December, 2017 and the Central Government made further reference to the
said Tribunal on the 12th December, 2017 seeking clarification/explanation in respect of the decision and findings
recorded in the Report of the Tribunal dated 13th September, 2017;
And whereas the Tribunal gave an Order dated 05.04.2019 whereby the Tribunal had directed that in order to
identify 106 acres of land (to be acquired by State of Odisha), an exercise of the survey for identification and preparation
of the map for 106 acres of land should be carried out through a topographical survey adhering to the accepted norms
using Total Station method;
And whereas the Government of Odisha filed I.A. No.1 of 2019 before the Tribunal. The Tribunal gave its
Order in the said I.A. on 23.09.2019 regarding preparation of the map of the area after identification of 106 acres of
land required for various structures;
And whereas the said Tribunal submitted its Further Report under sub-section (3) of section 5 of the said Act
on the 21st June, 2021;
And whereas, the State of Odisha has filed Special Leave Petition (Civil) [SLP (C)] No. 8030/2018 against the
report and decision of the said Tribunal dated 13th September, 2017, SLP (C) No. 27930/2019 against the order dated
23rd September, 2019 passed by the said Tribunal in the IA no. 1 of 2019 and SLP ( C ) No. 15143/2021 against the
Further Report dated 21st June, 2021 forwarded by the said Tribunal. These SLPs are pending consideration before the
Hon'ble Supreme Court ;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 6 of the said Act, the Central
Government hereby, subject to the outcome of SLPs pending in Hon'ble Supreme Court, publishes the Final Order and
decision of the Tribunal, as contained in the aforesaid Further Report, namely:-
FINAL ORDER AND DECISION
OF THE VANSADHARA WATER DISPUTES TRIBUNAL
(Water Dispute between the State of Odisha and the State of Andhra Pradesh, namely, in the matter of Water Dispute
regarding the Inter-State River Vansadhara and the river valley thereof)
Clause-I
The complaint filed by the State of Andhra Pradesh is held to be maintainable.
This order shall come into operation on the date of publication of the Decision of this Tribunal in the Official
Gazette under section 6 of the Inter-State River Water Disputes Act, 1956.
Clause-II
The Tribunal hereby declares that the yield of the river Vansadhara at Gotta Barrage is 115 TMC and this shall
be shared by both the States on 50:50 basis. This was agreed to by the State of Andhra Pradesh and the State of Odisha
during the meeting held on 30th September, 1962.
Clause-II (A)
Since the inter-State agreement between the party States envisages sharing of water on 50:50 basis, the same
principle shall be followed in a year of distress. In that event also when there is shortage of water in a particular year,
sharing of water would be proportionately reduced. When there is an increase in the water availability in the river, it
would be so increased proportionately. The distress sharing formula for Vansadhara river basin as specified herein will
be applicable for the total utilisation in the basin by each State.
Clause-II (B)
The water year is from 1st June to 31st May of the next calendar year.
Clause-III
The Tribunal hereby permits the State of Andhra Pradesh to construct the Side Weir along with ancillary
structures as proposed. The State of Andhra Pradesh is permitted to withdraw water only upto 8 TMC from 1st of June
to 30th of November every year through the Side Weir. The gates of the Head Regulator of Flood Flow canal of the
Side Weir shall be closed on 1st of December or earlier, as the case may be, i.e., as soon as the total drawal of water
equals to 8 TMC and the gates shall remain closed till 31st May of next year.
Clause-IV
The Tribunal hereby permits the State of Andhra Pradesh to construct the Neradi Barrage across the river
Vansadhara with ancillary structures. The Barrage will have a Right Head Sluice of design capacity of 8000 cusecs for
meeting the requirements of State of Andhra Pradesh. The Barrage will also have a Left Head Sluice for meeting the
requirements of the State of Odisha below Neradi Barrage. The capacity of this Left Head Sluice will be intimated by
the State of Odisha to State of the Andhra Pradesh within six months of the publication of this order in the official
Gazette. The cost of Left Head Sluice shall be borne by the State of Odisha. If and when in future, irrigation is decided
in Odisha State, the cost of the proposed Neradi Barrage shall be borne between the two States on ayacut basis. This is
as per the agreed resolution dated 4th September, 1962 between the two States.
Clause-V
The Tribunal hereby permits the State of Andhra Pradesh to withdraw the water of Vansadhara river from
Neradi Barrage during the first crop period i.e. from 1st of June to 30th of November every year. All flows thereafter
shall be let down in the river for use by both the States as agreed upon.
Clause-VI
Side Weir at Katragada shall be totally plugged and made completely non-functional immediately after the
Neradi Barrage is commissioned.
Clause-VII
The proposed Neradi Barrage project as well as the proposed Side Weir project must get necessary appraisal/
clearances from Central Water Commission; Ministry of Water Resources, River Development and Ganga
Rejuvenation; Ministry of Environment, Forest and Climate Change; Ministry of Tribal Affairs and other statutory
bodies, as required.
Clause-VIII
The State of Odisha shall acquire 106 acres of land as per relevant provisions of the concerned Act in its
territory, required for the Neradi Barrage Project and hand it over to the State of Andhra Pradesh within a period of one
year from the date of publication of this order in the official Gazette.
Clause-IX
Andhra Pradesh shall pay to Odisha all costs including compensation, charges and expenses incurred by Odisha
for or in respect of the compulsory acquisition of lands, as provided in the Detailed Project Report of Neradi Barrage,
which are required to be acquired for Neradi Barrage.
Clause-X
Setting up of Supervisory Committee
We make the following orders with regard to setting up of Inter-State Regulatory Body (Supervisory
Committee) for implementing the decision of the Tribunal. The composition, functions and powers of the Supervisory
Committee are as follows:
1. A Supervisory Committee consisting of four members – two from the Central Water Commission; one from
the State of Andhra Pradesh; and one from the State of Odisha shall be constituted to supervise the functioning
of the Side Weir complex at Katragada and Neradi Barrage when constructed and also for implementation of
the order of the Tribunal.
2. The composition of the Committee shall be:-
(i) Chief Engineer, CWC Chairman;
(ii) Representative of State of Andhra Pradesh Member;
(iii) Representative of State of Odisha Member; and
(iv) Superintending Engineer/Director, CWC Member Secretary.
3. The Committee shall have following functions and powers:
(i) to supervise the operation of the gates, of the Head Regulator of Flood Flow Canal of Side Weir
complex, including the closure of the same;
(ii) to ensure that total drawal of water through Head Regulator of Flood Flow Canal of Side Weir complex,
during the months of June to November in any year shall not in any case exceed 8 TMC, constituting a
part of 50% share of water of the State of Andhra Pradesh;
(iii) to ensure that the gates of the Head Regulator of the Flood Flow Canal of Side Weir complex, shall open
on 1st June and close on 1st December or earlier as soon as the total drawal of water equals to 8 TMC
every year and the gates shall so remain closed till 31st May of next year;
(iv) to maintain the record of the flow upstream of the Side Weir and also of the flow passing through the
Head Regulator of Flood Flow Canal. When the Flood Flow Canal is operational, it may be ensured that
the flow downstream of the Side Weir is equal to or more than 4000 cusecs;
(v) to make periodical survey, as it deems necessary, for assessing aggradation and degradation in the river
near the Side Weir and take appropriate steps thereto so as to ensure that the bed level of the Side Weir
at all times shall be as per its original design.
Original profile of the river and lands adjacent to the proposed Neradi Barrage may be taken just
before the start of the civil works of the proposed Neradi Barrage. As the Side Weir at Katragada has
been operationalised, the present profile of the river and lands adjacent to the Side Weir at Katragada
may be taken as per directions of the Supervisory Committee (if in place by that time), otherwise, by
carrying out survey by a joint survey team of the officers of the States of Odisha and Andhra Pradesh
under the supervision and guidance of Central Water Commission;
(vi) to keep a close watch on the river behavior and to ensure that if there be any silting or sedimentation
in front of the Side Weir at Katragada or upstream near the Neradi Barrage, the same shall be got
cleared, as and when required, through the State Government of Andhra Pradesh;
(vii) to ensure that the Side Weir is totally plugged and made completely non-functional immediately after
commissioning of the Neradi Barrage.
The plugging of the Side Weir shall be done at the location where the river bank has been cut and
the side weir has been constructed. The plugging may be done to the height upto the level of the
original natural banks of the river;
(viii) to supervise the regulation of flows from Neradi Barrage so as to ensure, -
(a) that the water from Vansadhara river at Neradi Barrage is withdrawn by the State of Andhra Pradesh
and the State of Odisha during the period from 1st of June to 30th of November every year;
(b) that during the period from 1st December to 31st May every year, entire water reaching Neradi
Barrage, flows down the river for use by both the States;
(ix) to visit the flood affected areas of Odisha, if any, impacted due to the backwater of Neradi Barrage
beyond its pool level and make assessment for giving recommendations regarding compensation to be
paid to the flood affected families/persons. For this purpose, the Committee may co-opt any member(s)
as it deems fit.
4. The Committee shall select the place for its office which shall be provided by the State of Andhra Pradesh.
5. The expenses for the maintenance of office and all expenses for conducting the monitoring activity shall be
borne by the State of Andhra Pradesh.
The Central Government and the party States shall nominate members of the Supervisory Committee at the
earliest, in any case, not later than 3 months from the date of publication of this decision in the official Gazette. No
decision of the Supervisory Committee shall be invalid merely because of non appointment of any member by any State
or by reason of absence of any member.
Clause-X(A)
Review Authority
The resolution/direction of the Supervisory Committee shall be reviewable on application of either of the party
States and the decision of the Review Authority on the review petition, if any preferred, shall be final and binding on
both the States. The Secretary of the Department of Water Resources, River Development and Ganga Rejuvenation,
Ministry of Jal Shakti, Government of India would be the Single Member Review Authority. The Review Authority so
constituted shall give opportunity of hearing to the Party States to the Review Petition, before taking any decision in the
matter. The Review Authority may also, if necessary, call for the records and comments of the Supervisory Committee
on the Review Petition. The decision shall be recorded in writing.
Clause-XI
The recommendation of the Supervisory Committee, subject to decision, if any, by the Review Authority, shall
be final and binding, and the State of Andhra Pradesh, on the basis of recommendation of the Supervisory
Committee/Review committee, shall make the payment to the State of Odisha on account of the compensation for the
damages, if any, caused by backwater of Neradi Barrage beyond its pool level.
Clause-XII
The decision or directions as contained in this order shall be read in reference and context with the preceding
discussions and the findings recorded on different issues alongwith the reasoning thereof. It is further provided that
whatever directions and observations are made in the Further Report by way of clarification/guidance/modification and
shown specifically in Schedule - I shall form part of the earlier Final Report.
Clause-XIII
Nothing contained herein shall prevent the alteration, amendment or modification of all or any of the foregoing
clauses by agreement between the parties or by legislation of the Parliament.
Clause-XIV
Order as to costs of proceedings
The States of Andhra Pradesh and Odisha shall bear their own costs. The expenses and costs of the Tribunal
shall be borne and paid by the two States in equal shares.
New Delhi,
21st June, 2021
Sd/-
Dr. Mukundakam Sharma J.;
Chairman
Sd/-
Pratibha Rani J.;
Member
Sd/-
B.N. Chaturvedi J.,
Member
SCHEDULE - I
Reference No. 1 of 2017
Reference No. 2 of 2017
Further Report: Explanations and Clarifications made and consequential Deemed Amendments
The Further Report, as given herein before in Chapters 2 & 3 having the effect of partial modification of the decision
dated 13th September, 2017 by the Tribunal, the nature of explanation, clarification and guidance in the Report are
enumerated below for the sake of convenience:
ODISHA
Clarification/explanation/modification of orders incorporated.
Para 2.14, Pages 42-43
Question-1:
The clarification and explanation relating to identification and preparation of a map delineating 106 acres of land (to be
acquired by the State of Odisha) is as follows:
"We are of the view that the Tribunal has already passed the Order on this question/clarification sought by the
State of Odisha on 23rd September, 2019 giving detailed reasons for coming to such conclusions. This Order
stands and shall form part of this Further Report but would be subject to the outcome of the SLP filed before
the Hon'ble Supreme Court by the State of Odisha wherein a challenge is made to the Order passed by this
Tribunal on 23rd September, 2019, which is pending.
Therefore, the Question No.1 (raised by the State of Odisha) and Clarification No.9 (raised by the Central
Government) shall stand answered in terms of the order passed by this Tribunal on 23rd September, 2019 but
subject to the outcome of the SLP filed by the State of Odisha before the Hon'ble Supreme Court."
Para 2.19.1, Page 45
Question-2:
Sub Clause (3) of Clause X at pages 357-359 of the Final Order of the Tribunal regarding Secretariat of the Supervisory
Committee is explained as follows by adding a clarification:
"It is for the Supervisory Committee to take a call as to in what manner and how its secretariat shall function
and to be manned. It would also therefore decide the source from which its manpower is to be drawn. But the
fact remains that the Secretariat of the Supervisory Committee is necessarily to be manned by both technical
and non-technical persons with minimum strength just to carry out the functions assigned to the Committee.
Posting of personnel drawn from non-party States for the Supervisory Committee will not be workable. As
such, it could be appropriate that technical persons be drawn from CWC. In case CWC is not in a position to
post all the technical persons, then such persons may be posted by both the States in equal strength. All the
non-technical persons (Group 'C' and Group 'D') may be posted by both the States, viz. Andhra Pradesh and
Odisha in equal strength."
Para 2.25.3 & Para 2.25.6, Pages 50-52
Question-3:
Clause X at pages 357-360 of the Final Order of the Tribunal is explained and a Clause X(A) relating to appeal against
the decision of the Supervisory Committee be inserted (by way of clarification given in para 2.25.2) as follows:
"Review Authority: The resolution/direction of the Supervisory Committee shall be reviewable on application
of either of the party States and the decision of the Review Authority on the review petition, if any preferred,
shall be final and binding on both the States. The Secretary of the Department of Water Resources, River
Development and Ganga Rejuvenation, Ministry of Jal Shakti, Government of India would be the Single
Member Review Authority. The Review Authority so constituted shall give opportunity of hearing to the Party
States to the Review Petition, before taking any decision in the matter. The Review Authority may also, if
necessary, call for the records and comments of the Supervisory Committee on the Review Petition. The
decision shall be recorded in writing."
Consequent upon the constitution of the Review Authority, the Clause XI of the Final Order of the Tribunal stands
deemed to be partially modified by inserting the words "subject to the decision, if any, by the Review Authority" in this
clause and the modified clause is as under:
"The recommendation of the Supervisory Committee, subject to decision, if any, by the Review Authority,
shall be final and binding, and the State of Andhra Pradesh, on the basis of recommendation of the Supervisory
Committee/Review Authority, shall make the payment to the State of Odisha on account of the compensation
for the damages, if any, caused by backwater of Neradi Barrage beyond its pool level."
Para 2.30.1, Pages 54-55
Question-4:
Clause III and sub clauses (i), (ii), (iii), (iv) & (viii) of Clause X(3) of the Final Order of the Tribunal regarding
automation of regulating system are clarified and explained as follows:
"The telemetry network is an automatic water level and flow measuring system, which records the desired flow
parameters continuously and enables availability of the data for any desired time. We, therefore, recommend
installation of a robust State of the art telemetry network at the Side Weir and Neradi Barrage for monitoring
drawal of water from the Side Weir and regulation of flow from Neradi Barrage. The Supervisory Committee
would be fully competent to get installed the telemetry network, operate the system systematically and
according to technical requirement, and also to frame the necessary guidelines. Therefore, no guidelines in this
regard are being issued by the Tribunal. As per Tribunal's Final Order, all the expenses for conducting
monitoring activity shall be borne by the State of Andhra Pradesh and therefore, the cost of the telemetry
network including O&M costs shall also be borne by the State of Andhra Pradesh."
Para 2.36.1, Pages 57-58
Question-5:
Clause X(3)(vi) of the Final Order of the Tribunal regarding engaging an agency for removal of the silt is explained as
follows:
The Supervisory Committee is competent enough to get the said work and given task carried out and may
devise its own method and manner of tackling the issue. The aggradation is a gradual process and the
Supervisory Committee is and would always keep a close watch and get cleared the silt, as and when required.
The decision for engaging a central agency or otherwise for removal of the silt would be considered and decided
by the Supervisory Committee depending upon need based and the actual ground situation of silting in the
river.
Para 2.42.1 & Para 2.42.3, Pages 60-61
Question-6:
Clause X(3)(vii) at page 359 of the Final Order of the Tribunal relating to plugging of Side Weir is explained by way
of clarification as follows:
"The Order of the Tribunal is to totally plug the Side Weir and make it completely non-functional. This
direction implies that all appropriate measures may be taken to ensure that no water flows through it at any
level of water in the river. It is further clarified that the plugging of the Side Weir may be done at the location
where the river bank has been cut and the weir has been constructed. Further, the plugging has to be done to
the height upto the level of the original natural banks of the river. By plugging the weir site, no water shall
flow down the Side Weir and that there shall be no flow at all to go through the Side Weir. The members of
the Supervisory Committee being technical persons and also possessing wide experience would definitely use
their vast experience and expertise to implement and give effect to the Order of the Tribunal."
A sub paragraph is inserted at page 359 after Clause X(3)(vii) relating to plugging of Side Weir in the Final Order of
the Tribunal as below:
"The plugging of the Side Weir shall be done at the location where the river bank has been cut and the side
weir has been constructed. The plugging may be done to the height upto the level of the original natural banks
of the river."
Para 2.47.3, Para 2.47.5 & Para 2.47.6, Pages 64-66
Question-7:
Clause X(3)(v) and Clause X(3)(vi) at pages 358-59 of the Final Order of the Tribunal relating to taking original ground
levels adjacent to Neradi Barrage and Side Weir are explained and clarified as follows:
"Original profile of the river and lands adjacent to the proposed Neradi Barrage may be taken just before the
start of the civil works of the proposed Neradi Barrage, which shall be the point of reference for silt deposited
prior to and during construction and/or after commissioning of the barrage. It is further clarified that such
profile in respect of Neradi Barrage shall be taken as per directions of the Supervisory Committee and there is
no need of taking such profile at this stage."
"Regarding taking original profile of the river and lands adjacent to the Side Weir at Katragada, it is clarified
that since the Side Weir has already been operationalised in compliance to the interim order dated 17th
December, 2013 of the Tribunal, the present profile of the river and lands adjacent to the Side Weir at Katragada
may be taken as per directions of the Supervisory Committee (if in place by that time), otherwise, by carrying
out survey by a joint survey team of the officers of the States of Odisha and Andhra Pradesh under the
supervision and guidance of Central Water Commission (CWC). This shall be the point of reference for the
purpose in respect of the Side Weir only. It is also clarified that our Order dated 13th September, 2017 under
Clause X(3)(vi) shall be complied with by both the States."
A sub paragraph is inserted at page 358 after Clause X(3)(v) relating to taking original ground levels adjacent to Neradi
Barrage and Side Weir in the Final Order of the Tribunal as below:
"Original profile of the river and lands adjacent to the proposed Neradi Barrage may be taken just before the
start of the civil works of the proposed Neradi Barrage. As the Side Weir at Katragada has been operationalised,
the present profile of the river and lands adjacent to the Side Weir at Katragada may be taken as per directions
of the Supervisory Committee (if in place by that time), otherwise, by carrying out survey by a joint survey
team of the officers of the States of Odisha and Andhra Pradesh under the supervision and guidance of Central
Water Commission (CWC)."
CENTRAL GOVERNMENT
Clarification/explanation/modification of orders incorporated.
Para 3.14.1 to Para 3.14.6, Pages 77-81
Clarification No.1:
Clarification No.2:
The extracts of the clarifications/guidance provided regarding percentage dependable yield; and assessment of yield in
river Vansadhara and project-wise utilisation of respective shares of both the States are as below:
"It is made clear that the issue of percentage dependability of 115 TMC of available water was never raised by
any of the parties at the time of adjudication of the dispute before it. There were no pleadings filed by either of
the two States nor by the Central Government as is stated now. As a matter of fact neither any documentary
nor any oral evidence was led by any of the parties including the Central Government in that regard. Therefore,
the said issue did not fall for and arise for consideration of the Tribunal at any stage during the pendency of
Reference under Section 5(2)."
"As regards assessment of the yield of Vansadhara basin, it is stated that as per Water Balance Study conducted
by National Water Development Agency in 2017, the yield of the basin is 104.35 TMC at 75% dependability.
We find that there is not much variation in the Study of NWDA and the yield estimated in 1962 as 115 TMC.
It is also stated that the re-assessment of the yield in the river Vansadhara at Gotta Barrage using the yield
series up to year 2005 was worked out to be 105 TMC at 75% dependability by the Joint Working Group
comprising of the officers of CWC and co-basin States of Andhra Pradesh and Odisha during the year 2006 as
desired by the representative of the Odisha. Thus, the yield assessed through the studies carried out by the Joint
Working Group comprising of the officers of CWC and co-basin States of Andhra Pradesh and Odisha during
the year 2006 and the yield assessed by NWDA are more or less the same and also close to the agreed yield of
115 TMC."
"We are of the view that no fresh assessment of the yield at certain dependability is necessary and make it clear
that as agreed to by the States of Andhra Pradesh and Odisha during the meeting held on 30th September, 1962,
the yield of the river Vansadhara at Gotta Barrage is 115 TMC and this shall be shared by both the States on
50:50 basis. When water availability in any year is less or more than 115 TMC, both the States will share the
same proportionately on 50:50 basis."
"The Central Government has submitted that mentioning yield of basin without specifying dependability is not
a sound hydrologic practice in support of which the Central Government is relying upon the decision of CWDT,
NWDT and KWDT - I & II where the aforesaid Tribunals determined the yield and apportioned the dependable
flows. The disputes raised therein in the other Tribunals to which mention is made by the Central Government
were with regard to equitable apportionment of waters available in the basin and its allocation to the existing,
on-going and future projects. In the present case, such issue was not at all involved and raised at any stage.
What was alone involved was in respect of construction of Neradi barrage and the Side Weir and allied issues.
The answer and the decision of the Tribunal has to be relatable always to the issues and the points under
reference and therefore, fact situation and the decision of each Tribunal is dependent on the issues involved.
From a bare perusal of the issues framed in the proceedings, which arose out of the pleadings of the parties,
would make the position clear that as regards the yield or dependability there was no dispute rather both the
States were ad idem in this regard. This is also the stand of the State of Odisha in their written submissions
filed on 29.10.2018. Therefore, the issue of the yield or dependability was never a matter of dispute or of
concern of this Tribunal. A reference to Clause II of the Final Order would also make it clear that the yield and
shares of the two States were based on the agreement of both the States, which was duly recorded in the Report
and Final Order. Therefore, the clarification sought for by the Central Government regarding the fresh
assessment of the yield is found to be beyond the scope of reference under Section 5(3) of the Act."
"As regards project-wise utilisation of respective shares of both the States, it is clarified that the reference made
to this Tribunal was relating to Neradi Barrage and side weir at Katragada only and specifying project-wise
utilisation of respective shares of both the States by the Tribunal was not pleaded and not requested and never
argued and therefore, not called for. That is more so, when no evidence either by way of documentary or oral
evidence was led on the issue nor the issue was raised during the proceedings under Section 5(2) of the Act.
As such, project-wise utilisation of respective shares of both the States was not an issue before the Tribunal. It
is clarified that the Supervisory Committee has been ordered to be set up for implementation of the decision of
the Tribunal including supervising the functioning of the Side Weir complex at Katragada and Neradi Barrage,
when constructed. The project wise utilisations in the upstream as well as downstream
commitments/utilisations, if any, are to be and will be considered as and when necessary by the CWC at the
time of techno-economic appraisal of a project as per applicable norms and prevailing guidelines."
Para 3.19.1 & Para 3.19.2, Pages 84-85
Clarification No.3:
Clause II at page 354 of the Final Order of the Tribunal relating to period of water year and distress sharing formula is
explained by way of clarification as follows:
"It is clarified that the yield of a river basin is never constant. It varies from year to year. Therefore, we hold
that since the inter State agreement between the party States envisages sharing of water on 50:50 basis,
necessarily the same principle would have to be followed in a year of distress. In that event also when there is
shortage of water in a particular year, sharing of water would be proportionately reduced. When there is an
increase in the water availability in the river, it would be so increased proportionately. The distress sharing
formula for Vansadhara river basin as specified herein will be applicable for the total utilisation in the basin by
each State. The formula cannot be suggested for Neradi Barrage alone. It is also clarified that the water year is
from 1st June to 31st May of the next calendar year. The Order of the Tribunal for opening or closing of the
gates has been made for the water year."
Clause II(A) and Clause II(B) relating to distress sharing formula and water year respectively are inserted at page 354
after Clause II in the Final Order of the Tribunal as below:
"Since the inter-State agreement between the party States envisages sharing of water on 50:50 basis, the same
principle shall be followed in a year of distress. In that event also when there is shortage of water in a particular
year, sharing of water would be proportionately reduced. When there is an increase in the water availability in
the river, it would be so increased proportionately. The distress sharing formula for Vansadhara river basin as
specified herein will be applicable for the total utilisation in the basin by each State."
"The water year is from 1st June to 31st May of the next calendar year."
Para 3.25.2 & Para 3.25.3, Page 91
Clarification No.4:
Clarification No.5:
Clause III, Clause IV, Clause V at pages 354-355 and Clause X(3)(ii) at page 357-358 of the Final Order of the Tribunal
relating to quantum of water to be withdrawn from Neradi Barrage when the yield is less than 115 TMC and quantum
of 8 TMC of water to be withdrawn from Side Weir in deficit or surplus years are explained as follows:
"It is clarified that distress formula for Vansadhara river basin as specified under clarification No.3
hereinbefore is also applicable for drawal of water at the Neradi Barrage when the yield of the basin is less in
a distress year or surplus in any year. We reiterate that since the inter-State agreement between the party States
envisages sharing of water on 50:50 basis, necessarily the same principle would have to be followed in a year
of distress. In that event also when there is shortage of water in a particular year, sharing of water would be
proportionately reduced. When there is an increase in the water availability in the river, it would be so increased
proportionately. The distress sharing formula as specified will be applicable for the total utilisation in the
Vansadhara river basin by each State. The formula cannot be suggested for Neradi Barrage alone."
"It is further clarified that even if the availability of water in the basin in any year is deficit, the quantum of 8
TMC of water may be permitted to be withdrawn by the State of Andhra Pradesh through the Side Weir at
Katragada since it is only about 14% of its share of 57.5 TMC. Thus, quantum of 8 TMC of water will not
change in the years when yield of the river Vansadhara at Gotta Barrage is less in any water year or more in
any other water year, as long as the quantum of water spilling over the Side Weir does not exceed 8 TMC."
Para 3.31.1 & Para 3.31.2, Pages 95-96
Clarification No.6:
Clause VII at page 356 of the Final Order of the Tribunal relating to techno economic clearance by CWC for proposed
Neradi Barrage and the Side Weir is explained as follows:
“It is clarified that CWC will only techno-economically appraise the said two projects as per the latest
Guidelines issued by Ministry of Water Resources, RD&GR. Be it mentioned that only two projects viz.
Neradi Barrage and Side Weir were referred to the Tribunal for adjudication. The Order dated 13th September,
2017 for getting necessary clearances from various organisations/ statutory bodies is in line with the aforesaid
procedure laid down in the guidelines and it does not deviate from the extant procedure for appraisal/ clearance
of a project. As such, all other projects, if there be any, in Vansadhara basin will also be governed by the said
guidelines of the Ministry of Water Resources, RD&GR."
Clause VII of the Final Order dated 13th September, 2017 of the Tribunal stands deemed to be partially modified by
words as "get necessary appraisal/ clearances from Central Water Commission,.
." instead of words "get
necessary clearances from Central Water Commission,
." in this clause at page 356 of the Report. Accordingly
Clause VII shall be read as follows:
"The proposed Neradi Barrage project as well as the proposed Side Weir project must get necessary
appraisal/clearances from Central Water Commission; Ministry of Water Resources, River Development &
Ganga Rejuvenation; Ministry of Environment, Forest and Climate Change; Ministry of Tribal Affairs and
other statutory bodies, as required."
Para 3.37.1 & Para 3.37.2, Page 99
Clarification No.7:
Clause IX at page 356 of the Final Order of the Tribunal relating to techno economic appraisal of DPR in CWC is
explained as follows:
"All costs including compensation, charges and expenses incurred by Odisha for or in respect of the
compulsory acquisition of the lands as provided in the DPR of Neradi Barrage, as mentioned in the Clause IX
of the Order, imply that the lands and their costs would be as finalised by CWC after techno-economic appraisal
of the project proposal."
"As regards the contention of Odisha that the Respondent Andhra Pradesh is expected to prepare fresh DPR,
which will have a protection wall and which will also specifically delineate the area of submergence not
exceeding 106 acres of land in the territory of Respondent Odisha, we clarify that preparation or modification
of the DPR shall be decided by CWC as per extant guidelines and this Tribunal is not giving any direction for
preparation or modification of DPR. It is also made clear that the 106 acres of land in the territory of Odisha,
which is required to be acquired by the State of Odisha, is for the purpose of construction of a protection wall,
inspection path, catch drain, foot bridges etc. on left side of the river and it is not the extent of submergence
area as
pointed out by the State of Odisha. The Tribunal has clearly stated in its Report and Final Order that after
construction of 3.8 km long protection wall, the backwater effect would be confined only to 3 km from
protection wall. As such, the area of submergence would be within the river course between the high
banks/protection wall."
Para 3.43.1 & Para 3.43.2, Page 102
Clarification No.8:
Clause X(1) at page 357 of the Final Order of the Tribunal relating to authorisation of Supervisory Committee for having
control over filling and release of water from upstream reservoirs is explained as follows:
"It is made clear that the Supervisory Committee has been constituted for specific purpose as mentioned in the
Report and not intended to be a body for management of the basin. We do not find and see any difficulty by the
Supervisory Committee in performing responsibilities mandated under Clause X(1) of the Tribunal's Final
Order."
"As regards storing more water by the project authorities in upstream reservoirs in deficit years, it is made clear
that for a water deficit year, the distress formula has already been specified under Clarification No.3, according
to which the deficit water is to be shared proportionately by both the States equally."
Para 3.46, Page 104
Clarification No.9:
The clarification relating to attaching a layout drawing of the project with the Tribunal's Report and/or decision is as
follows:
"It is stated that this clarification sought by the Central Government and the Question No.1 raised by the State
of Odisha deal with a similar issue. The clarification regarding preparation of drawing showing area of 106
acres, embankment on the left side of the river, protection wall and catch drain behind the protection wall etc.
has already been given under Question No.1 raised by the State of Odisha in Chapter 2 of this Report which
shall stand answered in terms of the order passed by this Tribunal on 23rd September, 2019 but subject to the
outcome of the SLP filed by the State of Odisha before the Hon'ble Supreme Court."
[F.No. 60021/1//2021-BM Section-MOWR]
PRADEEP KUMAR AGRAWAL, Jt. Secy. (PP)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA
Digitally signed by GORAKHA NATH YADAVA
Date: 2026.04.01 15:46:09 +0530
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