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Core Purpose

Notification under Sections 3, 5(1) and 12 of the Inter-State River Water Disputes Act, 1956 referring additional terms of reference to the Krishna Water Disputes Tribunal for adjudication of the distribution of Krishna river waters between the States of Telangana and Andhra Pradesh.

Detailed Summary

By notification S.O. 4375(E) dated 6th October 2023, the Ministry of Jal Shakti (Department of Water Resources, River Development and Ganga Rejuvenation) recounted that the Krishna Water Disputes Tribunal was constituted on 2nd April 2004 by notification S.O. 451(E) dated 2nd April 2004 under Section 4 of the Inter-State River Water Disputes Act, 1956 (33 of 1956) to adjudicate disputes over the inter-State river Krishna; the Tribunal submitted its report and decision under Section 5(2) on 30th December 2010; the Central Government and party States (Andhra Pradesh, Karnataka, Maharashtra) made further references under Section 5(3) on 29th March 2011; the deadline for the Tribunal's further report was repeatedly extended through a series of notifications (S.O. 653(E) dated 29 March 2012, S.O. 2339(E) dated 28 September 2012, S.O. 916(E) dated 2 April 2013, S.O. 2939(E) dated 27 September 2013, S.O. 3515(E) dated 27 November 2013, an order dated 5 February 2014, S.O. 1290(E) dated 15 May 2014, S.O. 2462(E) dated 18 July 2016, S.O. 2459(E) dated 31 July 2017, S.O. 3950(E) dated 9 August 2018, S.O. 3146(E) dated 29 August 2019, S.O. 2412(E) dated 23 July 2020, S.O. 2890(E) dated 20 July 2021, and S.O. 2916(E) dated 27 June 2022), with the further report forwarded on 29th November 2013; Section 89 of the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) extended the Tribunal's term for specified terms of reference, and the Central Government most recently extended the report deadline to 31st March 2024 via S.O. 2994(E) dated 6th July 2023. Following a request from the Government of Telangana under Section 3 of the Act to confine the scope of reference to disputes between Andhra Pradesh and Telangana, and being satisfied that a further reference is necessary under Section 12, the Central Government, under Sections 3, 5(1) and 12 of the Act, refers additional terms to the Tribunal: that "project-wise" in the existing terms of reference means existing, ongoing and contemplated projects of both Telangana and Andhra Pradesh, and that the Tribunal shall distribute/allocate Krishna River waters between Telangana and the present State of Andhra Pradesh from the undivided share of the erstwhile State of Andhra Pradesh, comprising (i) 811 Thousand Million Cubic Feet (TMC) allocated en bloc to erstwhile Andhra Pradesh by the Krishna Water Disputes Tribunal-I plus any additional allocation, and (ii) the share allocated to erstwhile Andhra Pradesh by the Godavari Water Disputes Tribunal transferred from the Godavari to the Krishna via the Polavaram Project. The notification (F. No. N-57021/2/2021-BM Section-MOWR-Part(2)) was signed by Anand Mohan, Joint Secretary.

Full Text

6360 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4204 ] NEW DELHI, FRIDAY , OCTOBER 6, 2023/ ASVINA 14, 1945 CG-DL-E-06102023-249217 MINISTRY OF JAL SHAK TI (Department of Water Resources, River Development and Ganga Rejuvenation) NOTIFICATION New Delhi, the 6th October, 2023 S.O. 4375 (E).—Whereas, the Krishna Water Disputes Tribunal (hereafter in this notification referred to as the said Tribunal) was constituted on the 2nd April, 2004 vide notification of the Government of India in the erstwhile Ministry of Water Resources, number S.O. 451(E), dated the 2nd April, 2004, under section 4 of the Inter -State River Water Disputes Act, 1956 (33 of 1956) (hereafter in this notification referred to as the said Act), for the adjudication of the water disputes regar ding Inter -State river Krishna 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 30th December, 2010; And, whereas, the Central Government and the Party States of Andhra Pradesh, Karnataka and Maharashtra referred their respective references to the said Tribunal under sub -section (3) of section 5 of the said Act on 29th March, 2011; And, whereas, the said Tribunal was required to forward to the Central Government a further report under sub-section (3) of section 5 of the said Act on or before one year from 29th March, 2011; And, whereas, on the request of the said Tribunal, the period of submission of further report under sub - section (3) of section 5 of the said Act was extended from time to time vide notifications number S.O 653(E), dated the 29th March, 2012, S.O. 2339 (E), dated the 28th September, 2012, S.O. 916 (E), dated the 2nd April, 2013, S.O. 2939 (E), dated the 27th September, 2013, S.O. 3515(E), dated the 27th November, 2013 up to the 31st January, 2014, which was further extended up to 31st July, 2014, vide Ministry of Water Resources order dated 5th February, 2014, S.O.12 90 (E), dated the 15th May, 2014, S.O. 2462 (E), dated the 18th July, 2016, S.O. 2459 (E), dated the 31st July, 2017, S.O. 3950 (E), dated the 9th August, 2018, S.O. 3146 (E), dated the 29th August, 2019, S.O. 2412 (E), dated the 23rd July, 2020, S.O. 28 90 (E), dated the 20th July, 2021, and S.O 2916 (E), dated the 27th June, 2022; And, whereas, the said Tribunal forwarded to the Central Government its further report under sub -section (3) of section 5 of the said Act on the 29th November, 2013; And, whe reas, under section 12 of the said Act, the Central Government shall dissolve the Tribunal after it has forwarded its report and as soon as the Central Government is satisfied that no further reference to the Tribunal in the matter would be necessary; And, whereas, section 89 of the Andhra Pradesh Re -organisation Act, 2014 (6 of 2014) provides that the term of the Krishna Water Disputes Tribunal shall be extended with the terms of reference specified in clauses (a) and (b) of the said section; And, whereas, in exercise of the powers conferred under sub -section (3) of section 5 of the Inter -State River Water Disputes Act, 1956, the Central Government extended the period of submission of further report by the said Tribunal up to 31st March, 2024 so as to addre ss the terms of reference specified in clauses (a) and (b) of section 89 of the Andhra Pradesh Re -organisation Act, 2014 vide notification of the Government of India, Department of Water Resources, River Development and Ganga Rejuvenation, in the Ministry of Jal Shakti, number S.O. 2994 (E), dated the 6th July, 2023; And whereas, a request has been received from the Government of Telangana under section 3 of the said Act, to refer the water disputes regarding the Inter -State river Krishna, and the river va lley thereof, by confining the scope of reference between the jurisdictional limits of States of Andhra Pradesh and Telangana only, to the said Tribunal for adjudication; And, whereas, the Central Government is satisfied that further reference to the Tribu nal in the matter is necessary under section 12; Now, therefore, in pursuance of the provisions contained in section 3, sub -section (1) of section 5 and section 12 of the said Act, the Central Government hereby refers the following further terms of referen ce to the said Tribunal for adjudication: (1) for the purposes of clauses (a) and (b) in the existing terms of reference, “ project -wise” means existing, on-going and contemplated projects of both the States of Telangana and Andhra Pradesh; and (2) shall distribute/allocate the Krishna River waters between the States of Telangana and the present State of Andhra Pradesh from the undivided share of erstwhile State of Andhra Pradesh and the total undivided share of the erstwhile State of Andhra Pradesh that m ay be considered for the purpose of this distribution/allocation is as below: (i) 811 Thousand Million Cubic Feet (TMC) of overall allocation ( en bloc ) made by the Krishna Water Disputes Tribunal -I to the erstwhile State of Andhra Pradesh and any additional allocation over and above it made by the said Tribunal to the erstwhile State of Andhra Pradesh; and (ii) share of water allocated to the erstwhile State of Andhra Pradesh by the Godavari Water Disputes Tribunal, which is made available by transfer of water from Godavari to Krishna through Polavaram Project and any further transfer from Godavari to Krishna from Polavaram project, if proposed. [F.No. N-57021/2/2021 -BM Section -MOWR -Part(2) ] ANAND MOHAN , Jt. Secy . Uploaded by Dte. of Print ing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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