Mullaperiyar Dam Issue

Table of Contents

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Introduction

                    Mullaperiyar Dam issue is between two south Indian states that are between Tamilnadu and Kerala. It was 116 years ago, the dam was built on the Periyar River to restore the water. the dam totally belongs to the state of Kerala but it was given on lease providing Tamil Nadu on 29th October 1886 for 999 years.

                    The disputed state that is Tamil Nadu totally depends on the water of the Periyar River to fulfilling its needs in agriculture and basic needs, therefore they are asking to raise the water level of the dam. In this dispute, Kerala is not opposed to giving water but it opposes providing more water to Tamil Nadu because there is a threat to 119 years old dam by raising the water level to a higher extent.

Historical Perspective

                    It is operated by Tamil Nadu following an 1886 lease indenture for 999 years (The Periyar Lake Agreement) that was signed between the Maharaja of Travan core and the Secretary of State for India for Periyar Irrigation works.

Geographical Perspective

                   Located at the confluence of the Mullayar and Periyar Rivers in Kerala's Idukki district. Periyar Revier longest river in the state of Kerala with a length of 244 km also known as the "lifeline of Kerala". The river originates from the Sivagiri hills of the western ghats and flows " In Periyar National Park ".

Mullaperiyar Inter-State Dispute

                    The dispute between Kerala and Tamil Nadu states because of the control; safety of the dam and the validity and fairness of the lease agreement. the dispute began in 1998 when Tamil Nadu wanted to raise the height of the water level and Kerala opposed it.

                    The dispute came to the supreme court on 27th February 2006 after being tried in Madras and Kerala High courts. The Supreme court in February 2006 allowed Tamil Nadu to raise the water level of the dam to 152 ft. (46m), In response to which Kerala govt enacted the irrigation and water conservation (Amendment) Act, 2006 to ensure the safety of all endangered dams in the state according to which the second schedule of Mullaperiyar dam which was constructed in 1895 as endangered and fixed its maximum level to 136ft.

Argument points of the Kerala government :

☆ The Mullaperiyar dam suffers from structural issues and the possibility of a dam break can't be ruled out.

☆ The dam is located in an earthquake-prone area and small-time earthquakes that happened in 1979 and 2011 caused some cracks in the dam.

☆ The leakage in the dam is another cause of concern.

☆ According to a UN University report, 35 lakh people will be directly hit in the case of a dam break.

☆ It will also have an impact on the national Periyar park which hosts some endangered species.

Argument points of the Tamil Nadu government :

☆ Mullaperiyar dam is like a lifeline for the people of Tamil Nadu for irrigation and drinking.

☆ The dam is also significant for generation of the power.

☆ The govt has also asserted that it has fallen right over the control of the dam.

Committees Appointed to look into the issue

Supervisory Committee :

☆ A three-member supervisory committee was appointed by the Center and Supreme court in 2006. Which was headed by the senior Central Water Commission (CWC) officer, LAV Nathan.

☆ The committee was empowered to oversee the repair works and allowed to take the required necessary safety measures for the benefit of both the states and the dam

A.S Anand Committee :

☆ A.S Anand committee was set up by the supreme court in February 2010.

☆ The committee was constituted to look into the dispute and prepare a report within six months.

☆ According to this committee report, the dam is structurally and hydrologically safe and Tamil Nadu can raise the water level from 136ft to 142ft after carrying out certain repairs.

Joint Inspection Committee :

☆ The Supreme court also constituted a joint inspection Committee on Mullaperiyar dam to conduct a chemical test of the samples of seepage water from the 119 years old dam.

Provisions - Water Distribution - Indian Constitution

Entry 17 in the state list :

                    Entry 17 under List II of the Seventh Schedule provides that "Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I".

Entry 56 in the Union list :

                    Entry 56 of List I of the Seventh Schedule provides that "Regulation and development of inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union are declared by Parliament by law to be expedient in the public interest".

Article 262 :

                    Parliament may by law provide for the adjudication of any dispute or complaint concerning the use, distribution, or control of the waters of, or in, any inter-State river or river valley.

                    Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in Clause (1).

Measures to Resolve Dispute

                    In India there are several mechanisms adopted for resolving all such disputes and for this purpose government has enacted the interstate water disputes act, of 1956, Government has also established tribunals that award the decisions in disputes which come under those tribunals.

Way Forward

                    Looking at the way and time consumption it can be observed that the dispute takes a lot of time to get resolve as a result of that it is the states who have suffered for that in their daily matters related to water like development and meeting basic needs, which ultimately results in hindrance in the development of the state.

                    Therefore other than establishing tribunals speedy justice also be done so that it does not affect any of the concerned states. Kerala must give its permission for completing the remaining works to strengthen the dam at the earliest. Tamilnadu should ensure that all the instruments for monitoring the safety and health of the dam are installed and functioning properly. Both governments should adopt a rational approach while deciding on the storage levels and safety aspects of the dam..

Article Contributed By :

Mehar Routh