SELF GOALS THAT TOOK GOA DOWN THE MHADEI

June 2012: The Parrikar government was into its first quarter of governance. The Shah Commission report was not yet out though Shah and his men were scouring the mines and forests of Goa. It was still on an overdrive of pushing its popular schemes. One fine day, during series of such fine days, the Chief Engineer of the Water Resources Department Sandeep Nadkarni walked into the office of Advocate General Atmaram Nadkarni to discuss what was casually termed as the “Mhadei matter”. The Advocate General assumed that since Goa had moved the Union Water Resources Ministry way back on 9.07.2002, when Manohar Parrikar was Chief Minister seeking the constitution of a tribunal, the “Mhadei matter” was on course.

When Sandeep Nadkarni started briefing the AG in his office on 18th June Road, the highest law officer of the land was aghast. The government had not even prepared a detailed claim statement (detailing what its grounds of argument to prevent Karnataka to go ahead with the Mhadei project).

Karnataka had already gone ahead and made out a very strong case of diverting its water to the towns of Hubli and Dharwad. By now Maharashtra was also pushing forward its Virdi project on the ground that Goa actually does not need the Mhadei water. While these arguments were being pushed, Goa remained a mute and disinterested spectator as its interests were being literally washed away.

Advocate General Atmaram Nadkarni said “Genuine time delays are understandable. But there was nothing done for almost seven years. Goa had not even presented its case before the Mhadei tribunal”. The Water Resources Department, the AG and the Law department, which was drafted in to prepare the claim statement and other legal interventions realised that they need crucial data on sedimentation, flora and fauna and ecology, to present a case on the need to preserve this ecosystem as well as on what effect denial of water to this ecosystem would do,

But a bigger shock awaited this time. It is while preparing the claim statement and Goa’s Intervening Application on the Mhadei issue that they realised that Goa’s Chief Minister Pratapsing Rane had actually permitted the construction of the Virdi project in Maharashtra in April 2006 and in January 2007, its secretary, Water Resources has agreed to delete two crucial paragraphs, signing away Goa’s right to argue that Karnataka has enough local water resources in the Hubli-Dharwad belt and does not need Mhadei water to be diverted. (Detailed reports in Herald June 6 and 7)

However, the biggest take away that has emerged, as documents are studied is that Karnataka and Maharashtra are in no mood for conciliation and giving Goa its share of water if they can help it. Therefore, from 2009 to 2014 and counting, the water dispute lies with the Mhadei River Water Disputes Tribunal. The Congress government was in charge in three of these five years. Not once did it raise the issue of how Maharashtra and Karnataka were far from conciliatory and had decided to argue against Goa’s needs by saying that Goa wastes its water.

Karnataka’s arguments before the tribunal at various stages, is a clear indication that diverting the Mhadei waters is a political more than a drinking water necessity. Its arguments therefore assume a facile tone but Karnataka has stuck to this approach. In its reply to Goa’s Intervention in 2012, staking claim on the Mhadei waters, Karnataka in paragraph 36 writes.

With the establishment of the Circuit Bench of the High Court of Karnataka at Dharwad in the year 2008-09, the development of the area is projected to rapidly increase henceforth. Thus, it is submitted that the claims of Karnataka for potable clean drinking water for its citizens will assume greater significance that the contentions of the state of Goa, when admittedly a major part of the water is wasted to the sea.

It goes onto add in Para 37 “The existing sources of potable drinking water are most insufficient to meet the growing demands of the twin cities of Hubli and Dharwad.”

Karnataka has virtually quashed Goa’s arguments by further asserting in Para 39 of its rejoinder to Goa’s Intervening Application “The state of Goa has not established any prima facie not substantiated any possible material injury likely to be caused to its inhabitants in the Mhadei basin or to its flora and fauna by the diversion of waters of Mhadei River within the state of Karnataka.

It is clear that two Chief Ministers, Pratapsing Rane (February 2, 2005 to June 8, 2007, barring a 3 months of Presidents rule in 2005) and Digambar Kamat June 8, 2007 to March 9, 2012, kept the Mhadei issue virtually out of contention. In this period, Goa has lost ground because the State did not respond with vigour when Karnataka made out a case for drinking water needs of Hubli and Dharwad with no counter from Goa which had even surrendered its right to raise those points.

Betrayal of Faith: Even if the Congress seeks to nullify its inaction by the argument that the tribunal was constituted in 2009 (December 9), it did not prepare any ground to defend Goa’s rights and when it was finally done in 2012 by the new Parrikar government through an Intervening Application, the surrender of Goa’s positions and the lack of any argument seeking Goa’s rights allowed Karnataka to take such a strong position.

This inaction on the part of Goa has been self defeating and went against the States own clear stand on Mhadei when it asked for the constitution of a Tribunal. In the penultimate Para 29 of 60 page letter written by Secretary Water Resources Goa, A Venkataratnam to the Ministry of Water Resources, Goa demanded “Steps may please be taken to constitute a Judicial Tribunal at the earliest and protect the Goa state and its people from the disastrous consequences of Karnataka’s projects, for which ‘in principle clearance’ has unjustly and wrongly been accorded.”

Since it’s football season, a football parlance will be best understood. Goa has let in not one but several self goals, which have seriously hampered its chances of saving Goans from the “disastrous consequences of Karnataka’s projects. 

TIMELINE

 2002: Request made for constitution of a tribunal for adjudication of the water dispute with Karnataka on Mhadei River, after it began a project to divert water from the Mhadei basin.

 2006: Goa approached Supreme Court seeking appointment of a tribunal and for directions to Karnataka to stop work on its water diversion project. Mhadei Bachao Abiyan also filed a petition in the apex court.

 July 2009: Union Water Resources Ministry accepted Goa’s request to constitute a tribunal to resolve the Mhadei dispute. The Ministry of Water Resources claimed that as amicable solution not possible, decided to constitute the tribunal. 

 Dec 2009: Union Cabinet approved proposal for constitution of Mhadei Water Disputes Tribunal for adjudicating the dispute between Goa and Karnataka over River Mhadei. It will give its report on the dispute within three years. 

 Last few years, several attempts made by State Government and Mhadei Bachao Abhiyan to get a direction against Karnataka or for constitution of a Water Disputes Tribunal.

 May 31, 2014: Water Disputes Tribunal gives deadline to Karnataka to close the Khalsa canal. 

fact file

The Mhadei River waters flow through Mhadei Wildlife Sanctuary in Sattari, Bhagvan Mahavir Wildlife Sanctuary in Mollem, Sanguem and Bondla Wildlife Sanctuary.   

 Areas covered by wildlife sanctuaries and national parks admeasure about 448.5 sq kms. But forests, within Karnataka and Maharashtra are contiguous belt of forests and wilderness.

 Immediate effect of diverting any water from the Mhadei basin will result in reduction of water flowing into the Mhadei Wildlife Sanctuary.

 Mandovi River basin in Goa occupies 42.70% of the total Goa State’s geographical area of 3702 sq kms. It includes six talukas, comprising around 194 villages; with cultivable land of 91072 hectares, and flora, fauna and vegetation of 77975 hectares. In contrast, 375 sq kms or 0.20% of the river basin area falls within Karnataka and 77 sq kms or 0.025% within the State of Maharashtra.  

 The total length of the Mandovi River from the source to the Arabian Sea is about 87 kms.  The initial 35 kms odd is in Karnataka and the remaining 52 kms is in Goa.

 Between the Malaprabha River at Kankumbi in the North, Khanapur to the East, Anmod Ghat on the Goa highway to the South and Mollem/Mhadei Wildlife Sanctuaries the Mhadei valley is approximately 750 sq kms.

 The Mhadei River enters Goa near Khanapur taluka border below Sosodurg (called Dara Singha peak on Karnataka side), the highest peak in the Sahyadris (1019 m) in Goa. 

 In the upper reaches of the river in the Sattari valley, the river is called Mhadei and it flows for about 20 km westward till it reaches Bembol, where it meets Khandepar River. From here the river is called the Mandovi till it meets the Arabian Sea ahead of Panjim.

Four streams –Surla (or Nandode Nadi), Valvanti, Kotrachi Nadi and Ragada flow from our neighbouring State.

 Surla River originates in the forests of Surla and Kankumbi in the Western Ghats of Karnataka. Kalasa Nala joins it before it enters Goa. Two other streams join Surla River in Sattari–Mundrichi Nadi and Deuchi Nadi. Surla River joins Mhadei near the village of Nanode above Valpoi. The length of this stream in Sattari is about 20 kms.

The Valvanti (Haltar/ Virdi nallah/river) rises in the Western Ghats in Karnataka and enters Goa at Shiroli and it flows south for 21.5 km and joins the Mandovi at Sarmanas. 

Kotrachi Nadi emerges from the dense forests of Golali and Ivrem-Budruck. It flows southward and joins Mhadei at Velguem in Sattari.

 The Ragada River originates in the Western Ghats and flows north-west over a distance of 35 kms and joins the Mhadei at Guleli.

The other important streams that join the Mhadei in Sattari are –Kumbhtol (10.5 kms), Patwal (10 kms), Zarme (11.5 kms), Khotodem (9.5 kms) & Advoi (8 kms).