Opinion Unravelling the tangle

After Independence,though all the treaties between the British and the Indian princely states lapsed,Mullaperiyar water continued to be used by Tamil Nadu as per the terms of the agreement. In 1970,the states partly amended the provisions to revise the annual lease rent and to allow Tamil Nadu the use of Mullaperiyar water for power-generation.

Since 1970,Kerala has been arguing that the dam had outlived its lifespan and suggested the construction of a new one. In 1979,after earthquakes caused cracks in the structure,it took up the case with Tamil Nadu,raising concerns about the safety of the dam constructed using lime-surkhi. As suggested by the Central Water Commission,Tamil Nadu brought down the water level from 142 ft to 136 ft. After making due repairs,it wanted to raise the water level back to 142 ft. As Kerala did not agree to this,Tamil Nadu approached the Supreme Court for directions to raise the level as its farmers were incurring heavy losses due to reduced availability of water. In 2006,the court permitted the raising of the water level.

In the meanwhile,Kerala promulgated a new Dam Safety Act,empowering its Dam Safety Authority (KDSA) to evaluate the safety of all old dams in the state,including the Mullaperiyar dam. The KDSA fixed the maximum water level in the reservoir at 136 ft. Reacting to this,Tamil Nadu approached the apex court,which,after issuing notice to Kerala to respond,advised the states to amicably settle the matter. In view of the wide ramifications of the case,a Constitution Bench was then set up to hear it.

In 2009,after tremors in the region,Kerala again came up with the proposal to build a new dam 1,300 ft downstream from the present structure,as its experts had cautioned that the existing dam would collapse if an earthquake measuring 6.5 on the Richter scale strikes the region. According to Kerala,Tamil Nadu had,in 1979,agreed to such a proposal.

With Tamil Nadu rejecting the proposal for a new dam and seeking the raising of the water level,and Kerala continuing to harp on the safety aspect,the court appointed an empowered committee to study and report on all aspects. The study is in progress.

Recently,there have been low-intensity tremors in Idukki district and Kerala’s demand has become more vociferous. Tamil Nadu fears that if a new dam is constructed,maintained and operated by Kerala,its farmers may not receive the quantity of water that they have been getting as per the 1886 agreement. Even though Kerala has assured Tamil Nadu that the requisite water would be released,the latter’s apprehension is that provisions in the agreement may not be strictly adhered to.

With the two states unable to find a middle ground,the Central government could step in to diffuse the tension by bringing the contending parties to the negotiating table. To allay the fears of Kerala,its proposal for a new dam could be considered,and to remove the suspicions and satisfy the requirements of Tamil Nadu,the Centre could offer to set up a control board for the operation and maintenance of the new dam. The board could be constituted along the lines of the Tungabhadra Board.

Such an institutional mechanism would provide a forum for discussions to sort out differences that are likely to arise in the operation and maintenance of the project. For adequate representation,general acceptance and effective functioning,the organisation would be headed by a Central nominee with equal number of members nominated by the states. It could be empowered to make its own rules for the conduct of its business,as in the case of the Tungabhadra Board under the Centre.

The Mullaperiyar dam has benefited both the states for decades. It should not be allowed to become the cause of a serious rift between them.

The writer is former member secretary,Indian National Committee on Irrigation and Drainage,express@expressindia.com