Mullaperiyar Dam Issue

In News 

  • Recently, the Supreme Court directed the Supervisory Committee to take an immediate and firm decision on the maximum water level that can be maintained at Mullaperiyar dam amidst torrential rains in Kerala.

Background 

  • The SC was hearing a petition that raised concern over the water level in Mullaperiyar Dam.
    • In the past, the control and safety of the dam, and the validity and fairness of the lease agreement of the Mullaperiyar Dam have led to disputes between Kerala and Tamil Nadu.
      • Kerala has accused the Tamil Nadu government of “sudden releases” of water several times in the past.
    • Origin of Issue: In 1979, a row erupted over the safety of the dam.
      • Consequently, in November 1979, a tripartite meeting chaired by the then head of the Central Water Commission, K.C. Thomas decided that water level had to be brought down from the full reservoir level of 152 ft to 136 ft, in order to enable Tamil Nadu to carry out dam strengthening works
      • By mid-1990, Tamil Nadu started demanding restoration of the water level in the Mullaperiyar as it had completed the task assigned to it. 
      • When no consensus was reached through negotiations, the Supreme Court was approached. 
      • In two separate judgements, in 2006 and 2014, the apex court held that the water level is raised to 142 ft.

Supreme Court Ruling 

  • The court directed the Supervisory Committee to get to work as there was “an immediate need to specify the maximum water level in the dam” because of the rains.
  • It directed all the authorities concerned to interact immediately on an urgent basis on the issue saying it has something to do with lives.

Constitutional Provisions related to Interstate- water dispute 

  • Article 262 of the Constitution deals with the adjudication of water disputes. The provisions in this regard are:
    • Article 262 (1) Parliament may, by law, provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
    • Article 262 (2) 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).

Mullaperiyar Dam

  • It was built in 1895 on the Periyar River in the Idukki district of Kerala.
  • It is situated high up in the Western Ghats, adjacent to Kerala’s famed Periyar wildlife sanctuary.
  • Mullaperiyar is listed among the world’s big dams that need to be decommissioned in a report by the UN University – Institute for Water, Environment and Health.
    • It has been stated that the Mullaperiyar dam, situated in a seismically active area, faces the risk of failure.
    • The ageing of large dams is an emerging global development issue as they pose threats to human safety and the environment.
  • Decommissioning Mullaperiyar is strongly opposed by Tamil Nadu state, which inherited a lease agreement between the former princely state of Travancore (now Kerala) and the British government.
    • The matter is still subjudice in the Supreme Court.

Periyar River

  • It rises in the Western Ghats near the border with Tamil Nadu state and flows north a short distance to Periyar Lake.
  • The river continues northwest, descending out of the mountains and onto the coastal plain, and turns west before emptying into the Arabian Sea.
  • It is the longest river in the state of Kerala.
  • It is one of the few perennial rivers in the region and provides drinking water for several major towns. 

Benefits of Construction of Dams

  • Flood control: Water bodies like dams decrease or eliminate the flood effects. 
  • Land improvement is the extra benefit that will occur after an increase in soil productivity because of drainage and land improvement precautions. 
  • Potable Water: Dams supply drinking water and domestic water to address water scarcity. 
  • Irrigation: Dams benefit the dry and unirrigated regions. 
  • Energy: Dams provide energy benefits and make the project more economical with additional value.
  • Transportation benefits: They will occur in case there is waterway transportation in the project.

Environmental Impacts of Dams

  • Destruction of Nature: The water regime may change as a result of the destruction of nature, unexpected floods may occur and consequently vegetation and natural structures in the riverbanks can be damaged.
  • Affects Fauna: Normal passing ways of territorial animals are hindered since the dam works as a barrier. The fish can be damaged while passing through the floodgates, turbines and pumps of the high bodied dams. 
  • Rehabilitation: Dams affect the social, cultural and economical structure of the region considerably. Especially forcing people, whose settlement areas and lands remain underwater to migrate, affect their psychology negatively.
  • Loss of Aesthetic Beauty: The geological and topographical places that are rare with their exceptional beauties, disappear after lying under the reservoir. 
  • Chances of Earthquakes: Some increase in earthquakes may occur because of the filling of big dam reservoirs.

Way Forward 

  • A dam can serve the purpose of substantially augmenting the needs of a water-stressed city but care should be taken to fulfil environmental compliances and proper environmental impact assessment.
  • At the same time, the tenets of Cooperative federalism need to be preserved by preventing the possibility of any inter-state disputes.

Source: TH