Mullaperiyar - Way Ahead

The Pioneer
Negotiating Mullaperiyar dispute
Tamil Nadu and Kerala are at daggers drawn over the Mullaperiyar dam dispute that has become a source of needless acrimony between the two States. The Union Government should play a proactive role in defusing the looming crisis.
M.S.Menon.
The history of the 116-year old Mullaperiyar dam is the story of a treaty that began with hope, but in the end got embroiled in controversies and mistrust between the participating states of Tamil Nadu and Kerala.
The agreement signed in 1886 by the British rulers of the Madras Presidency with the Maharaja of Travancore State was unique since it was to remain valid for a period of 999 years, and it permitted diverting all the waters of the Mullaperiyar river originating and flowing through the State to the Presidency. It also provided for the leasing of 8000 acres of land of the State for the reservoir and another 100 acres to construct the dam, the stipulated annual rent for the land being Rs 40,000 per year. The lease indenture granted full right, power and liberty to the Presidency to carry out all works for the dam and appurtenant works as well as the ancillary works . The benefits claimed from this proposed eastward diversion of the river were irrigation in the rain-shadow regions of the Presidency (now Tamil Nadu) and flood mitigation in the Travancore (now Kerala) region.
After independence, though all the treaties between the British Government and the Indian Princely States stood lapsed, the Mullaperiyar waters continued to be diverted to the east. Also in 1970, Kerala and Tamil Nadu virtually ratified the 1886 agreement by partly amending the provisions to revise the annual lease rent and to allow the latter the use of river waters for power generation for which Kerala would be compensated annually for the power generated there-from.
In 1979, earth tremors in the region caused noticeable leakages from the Mullaperiyar dam, sending shock waves to the people settled downstream. As cracks appeared in the old surkhi-lime concrete dam, safety concerns were raised by the Kerala Government. At the instance of the Supreme Court and as per the suggestion of the Central Water Commission, Tamil Nadu agreed to lower the stored water level in the reservoir from 142.2 ft to 136 ft, and to carry out the due repairs.
After carrying out the strengthening measures, Tamil Nadu approached the Supreme Court to permit it to increase the level to 142 ft, stating that the reduction in storage level and consequent reduced availability of water had put its farmers in the rain-shadow region at a great loss. In 2006, the apex court permitted Tamil Nadu to raise the water level.
Meanwhile, Kerala promulgated a new dam safety Act empowering the Kerala Dam Safety Authority to evaluate the safety of all old dams located in the State and advise the Government. It could even decommission a dam if public safety demanded. Accordingly, KDSA fixed the safe level for Mullaperiyar reservoir at 136 ft. Reacting to this development, Tamil Nadu approached the apex court, which, after issuing notice to Kerala to respond, advised the States to amicably settle the matter. Considering the wide ramifications of the case, a Constitution Bench was then set up to hear the case.
In view of fierce public protests, Kerala came up with a proposal in 2009 to build a new dam, 1300 ft. downstream of the present one to ensure safety of its people in the basin as their experts cautioned that the existing dam would collapse if an earthquake measuring 6.5 on the Richter scale struck the region. According to Kerala, Tamil Nadu had in 1979, agreed on such a proposal, and it has been cleared for approval by the Union Government.
However, Tamil Nadu rejected the idea of constructing a new dam, to which Kerala again demanded in 2010 a review of the dam’s safety. The court appointed a five-member Empowered Committee to study all the issues. The study is presently in progress.
Meanwhile, low intensity tremors continue in the region, developing new cracks in the body of the dam resulting in seepage from the dam posing a threat to the villages in the basin. The public fear has reached panic-levels with experts pointing out to the alarming possibility of floods from a collapsed dam gushing to the Idukki reservoir and leading to breaches in that dam complex.
The arguments and counter arguments on the issue reveal that both the people on either side of the Western Ghats have fears on the outcome of the decisions in this regard.
Tamil Nadu’s apprehensions stem from the feeling that, if a new dam is constructed, maintained and operated by Kerala, its farmers may not get their due share of water as per the 1886 agreement, even though Kerala has assured them of the requisite water-supply. Kerala’s fear arises from the fact that the old dam is already leaking and regardless of the repairs that may be done, it would not guarantee its safety, particularly in view of the frequent tremors occurring in the region.
There is no doubt that the present dam has outlived its expected life-span and a new dam in its place is necessary, since no expert would be able to certify its safety even for a few decades.
The legal and political battles on Mullaperiyar dam are sure to continue as public resentment is putting pressure on the Governments concerned to find an acceptable solution to remove their fears.
The Union Government can certainly defuse the situation by bringing the contending parties to negotiate on the issues involved. 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 UPA Government could offer to set up a control board for the operation and maintenance of the new dam on the lines of the Tungabhadra Control Board set up under the Union Ministry of Water Resources.
(New Delhi- Wednesday, December 7, 2011)