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REGISTERED No. D. (D.)72

The Gazette of India

EXTRAORDINARY

PART I I- Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No.346]NEWDELHI, SATURDAY, JULY 26, 1980/SRAVANA 4, 1902

Separate paging is given to this Part in order that it may be filed as a separate compilation

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MINISTKY OF IRRIGATION

NOTIFICATION

New Delhi, the 26th July, 1980

S.O. 577(E).—Whereas the Ccntml Government had consti- tuted by notification No. S.O. 1421, dated the 10th April, 1969, issued under section 4 ol the Inter-State Water Disputes Act, 1956 (33 of 1956), the Godavari Water Disputes Tribunal to adjudicate upon the water dispute regarding the inter- state river, Godavari and the river valley thereof ;

And whereas the said Tribunal investigated the matters referred to it and forwarded to the Central Government under sub-section (2) of section 5 of the said Act, a report setting out the facts as found by it and giving its decision on the matters referred to it ;

And whereas upon consideration of the said decision, th" Central Government and the Governments of Andhra Pradesh, Madhya Pradesh and Maharashtra made references to the said Tribunal under sub-section (3) of section 5 of the said Act and the Tribunal has, on such references, forwarded to the Central Government under that sub-sec.tion a further report giving such explanations and guidance as it deemed fit;

Now, therefore, in exercise of the powers conferred by section 6 of the said Act, the Central Government hereby publishes the decision of the said Tribunal as modified by the Tribunal with reference to the explanations and guidance given in its further report.

DECISION OF THE GODAVART WATER DISPUTES TRIBUNAL AS MODIFIED BY THE EXPLANATIONS AND GUIDANCE GIVEN IN ITS FURTHER REPORT

Final Order of the Tribunal

The Tribunal hereby passes the following Order :—

Clause I.

All the States can make use of underground water within their respective State territories in the Godavari basin and such use shall not be reckoned as use of the water of the river Godavari,

Clause H.

Use shall include any use, made by any State of the waters of the river Godavari and its tributaries for domestic, municipal, irrigation, industrial, production of power, naviga- tion, pisciculture, wild life protection, recreation purpose and evaporation losses from the storages created for the above purposes.

Clause i n.

1115

Clause TV

(A) The uses of water mentioned in column (1) below,

shall be measured in the manner indicated in column (2) :

Use Measurement

(i) Irrigation use 100 per cent of the quantity diverted or lifted from the river or any of the tributaries or from any reservoir, storage or canal and 100 per cent of evaporation losses in these storages.

(ii) Power use 100 per cent of evaporation

losses in the storage.

(iii) Domestic and Municipal 20 per cent of the quantity water supply within the of water diverted or lifted from the river or any of its basin. tributaries or from any re- servoir, storage or canal.

(iv) Industrial use within the 2,5 per cent of the quantity basin. of water diverted or lifted from the river or any of its tributaries or from any re- servoir or storage or canal.

(v) All uses outside the basin. 100 per cent of the quantity diverted or lifted from the river on any of the tributaries or from any reservoir, storage or canal.

(B) Except as provided in sub-clause (A) or in the Agree- ments between the parties a use shall bo measured by the extent of depletion of the waters of the river Godavari in any manner whatsoever including losses of water by evaporation and other natural causes from man mad© reservoirs and other works without deducting in the case of use for irrigation the quantity of water that may return after such use to the river.

(C) The water stored in any reservoirs across any stream of the Godavari river system shall not of itself be reckosed as depletion of the water of the stream except to the extent of the losses of water from evaporation and other natural causes from such reservoir. The water diverted from such reservoir by any State for its own we in any water year shall be reckoned as use by that State in that water year.

(D) If in any water year any State is not able to use any portion of the water allocated to it during that year on account of the non-development of its projects or damage to any of its projects or does not use it for any reason what- soever, that State will not bo entitled to claim the unutilised water In any subsequent water year.

(E) Failure of any State to make use of any portion of the water allocated to it during any water year shall not constitute forfeiture or abandonment of its share of water in any subsequent water year nor shall it increase the share of any other State in any subsequent water year even if such State may have used such water.

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Each of the States concerned will be at liberty to divert any pait of the share of tlhc Godavari waters allocated to it from the (Jodavari basin to any other basin.

Clause V.

The following Agreements so far as they relate to the Godavari river and Godavari river basin be observed and carried out:—•

A. Agreement dated the 19th December, 1975 between the States of Karnataka, Maharashtra, Madhya Pradesh, Orissa and Andhra Pradesh annexed hereto and marked Anncxure "A" agreeing to the clearance of projects for the utilisation of waters of the Godavari river and its tributaries in accord- ance with:—

(a) Agreement between the States of Karnataka and Andhra Pradesh on the 17th September, 1975— Annexur© I.

((b) Agreement between the States of Maharashtra and Andhra Pradesh on the 6th October, 1975—Anne- xure U.

(c) Agreement between the States of Madhya Pradesh and Andhra Pradesh on the 7th November, 1975— Anncxure HI.

(d) Agreement between the States of Orissa and Madhya Pradesh on the 9th December, 1975—Annexure TV.

B. Agreement dated the 7th August, 1978 between the States of Maharashtra, Madhya Pradesh and Andhra Pradesh anne- xed hereto and marked Annexure "B", subject to the provi- sions of the Agreement dated the 2nd April, 1980 mentioned below.

C. Agreement dated the 4th August, 1978 between tb" States of Andhra Pradesh and Karnataka annexed hereto and marked Annexure "C".

D. Agreement dated the 15th December, 1978 between the States of Orissa and Andhra Pradesh annexed hereto and marked Annexure "D", subject to the provisions of the Agreement dated the 2nd April, 1980 mentioned below.

E. Agreement between the States of Karnataka and Maharashtra evidenced by letters dated the 29th January, 1979, 30th January, 1979 and 31st January, 1979 annexed hereto and marked Annexure "E".

F. Agreement dated the 11th July, 1979 between the States of Orissa and Madhya Pradesh annexed hereto and marked Anncxure "F".

G. Agreement dBted the 2nd April, 1980 between the States of Andhra Pradesh, Madhya Pradesh and Orissa annexed hereto and marked Annoxuro "G".

Clause VI.

<1) In accordance with the statement dated the 3rd April, 1980 submitted on behalf of the Government of India, annexed hereto and marked Annexure "H", we direct that

(i) the Polavaram Project shall be cleared by the Central Water Commission as expeditiously as possible for FRL/MWL + 150 feet;

(ii) the matter of design of the dam and its operation schedule is left to the Central Water Commission which it shall decide keeping in view all the Agree- ments between the parties, including the Agreement dated the 2nd April, 1980 as far as practicable;, and

(iii) if there is to be any change in the operation schedule as indicated in the Agreement dated the 2nd April, 1980 it shall be made only after consultation with the States of Andhra Pradesh, Madhya Pradesh and Orissa. The design aspects shall, however, be left entirely to the Central Water Commission.

(2) The State of Andhra Pradesh shall observe all safe- guards, including the safeguards mentioned in sub-clause (1) above, regarding the Polavaram Project, a§ directed by the Central Water Commission.

Clause VII.

No'hing in the Order of this Tribunal shall impair the right or power or authority v{ any State to regulate within its boundaries the use of water or to enjoy the benefit of waters within that State in a manner not inconsistent with the Order of this Tribunal.

Clnuse VIII.

In this Order ;

(a) Use of the water of the river Godavari by any person or entity of any nature whatsoever within the territories of a State shall be reckoned as use by that State.

>{b) The expression "Godavari waters" with its gram- matical variations and cognate expressions includes water of the main stream of the Godavari river, all its tributaries and all other streams con- tributing water directly or indirectly to the Goda- vari river,

(c) The sub-basins of the Godavari basin mean the sub- basins described in the statement annexed hereto and marked Annexure "I".

(d) Use of quantities of water specified in the Agree- ments is for a water year commencing on 1st June and ending on 31st May.

Clause IX

Nothing contained herein shall prevent the alteration, amendment or modification of all or any of the foregoing Clauses by agreement between the parties or by legislation by Parliament.

Clause X

(A). The Governments of Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Orissa shall bear their own costs of appearing before the Tribunal. The expenses of the Tribunal shall be apportioned and paid by tho Governments of Maharashtra, Kamataka, Andhra Pradesh, Madhya Pradesh and Orissa in equal shares. These directions relate to the reference under section 5(1) of the Inter-State Water Disputes Act, 1956.

(B). The Government of India and the Governments of Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Orissa shall bear their own costs of appearing before the Tribunal in the references under section 5t(3) of the said Act. The expenses of the Tribunal in respect of the aforesid references shall be apportioned and paid by the Governments of Maharashtra, Karnataka, Andhra Pradesh, Madhya pradesh and Orissa in equal share*.

ANNEXURE "A"

Godavari River Basin Afireemeii*

Whereas certain discussions have taken place amongst the five S'.ates of Andhra Pradesh, Karnataka, Madhya Pradesh, Maharashtra and Orissa, subsequent to meeting of 19th July, 1975 held at New Delhi on the use of the waters of the Godavari river and its tributaries, and

Whereas in pursuance thereof the following agreements have been entered into between the States hereinafter men- tioned viz.

(.a) Agreement between the States of Karnataka and Andhra Pradesh on 17th September, 1975—Anne- xure I;

(b) Agreement between the States of Maharashtra and Andhra Pradesh on 6th October, 1975—Annexure II;

(c) Agreement between the States of Madhya Pradesh and Andhra Pradesh on 7th November, 1975—An- nexurc III ;

(d) Agreement between the States of Orissa and Madhya

Pradesh on 9th December, 1975—-Annexure IV ;

Whereas the States of Karnataka, Andhra Pradesh, Maha- rashtra, Madhya Pradesh and Orissa have considered Uic suid bilateral agreements in their meeting on 19th December, 1975 at New Delhi.

Now the States of Karnataka, Andhra Pradesh, Maharash- tra, Madhya Pradesh and Orissa hereby agree to the sanction and clearance of projects for the utilisation of waters of the Godavari river and its tributaries in accordance with the scid agreements, provided that nothing in 'hese agreements will be treated as a concession by any State in respect of any of its contentions in any other water disputes with any other State or with respect to the dispute regarding the sharing of the balance quantity of water in the Godavari and its tributaries. State in this agreement means any of the aforesaid five States.

The five basin States agree that this agreement will be filed

before the Godavari Water Disputes Tribunal

Now as a testimony thereof, wo the Chief Ministers of

concerned Slates append our signatures.

New Delhi,

December 19, 1975,

Sd/- 19/12

(J. Vengal Rao) Chief Minister, Andhra Pradesh.

Sd/- 19-12-75

(D. Devaraj Urs)

Chief Minister,

Karnataka.

1117

ANDHRA PRADESH

Sd/- 19-12-75.

1. Shri J. Vengai Rao, Chief Minister.

(P. C. Sethi) Chief Miniver, Madhya Pradesh.

2. Shri Ch. Subbarayudu.

Sd/-

Minister for Municipal Administration.

3. Shri C. R. Krishnaswami

19-12-75. (S. B. Chuvam Chief Minister, Maharasntra.

Sd/-

Raosaheb, Secretary to Chief Minister.

4. Shri M. Gopalkrishnan,

(Mandini Satpathy) Chief Minister. Orissa.

Secretary, Irrigation & Power.

In the presence of—

5. Sbri H. Gopalakrishna

Sd/-

Murthy, Special Officer. Water Resources,

6. Shri G. K. S. lyyengar.

(K, N. Singh; Deputy Minister, Ministry of Agriculture and Irrigation, Government of India.

Superintending Engineer, Interstate-I, Water Resources.

Sd/-

1. The discussions related to the clearance of projects upstream of Nizamsagar in Karnataka and Andhra Pradesh States.

(Jagjivan Ram) Minister of Agriculture and Irrigation, Government of India.

ANNEXURE I

2. After full discussion, the following points were agreed

to, as an interim measure ;

Proceeding of a meeting between the Chief Ministers of

Kanwtaku and Andhrfl Frakesh, held at Bangalore on (he

17th September, 1975

Th: following were present :

(a) Karnataka may go ahead with the following two projects, ami the utilisation will be as indicated against each :

KARNATAKA

Name of project Utlisation of Water

1. Shri D. Dcvaraj Urs.

(i) Karanja Project 13 10 TMC fit.

Chief Minister.

(ii) Chulkinda Project 1.17 TMC ft.

2. Shri Subhash Asture,

Minister of State for Major and Medium Irrigation.

(b) Andhra Pradesh may go ahead with the construction of a reservoir at Singur for the withdrawal of 4 (four) TMC ft. for purposes of drinking water for Hyderabad city.

3. Shri G. V. K. Rao,

Chief Secretary.

4. Shri I, M. Magdutn,

Special Secretary to Government, P.W.D.

5. Shri .1. C. Lynn. Secretary to Chief Minister,

3. Andhra Pradesh stated that they propose to construct the Reservoir at Singur with a capacity of 30 TMC ft., and that this may involve the submersion of some land in Karnataka State. In that event, the details regarding the project and of the submersible land in Karnataka will be furnished to the Government of Karnataka for their consi- deration. Karnataka stated that any evaporation loss from the Reservoir should come out of the share of Andhra Pradesh.

6. Shri B. Subramanyam, Superintending Engineer. W.R.D.O.

7. Shri A. V, Shanker Rao. Superintending Engineer, W.R.D.O.

8. Sljri S. K. Mohan.

Under Secretary to Government, P.W.D.

4. The Cbicf Minister of Andhra Pradesh is haviirg dis- cussions with the Chief Minister of Maharashtra also about te construction of projects in the Manjira sub-basin. Details of any agreement arrived at will be made available to the Government of Karnataka, so that all the three State Govern- ments could arrive at mutually consistent agreements.

5. The details of he interim agreement among the three States will be furnished to the Government of India, and also filed before the Tribunal, at the appropriate time.

D, DEVRAJ URS J. VENGAL RAO

Chief Minister

18-9-1975

Karnataka Chief Minister

Andhra Pradesh.

AKNEXURE II

After full discussions the following points were agreed to :

I. Maharashtra can use for their beneficial use all waters upto Paithan dam site on the Godvari and upto Siddheswar dam site on the Puma.

II. U) From the waters in the area of the Godavari basin below Paithan dam site on the Godavari and below Siddhes- war dam Kite on the Puma and below Nizamsagar dam site on tne Manjra and upto Pochampad dam site on the Goda- vari, Maharashtra can utilise waters not exceeding 60 TMC for new projects Including any additional use over and above the present sanctioned or cleared utilisation, as the case may be.

Proceedings of the Meeting Between the Chief Ministers

of Maharashtra and Andhra Pradesh held at Hyderabad

on the 6th October, 1975

The following were present :

ANDHRA PRADESH

1. Sri I. Vengala Rao Chief Minister.

2. Sri J. Chokka Rao Minister for Agriculture and

Transport.

3. Sri N, Bhagwandas, TAS Chief Secretary.

4. Sri P. Ramchandra Reddi Advocate-General.

5. Shri A. Krishnaswatni, IAS 1st Member, Board of

Revenue.

6. Sri C. R. Rrishnaswamy Rao Sahib, IAS Secretary to

Chief Minister.

7. Sri M. Gopalakrishnan, IAS Secretary. Irrigation &

Power.

8. Sri P. Sitapati, IAS Joiat Secretary, Irrigation &

Power.

9. Sri B. Gopalkrishnamurthy Special Officer, Water

Resources.

10. Sri M. Jaffer Ali Adviser, Irrigation.

11. Sri D. V, Sastry Government Pleader.

12. Sri G. K. S. Iyengar S. E.. Inter-State Circle-I.

MAHARASHTRA

1. Sri S. B. Chavan Chief Minister.

2. Sri V. B. Patil Minister, Irrigation.

3. Sri M, N. Phadke BarrJster-at-Law.

4. Sri V. R. Deuskar Secretary, Irrigation Deptt.

5. Sri M, G. Padhye Chief Engineer (WR) and Joint

Secretary Irrigation Deptt,

6. Sri K. S. Shankar Rao 9. E. & Dy. Secy. Irrigation

Department.

7. Sri Sridhara Rao JOBW Spl Officer, Irrigation Deptt.

The discussions related to tbe clearance of the projects on and the use of waters of Godavari river and its tributaries.

(ii) Andhra Pradesh can go ahead with building its Pocha- mpad Project with FRL 1091 and 1093 and is free to utilise all the balance waters upto Pochampad dam site in any manner it chooses for its beneficial use. Maharashtra will take necessary action to acquire any land or structures that may be submerged under Pochampad Project and Andhra Pradesh agrees to bear the cost of acquisition, the cost of rehabilitation of the displaced families and the cost of cons- truction of some bridges and roads that may become necessary. Maharashtra also agrees to the submergence of the river and stream beds.

HI. (i) In the Manjira sub-basin above Nizamsagar dam site, Maharashtra can utilise waters not exceeding 22 TMC for new projects including any additional use over and above the present sanctioned or cleared utilisation as the case may be,

(ii) Andhra Pradesh can withdraw 4 TMC for drinking water supply to Hyderabad City from their proposed Singur project on the Manjida.

(iii) Andhra Pradesh can construct Singur project with a storage capacity of 30 TMC Andhra Pradesh can, also use 58 TMC under Nizamsagar project.

IV. Maharashtra concurs with the agseement arrived at between the States of Andhra Pradesh and Karnataka in regard to the use proposed by Karriataka in the ManjirR sub- basin upstream of Nizamsagar dam site.

V. Maharashtra and Andhra Pradesh will be free to use additional quantity of 300 TMC of water each below Pocham- pad dam site for new projects.

VT. Maharashtra and Andhra Pradesh agree hi principle to the taking up of the Inchampalli Project with FRL as commonly agreed to by the interested States, viz., Maharash- ra, Andhra Pradesh and Madhya Pradesh,

VII. Maharashtra and Andhra Pradesh agree to take up the following joint projects at the appropriate tune with agreed utilisation :

(a) Lendi Project

fb) Lower Penganga Project

(c) Pranhita Project

and to set up joint committees for thig-purpose.

VIII. The States of Maharashtra and Andhra Pradesn agree that this agreement will be furnished to the Government

1119

of India and also be filed before the Godavari Water Deputes Tribunal at tlie appropriate time.

Si/-

Sd/-

(J. VengaJa Rao)

6-10-1975

(S. B. Chavan) 6-10-1975

Chief Minister, Chief Ministe., Andhra Pradesh. Maharashtra,

ANNEXURE III

2. After full discussions, the following points were agreed

to:—

(I) Madhya Pradesh and Andhra Pradesh will be free to use an additional gross quantity of 300 T.M.C. each, out of (he water in the Godavari River and its tributaries below Hochampad Dam site for new projects.

Proceedings of the Meeting Between the Chief Ministers of

Mfldhya Pradesh and Andhra Pradesh held at New Delhi on

the 7th November, 1973.

The following wore present :•—

Madhya Pradesh

1. Shri F, C. Sethi, Chief Minister.

2. Shri V. R. Uike, Minister for Irrigation and Electri-

city.

3. Shri Maiiohar Keshav, Secretary, Irrigation

Electricity.

4. Shrj Y. S. Chitalo, Senior Advocate.

5. Shri R. C. Jain, Commissioner, Madhya Pradesh,

Delhi.

6. Shri S. R. Bhatia, Secretary to Chief Minister.

7. Shri V. M. Chitale, Deputy Secretary, Irrigation.

8. Shri H, V. Mahajani, Superintending Engineer, Goda-

vari Basin Circle.

Andhra Pradesh

1. Shrj J. Vengala Rao, Chief Minister.

2. Shri P. Ramachandra Reddi, Advocate General.

3. Shri C. R. Krishna Swamy Rao Saheb, Secretary to Chief Minister.

4. Shri C. M. Shastry, Special Commissioner, Govern- ment of Andhra Pradesh.

5. Shri M. Gopalakrishnan, Secretary, Irrigation & Power.

6. Shri B. Gopalkrishnamurlhy, Special Officer, Water Resources.

7. Shri D. V. Sastry, Government Pleader.

8. Shri G.K.S. lyanger, Superintending Engineer, Inter- State Circle-I.

The discussions related to the clearance of the projects and the use of waters of Godavarf River und its tributaries.

(II) Madhya Pradesh concurs generally with [he agreement arrived at between Andhra Pradesh and Maharashtra on 6-10-1975. The quantity of 300 TMC mentioned in clause I below will not be in addition to 300 TMC agreed to between Andhra Pradesh and Maharashtra as per agree- ment dated 6-10-1975.

(III) In agreeing to 300 TMC referred to in clauses I and II above, for Andhra Pradesh, Madhya Pradesh on its part, has taken into account the estimated requirements within the basin only.

(IV) Madhya Pjadesh and Andhra Pradesh agree in prin- ciple to the taking up of the Inchampalli Project with F.R.L. as commonlyi agree to by the interested States viz. Maharash- tra, And'bra Pradesh and Madhya Pradesh.

_JV) It is also agreed that Madhya Pradwh and Axidhra Pradesh wil) consider the feasibility of taking up the Incham- palli Project as a Joint Project with costs and benefits equitably shared amongst the above 3 States in accordance with a common agreement

(VI) Madhya Pradesh agrees to ths taking up of Taliperu Project by Andhra Pradesh involving a use of 5 TMC (Gross) of water out of the 300 TMC agreed to in clause I and to the submersion of river bed only in Madbya Pradesh. Andhra Pradesh agrees to put up at its cast such protective measures as would be necessary in consultation with Madhya Pradesh to prevent submersion of other areas in Madhya Pradesh.

(VII) The States of Madhya Pradesh and Andhra Pradesh agree that nothing in this agreement will be treated as o concession by either State in respect of any of their con- tentions in any other water dispute with any other State or with respect to the dispute regarding the sharing of the balance of water in Godavari and its tributaries.

(VIII) The States of Madhya Pradesh und Andhra Pradesh agree that this agreement will be furnished to the Govern- ment of India and they would be requested to expedite the clearance of the projects. This Agreement will also be jointly filed before the Godavari Water Disputes Tribunal at the appropriate time.

Sd/-

Sd|-

(P. C. Sethi)

(J. Vengala Rao)

Dt. 7-11-75 Dt. 7-11-75

Chief Minister Chief Minister

Madhya Pradesh Andhra Pradesh

ANNEXURE IV

Agreement between the States of Orissa and Madhya Pradesh on 9-12-1975

Th£ discussions related to the use of water of the Godavari basin and the clearance of projects of Madhya Pradesh and Orissa.

2. After full discussion, the following agreement was arrived

at :—

Proceedings of the meeting between the Chief Ministers of Orissa

and Madhya Pradesh held at New Delhi on the 9th December 1975.

The following were present,—

ORISSA

1. Smt. Nandini Satpathy,

Chief Minister,

2. Shri Dibyaiochan Shekhar Deo, Minister for Irrigation & Power.

3. Shri B,K. Mishra,

Additional Development Commissioner.

4. Shri N.R. Hota,

Secretary, Irrigation and Power.

5. Shri Suresh Chandra Tripathy, Chief Engineer, Irrigation.

6. Shri K.S.R. Chandran, Special Commissioner, Liaison.

7. Shri R.K. Rath,

Secretary to Chief Minister.

8. Shri Govind Das, Senior Advocate.

9. Shri M. Lath,

Executive Engineer.

MADHYA PRADESH

1. Shri P.C. Sethi,

Chief Minister

2. Shri V.R. Uike,

Minister for Irrigation and Electricity.

3. Shri Aziz Qureshi,

Minister for State for Irrigation and Electricity.

4. Shri Manish Bahl,

Secretary, Irrigation and Electricity.

5. Shri K.L. Handa,

Irrigation Adviser.

6. Shri Y.S. Chitale, Senior Advocate.

7. Shri R.C. Jain,"

Commissioner, Madhya Pradesh.

8. Shri V.M. Chitale, Deputy Secretary, Irrigation.

9. Shri H.V. Mahajani,

Supsriatending Engineer.

I. Pending final allocation of the Godavari water, Madhya

Pradesh and Orissa will be free to use additional gross quantity of 300 TMC and 200 TMC respectively, out of the water of the Godavari basin below Pochampad Dam site for new projects in such manner as they deem fit.

II. In agreeing to 200 TMC referred to in Clause I for Orissa, Madhya Pradesh on its part has taken into account the estimated requirements within the basin only. All the utilisation by Orissa and Madhya Pradesh contemplated in the various Clauses shall be only as a part of the 200 TMC and 300 TMC respec- tively agreed to in Clause I above. The States of Orissa and Madhya Pradesh will not be entitled on the basis of the subse- quent Clauses to utilise in any way more than 200 TMC and 300 TMC respectively.

III. Below the dam sites of the Upper Indravati Project, as proposed by Orissa, there is a catchment area of about 1,855 sq. miles in the Indravati Sub-basin upto Orissa border with Madhya Pradesh. From this catchment there is some natural flow across the Jaura Nallah to Sabari (Kolab) river. It was agreed that Orissa will ensure at its border with Madhya Pradesh a flow of 45 TMC in the Indravati and its tributaries at 75 per cent dependability for use by Madhya Pradesh. In the years of shortage, the shortage will be shared proportionately between the two States and the assurance of flow in the Indra- vati and its tributaries, referred to above, will stand propor- tionately reduced. Both the States agree to joint gauging at suitable points to ascertain the yield data and to ensure the flow of 45 TMC at 75 per cent dependability or the proportiona- tely reduced flow in years of shortage that has to flow below the common border. The figure of 45 TMC is on the assump- tion of total yield of 204 TMC from the Indravati sub-basin in Orissa and 91 TMC utilisation for the Upper Indravati Pro- ject. If the assessment of 204 TMC is found to be high and the correct figure is lower than 204 TMC and the utilisation for the Upper Indravati Project gets reduced from the figure of 91 TMC then the figure of 45 TMC will get reduced in the same proportion as the reduction in the figure of 91 TMC.

IV. In view of the agreement incorporated in the above

clauses, Madhya Pradesh agrees to the clearance and execution of Upper Indravati Project, as proposed and submitted by Orissa (o the Government of India. Orissa also agrees to the elearnace and execution of Bodhghat Project, as may be modified by Madhya Pradesh taking into account the water availability specified in Clause JH.

V. It is agreod that Madhya Pradesh and Orissa will consider the feasibility of taking up joint projects in the Sabari Sub- basin from the point Sabari (Kolab) river forms the common boundary between both the States upto the point where it joins the Sileru river, on the basis of common agreements to be drawn up at appropriate time. The hydel power and (he cost debitable to generation of such power will be shared equally between the two States in these projects. The costs and benefits of irrigation, if any, from these projects will also be equitably shared among both the States, Orissa will be free to make beneficial use of the water of this river abovo the common boun- dary point and lying in its territory in such manner as it deems fit.

1121

VI. Notwithstanding the agreement on the joint projects on the river Sabari (Kolab) mentioned in Clause V, if there is any submersion of land and properties of either State by other projects sponsored by the other State or any other State in the Godavari basin, the question of submersion and the problems connected therewith will have to be mutually settled before execution of such projects.

VII. Madhya Pradesh and Orissa agree that nothing in this agreement will be treated as a concession by either State in respect of any of their contentions in any other water dispute with any other State or with respect to the dispute regarding the sharing of the balance of water in Godavari and its tribu- taries.

V1T1. Madhya Pradesh and Orissa agree that this agreement will be furnished to the Government of India and they would be requested to expedite the clearance of the new projects, This agreement will also be jointly filed before the Godavari Water Disputes Tribunal al the appropriate time.

S d /-

Sd/—

9-12-1975

9-12-1975 (P. C. Sethi) (Nandini Satpathy) Chief Minister, Chief Minister,

ORISSA Madhya Pradesh

(True copy as received from the Chief Minister, Orissa under D.O. letter No. 7173 dated 9-12-1975 to the Union Minister of Agriculture & Irrigation).

Sd/—

(H. J. Desai)

Deputy Secretary (F) Ministry of Agriculture & Irrigation

(Department of Irrigation)

ANNEXURE "B"

Agreement entered into between the States of Maharashtra

Madhya Pradesh and Andhra Pradesh.

On the basis of scries of discussions held between the repre- sentatives of the States of Maharashtra, Madhya Pradesh and Andhra Pradesh, the following Agreement is arrived at regarding the sub-basinwise allocations of the waters of the Godavari and its tributaries downstream of the Pochampad Dam in the State of Andhra Pradesh, (he projects therein and other allied matters taking into consideration the allocations already agreed to under, the Inter-State Agreement dated 19-12-1975 and in furtherance of the same and as a supplement thereto for final allocations of all the waters of the various sub-basins mentioned herein;

(I) G-5 Middle Godavari sub-basin:

(1) Maharashtra.—The State of Maharashtra can use a quantity of 0.4 TMC of water in the Middle Godavari sub-basin for the existing, under construction and proposed projects/ schemes downstream of the Pochampad Dam.

(2) Andhra Pradesh—The State of Andhra Pradesh can use all the remaining waters in the Middle Godavari sub-basin downstream of the Pochampad Dam.

II. G-6 Manair Sub-basin:

Andhra Pradesh.—The State of Andhra Pradesh can use all

he waters of the Manair sub-basin.

III. G-7 Penganga Sub-basin:

(1) Maharashtra—(A) The State of Maharashtra can use all

the waters upto:

(i) Lower Penganga Project site near Chikal Wardha on Penganga river, Lat. 19°-55'N and Long. 78"-lJ' E subject to the condition that the Lower Penganga Project would be taken up as a joint Project. The details of the joint project will be negotiated separately by the States of Maharashtra and Andhra Pradesh.

(ii) Waghadi Project Dam site on the Waghadi river near village Yolbara, Lat. 20°-12'-30'N and Long. 78"-18'-10' E.

(iii) Saikhcda Dam on Khuni river near village Lingti, Lat.

2O"-O6'-.1O" N and Long. 78°-28'-15' E.

(B) In addition to the use of all the waters of the Penganga sub-basin upto the points as specified in clause (iii)(l) (A) (i) to (A) (iii) above, the State of Maharashtra can use from the waters of the rest of the Penganga sub-basin 9 TMC for its existing under construction and proposed schemes/projects each of which individually will not exceed an annual use of 1.5 TMC.

(2) Andhra Pradesh.—The State of Andhra Pradesh can use

all the remaining waters of the Penganga sub-basin,

(IV) G-8 Wardha Sub-basin:

(1) Madhya Pradesh.—(a) The State of Madhya Pradesh in terms of the Agreement relating to certain inter-State irrigation and hydel projects between Madhya Pradesh and Maharashtra dated 18th December, 1968 can use 9 TMC for its existing, under construction and proposed schemes/projects which are located upstream of the contemplated Upper Wardha Project of the State of Maharashtra.

(b) In addition to the use of the waters in clause(IV) (1) (a) above, the State of Madhya Pradesh can use a quantity of 1 TMC for its existing, under construction and proposed schemes/ projects in the remaining portion of the sub-basin.

(2) Maharashtra.—(i) Subject to the use by the State of Madhya Pradesh as stipulated above, the State of Maharashtra can use all the waters of the river Wardha and/or its tributaries for its existing, under construction and proposed p^ojects/sch'srn'JS upto the following points;

(a) Upto TuUna Project, Lat. 20'- 12'N and Long. 78U-57TE on the Wardha river at Tulana village subject to Para (IV) (1) (a) and (b) above.

(b) on tho tributaries of the Wardha river joining down-

stream of the Tulana Project site upto:

(i) Chargaon Project (under construction) across Chargaon river Lat. 20°-23'-20"N and Long. 79°- 1O'-45'E;

(ii) Nirguda Project, Lat .20°-03'-N and Long. 78°-53 '

E; and

(iii) Bandara Project Lat. 19MO'15"N Long. 79°-2¹'55"

E.

fii) In addition to the use of water unto the Drojecti as spsci- fied)nc1auses(TV)(2)(i)(a)&(b), the following uses are agreed to for the schemes existing, under construction and proposed in the Wardha sub-basin downstream of the project sites, mentioned above.

(1) Mudhali Project 2.80 TMC

(2) Lift Irrign. from Dhanora weir 2.70 „

(3) Lift Irrign. from Mared weir 2 80 „

(4) Lift Irrign. from Kalmana weir 2.00 „

(5) Lift Irign. from Tohegaon weir 1,60 „

(6) Lift Trrign. from Sonapur weir 2.00 „

(7) Usagaon Bulsani and Chandur Lift Irri-

gation Schemes 3,00 „

(8) Other Schemes each of which individually

utilising not more than 1.5 TMC 9.10 „

Total :

26.00 „

provided that in the event of full quantity of water agreed to be allocated for any of the Items 1 to 7 above can not be sanctioned for use at any of those projects, the balance of the quantity of water allocated herein above for projects at items t to 7 above can be sanctioned for use by the State of Maharashtra in any of the other projects as specified In items 1 to 8 subject to the condition that the total uses of all such sanctions for the projects as spe- cified in items 1 to 8 shall not exceed 26 TMC.

(3) Andhra Pradesh.—The State of Andhra Pradesh can use

all the remaining waters of the Wardha sub-basin.

(V) G-9 Pranhita sub-basin :

(i) Madhya Pradesh.—(A) The State of Madhya Pradesh can use all the waters for the various existing, under construction and proposed projects/schemes in the Pranhita sub-basin upto the sites indicated below:

Kanhan sub-Valley :—

(a) Nandna Dam site across the tributary of river Kanhan. near village Nandna. Lat. 22°-13'-0" N and Long. 78° 28'-48" E.

(b) Chenkatwari Dam site across the Kanhan near village

Piparia.

Lat. 22°-12'-24"N and Long. 78°-26'-48" E.

(ii) Amla Integrated Project.

(u) Amla Dana site across Bel river near village Amla Lat

21M5'-0' N and Long. 78°-O8-'5O" E.

(b) Parsadi Dam site across the tributary of Bel river near village Parsadi. Lat. 21°-56'-35" N and Long. 78°-12'-0" E.

(c) Dhutmur Dam site across the tributary of Bel river near village Dhutmur. Lat. 21°-58'-O"N and Long. 78M3' 0'E,

(d) Mohali Dam site across the tributary of Bel river near village Mohali. Lat. 21°-58'-0"N and Long. 78M2- 0"E.

(HI) Dokdoh Integrated Project.

(a) Dokdoh Dam site across the Dokdoh Nalla near village

Dokdoh,

Lat. 21°-33'-50"N and Long. 78°-44'-15" E.

(b) Chirkutagondi Dam site across the tributary of the Jamnalla near villag* Chirkutagondi Lat. 21°-35'-0"N and Long. 78°-41'-O"E.

(c) Khairl Dam site across the tributary of the Kanhan near village Khairi. Lat. 21°-31'-0"N and Long. 78°-5O-O* E.

(d) Chhindwani Dam site across the tributary of Dokdoh Nalla near village Chhindwani. Lat. 2r-34'-0"N and Long. 78°-45'-40"E.

(iv) Mohgaon Integrated Project.

(a) Mohgaon Dam site across the Sampna Nalla near

village Mohgaon,

Lat. 21°-38'-55* N and Long. 78°-43'-3O" E.

(b) Jamlapani Dam site across the Satkl Nala near village

Jamlapanl. Lat. 21°-40'-20*N and Long. 78°-43'-20"E.

(c) Khurpara Dam site across the Khurpara Nalla near vill - age Ambakhapa. Lat. 21°-39'-0'N and Long. 78°-4O'-0"E

(d) Jam Nalla Dam site across the Jam Nalla near village Kondar. Lat. 21°-38'-0*N and Long. 78°-38'-0"E.

(V) Sovana Nalla Project.

(a) Sovana Dam site across Sovana Nalla near village Badosa. Lat. 21M1'-15'N and Long. 78°-53'-4O'E.

(B) Downstream of the project sites as specified in clause(V) (1) (A) above, the State of Madhya Pradesh can use an additional quantity of 14 TMC for its existing, under construction and pro- posed projects/schemes each using not more than 1.5 TMC annually.

(Q (a) The State of Maharashtra has suggested the need of creating certain storages in the territory of the State of Madhya Pradeh to regulate water for use in the State of Maharashtra. In this particular situation as a special case the State of Madhya Pradesh has agreed to construct or augment storage/storages across the Kanhan at lites within its territory, location of which will be decided by the State of Madhya Pradesh, for regulation of 15 TMC of the Kanhan flows at 75 per cent dependability for use in the State of Maharashtra between 15th October to 30th June. As these storages will be created for the State of Maharashtra, the entire cost of these storages or augmentation as the case may be including the cost of compensation for lands, properties and rehabilitation etc, will be incurred as per the norms for such works in vogue in the Country at the time of the construction of the project and will be borne entirely by the State of Maharashtra. The details of provision of such storate/storages or augmentation would be mutually settled by the two State Governments at the appropriate time later.

(b) The State of Madhya Pradesh can generate power, by

bearing the cost of power component only at the storage/storages as specified in clause (V) (1) (C)(a) above, without any power to be allocated to the State of Maharashtra. The power component is not to include any cost on account of the dam/storage.

(c) The State of Madhya Pradesh can construct at its cost a low dam/pick up weir or such other structure as may be nece- ssary, below the storage/storages as mentoned in clause(V) (1) (C)(a) above at any future date, in order to improve the peaking capability of the power system within the State.

(d) The State of Maharashtra for its use of 15 TMC as regu- lated by storage/storages as specified in clause (V)(l)(C)(a)above, agrees to construct pickup weir, downstream, in its territory with adequate pondage to cater for the fluctuating releases in consul- tation with the State of Madhya Pradesh.

(D) The State of Maharashtra has proposed a pickup weir at Temurdoh across the Kanhan, which will cause submergence in the State of Madhya Pradesh. The details of extent of sub- mergence are not yet indicated. The State of Madhya Pradesh agrees to consider the proposal when the details of submergence are known, provided the submergnce is kept to a minimum and Is acceptable to the State of Madhya Pradesh.

The provision of compensation for lands, properties and re- habilitation etc, will be made as per the norms for such works being adopted in the country at the time of the construction of the project and will be borne by the State of Maharashtra-

(E) The State of Madhya Pradesh can lift water from the river Kanhan and its tributaries within its territory and down stream of the storage/storages as specified in clause(V)(l)(A). The use will be within the use of 14 TMC as specified in clause (V)OXB) above, and without prejudice to the right of the State of Maharashtra for tho flow of 15TMC of regulated water as specified in clause(VXl)(C)(d) above.

(F) Rest of the Wainganga sub-valley.

The State of Madhya Pradesh can use all waters in the Wd in

ganga sub-valley upto the sites mentioned below:—

(a) The Dhuti weir across the Wainganga near village Dhut

(b) The following project sites on the tributaries of the Wainganga, joining downstream of ths Dhuti weir.

(1) Mahakari dam site across the Mahakarl river nea village Lamta, Lat. 22°-07'-55"N and Long. 80°- O7M5"E.

(2) Nahara Multipurpose Project.

(i) Nahara dam site across Nahara river near vil- lage Warurgato.

Lat. 22°-O5'-3O"N and Long. 8O°-19'-35"E,

(il) Diversion site across Nahara river near village

Khami.

Lat. 22°-04U2"N and Long. 8O°-13'-3O"E.

(3) Son Multipurpose project.

(i) Son dam site across river Son near village Baigatola. Lat. 21M2'-30"N and Long. 80°- 40'-0"E.

(ii) Diversion site across Son river near village Sarra. Lat. 21°-32'-J5"N and Long. 8O°-38'- 0*E.

505 G.I./80—5

H23

(4) Deo Ama Multipurpose Project.

(i) Deo Dam site across DJO river near

village Sukalpat. Lat. 2r-47'-30" N and Long. 8O°-33'-O*E.

(ii) Ama Dam site across Ami river nsar village

Bithli. Lat. 21 °-52'-3O"N and Long. 80°-30'-5O* E.

(iii) Diversion site across Deo riv;r n^ar villag;

Bhagatpur.

Lat. 21°-45'-35*N and Long. 80°-29'-0'E.

(5) Karadi tank across Pandharipat Nalla near village

Karadi.

Lat. 21°-25'-0"N and Long. 8O^35'-O"E.

(6) Sarathi Tank across Sarathi nalla near village.

Tikari. Lat. 21°-56'-0'N and Long. 79°-58'-50"E

(7) Nahlesara tank across Chandan river near village Nahlesara. Lat. 21°-49'-30"N and Long. 79°-40'-30" E.

(8) Daidburra tank across Katanga nalla near villagt Daidburra. Lat. 21-"41'-24"N and Long. 79°-53'-0' E.

(G) The State of Madhya Pradesh can use the waters of the river Bagh upto the Pujaritola pick up wsir and the waters of the river Bawanthadi upto Sitekasa dam site; and waters of the river Pench upto tho Totladoh Dam, in accordance with the Agreements already entered into, or as may be agreed to in future between tho States of Madhya Pradesh and Maharashtra for use of waters upto these sites.

(H) Downstream of the project sites as specified in clause (VX1XF) and (V)(1)(G) above, the State of Madhya Pradesh can use an additional quantity of 59 TMC for its existing, under cons- truction and proposed projects/schemes each using not more than 1.5 TMC annually.

(I) The State of Maharashtra has suggested the need of creating certain storages in the territory of the State of Madhya Pradesh to regulate water for use in the State of Maharashtra. In this perticular situation as a special case, the State of Madhya Pradesh agrees to make provision of suitable additional storago at one or more than one project/projects out of those speci- fied in clause (V) (1) (F) above to be decided by the State of Madhya Pradesh, for the regulation of 15 TMC of water at 75 per cent dependability for use in tho State of Maharashtra lower down during 15th October to 30th June, The entire cost of such additional storago/storages or augmentation for the above regulation will be borne by the State of Maharashtra. The cost to be borne by the State of Maharashtra will also include tho cost on account of compensation for land and pro- pertios and rehabiliiation etc., as per the norms for such works in vogue in the Country at the time of the construction of the project. This quantum of 15 TMC would be made available out of the waters which the state of Madhya Pradesh can use as specified in clause (V) (1) (F) above. The details of provisions of tho necessary storages for this regulation will be mutually settled by the two State Governments at the appro- priate time later.

(ii) The State of Madhya Pradesh can generate power from such storage/storages by bearing the necessary costs of power component only at the storage/storages as specified in clause

(V) (\) (F) above, without any power to be allocated to the Stat" of Maharashtra, The power component is not to include any cost on account of the dam/storage.

(iii) The State of Madhya Pradesh can provide at its coat a low dam/pickup weir or such other structure as may be ne- cessary downstream of the Project sites as specified in clause (V) (1) (F) in order to improve the peaking capability of the power system within the State.

(iv) The State of Maharashtra for its use of 15 TMC as spe- cified in clause (v) (1) (F) above agrees to construct a pickup weir downstream in its territory with adequate pondage to cater for the fluctuating releases, in consultation with the State of Madhya Pradesh.

(2) Maharashtra._(A) Subject to what has been stated above regarding use of the Pranhita sub-basin waters by the State of Madhya Pradesh, the State of Maharashtra can use all waters of the river Wainganga and/or its tributaries upto the following points :

(i) Gosikhurd Project site on the Wainganga river near

village Gosikhurd,

Lat. 2O'-51'-O"N and Long. 79^37'-20*E.

(ii) Lower Chulbund Dam site on the Chulband river

near village Bonde.

Lat. 21°-02'-0*N and Long. 79°-57'-O* E.

(iii) Itiadoh dam on the Garvi river near village Gothangaon.

Lat. 20°-47M5*N and Long. 8O°-1O'-O5*E.

(iv) Satti Project site on the Satti river near village Palasgad.

Lat. 2O°-38'-O' N and Long, 80°-17'-0'E.

(v) Lowar Tultuli dam site on the KJnbragadi river near

village Tultuli.

Lat. 20=-26'-

(vl) Lower Kathani dam site on the Katrwni river near

village Rajoli.

Lat. 20°-14'-30' N and Long. 8O°-75'-3O"E.

(vii) Karwappa Project dam site on Karwappa Nalla near

village Nakkaponli.

Lat. 20"-0T-4(fS and Long. 80°-13'-40" E.

(viii) Bhimkund dam site on the Pohar river near villane

Wakri.

Lat. 19°-55'-O' N and Long. 79°-58'-30" E.

(ix) Dina dam on the Dina river near village Rrgree Lat. 19°-45'-0'N and Long. 80°-07'-0* E.

(x) Buti nala dam site on the Buti nala near village Panoti

Lat. 20°-39'-O'N and Long. 79°-48'-0" E.

(xi) Gardi Project dam site on the Gardi nalla near village

Chandgaon Khurd.

Lat. 20=>-35'-20'N and Long, 79°-50'-0" E.

(xii) Nimghat dam site on the Nimghat Dhoda nalla near

village Mendki.

Lat. 20°-28'-U* N and Long. 79M8'-50*E.

(xiii) Asolamendha dam on the Pathri river near village

Asolamendha.

Lat. 20M2'-15'N and Long. 79°-50'-O" E.

(xiv) Ghorajhari dam on the Bokardho nalla near

village Ghorajhari,

Lat. 20°-32'-0"N and Long, 79°-38--0" E.

(xv) Human nalla dam site on the Human nalla near village

Chirkhada.

Lat. 20°-14'-0" N and Long, 79°-34'-35" E.

(xvi) Naleshwar dam on the Upsa nalla near village Nelesh-

war.

Lat, 2O°-15'-O" N and Long. 79°-35'-35" E.

(xvii) Andhari dam site on the Andhari river near village

Pahami.

Lat. 20°-O6'-O*N and Long. 79°-28'-0" E.

(B) In addition to the use of all the waters of the river Wainganga and/or its tributaries upto the points as specified in clauses (V) (2)(A)(i) to (V)(2)(A)(xvii) above, the State of Maha- rashtra can use, from the waters of rest of the Pranhita sub- basin 41 TMC for its existing, under construction and proposed schemes/projects using annually not more than 1.50 TMC individually.

(3) Andhra Pradesh.—(A) The State of Andhra Pradesh

can use the remaining waters of the Pranhita sub-basin.

(B) It is also agreed that Pranhita Hydro-electric Project ig not viable and therefore has to be given up. However, the States of Andhra Pradesh and Maharashtra agree to have barrage/barrages across the Pranhita river at suitable sites so that they may provide irrigation facilities in their areas. The quantum of water that will be used by Maharashtra from these barrages will be recknoed against 41 TMC as specified in clause (V)(2)(B) above. The joint Project/Projects for such barrages are to be taken up after reaching separate Agreement/Agree- ments for them, between the States of Maharashtra and Andhra Pradesh, either for the benefit of both the States or one State.

(VI) G-10 Lower Godavari sub-basin : (1) —Maharashtra.— The State of Maharashtra can use upto 1 TMC for its existing, under construction and proposed schemes/projects in the Lower Godavari sub-basin.

(2) Madhya Pradesh.^(A) The State of Madhya Pradesh

can use all the waters upto the following sites.

(a) Mukpara (Sankampalli) Project. Mukpara dam site

across Talperu river near village Mallepalli.

Lat. 18⁰-36'-43"N and Long. 80°-56'-45"E.

(b) Tummal vagu dam site across Tummal vagu near village

Junaguda,

Lat. 18°-25'-33'N and Long. 81°-O3'32* E.

(c) Joranvagu Integrated Pioject. (i) Joranvagu dam site

across Joranvagu near village Durma. Lat. 18°-27'-26"N and Long. 81°-13'-36* E.

(ii) Dhondivagu dam site across Dhondivagu near village Kamaram,

Lat. 18°-24'-10*N and Long. 81°-13'-2O" E.

(d) Malavagu Project.

Malavagu dam site across Malavagu near village Chintalnar.

Lat. 18°-21'-35" N and Long. 81°-ll'-48" E.

(e) Raspalle Project.

Raspallo dam site across tributary of Chinta river near village Raspalle.

Lat. 18°-12'-0* N and Long. 80"-58'-38' E.

(B) Downstream of the projects as specified in clause (VI)

(2) (A) above, the State of Madhya Pradesh can use an additional quantum of 9 TMC for its existing, under construction and pro- posed schemes/projects each using not more than 1.5 TMC annually.

(C) The State of Madhya Pradesh agrees to the submer- sion of its river bed only due to the Taliperu project of the State of Andhra Pradesh. The State of Andhra Pradesh agrees to put up at its costs, such protective measures as would be necessary in consultation with the State of Madhya Pradesh, to prevent submergence of other areas in the State of Madhya Pradesh due to aforesaid project. The State of Andhra Pradesh agrees to forward the details of submergence in the State of Madhya Pradesh along with the project Report. The constru- ction of the project would be taken up in hand after mutual agreement to the submergence and measures to protect the flooding of tho area of the State of Madhya Pradesh.

(D) (a) The States of Madhya Pradesh, Maharashtra and Andhra Pradesh agree to take up the Inchampalli Multi- purpose Project as a joint venture with an FRL and MWL as may be agreed to by the three States. The project will be surveyed, planned, executed and subsequently operated and maintained under the directions of a Tripartite Interstate Con- trol B°ard, duly constituted for this purpose by the three States concerned. The State of Andhra Pradesh cannot divert for its use more than 85 TMC directly from the Inchampalli reservoir. No part of the reservoir losses at Inchampalli shall be debi- table to the shares of water agreed to for the States of Maha- rashtra and Madhya Pradesh herein above or hereunder in this Agreement. The balance available water shall be used for power generation at Inchampalli Power House. The compen- sation for the acquisition of lands and properties belonging to both the Government as well as private parties would be char- ged to the construction of storages. The provision for the reha- bilitation of the oustees will be made as per the norms for such works la vogue in the Country at the time of the construction of the project and charged to the construction of storage.

(b) The State of Andhra Pradesh shall bear 78.10 per cent of tho cost of Inchampalli storage, the State of Maharashtra shall bear 10.50 per cent and the State of Madhya Pradesh shall bear 11.40 per cent.

(c) The power generation at Inchampalli and the cost of power component, excluding the storage cost, shall be shared between the States of Madhya Pradesh, Maharashtra and Andhra Pradesh in the proportion of 38, 35, 27 per cent, respectively. After generation of power the State of Andhra Pradesh can use the water released in any manner they like.

(d) The States of Madhya Pradesh, Maharashtra and Andhra Pradesh would bo free to use 3 TMC, 4 TMC and 5 TMC, respectively, by lifting water from the Inchampalli reser- voir for use in their own territory without bearing any cost of the storage. The quantum of this use will be accounted for aga- inst the provision under clauses (VI) (2)(B) and (VII) C) for

1125

the State of Madhya Pradesh; and clauses (in) (1) (B), (TV) (2) (II), (V) (2) (B), (VI) (1) and (VII) (E) for the State of Maha- rashtra; and out of 85 TMC specified in this clause for the State of Andhra Pradesh.

(e) Tho States of Madhya Pradesh, Maharashtra and Andhra Pradesh would be free to develop pisciculture and boating facilities in their own territories under submergence. The sovereign rights over the submerged lands upto their terri- torial limits shall continue to vest with the respective States.

(f) The three States agree that the FRL/MWL as may be agreed to for the Inchampalli reservoir shall be only on the express condition that any of the provisions, facilities given for utilisation of waters of the Godavari and its traibutaries, to each other in this Agreement herein above or hereunder is not at all disturbed.

(g) Navigational facilities at the Inchampalli reservoir shall be allowed free to the States of Madhya Pradesh, Maharashtra and Andhra Pradesh.

(h) A pumped storage scheme may be introduced below tho Inchampalli reservoir as part of the Inchampalli project Hydro- electric Component. Such a scheme may be constructed even by one or two of the three States and the other State or States may later share the benefits of the said scheme by paying their share of the cost of the scheme as may be mutually agreed to.

(3) Andhra Pradesh.—The State of Andhra Pradesh can use

the remaining waters of the Lower Godavari sub-bagin.

(VII) G-ll Indravati sub-basin :

(A) (i) Subject to the provisions of the Inter State Agreement dated 19-12-1975 affirming the bilateral Agreement dated 9-12-1975 between the States of Orissa and Madhya Pradesh, and any equitable allocation that may be made to the State of Orissa by the Godavari Water Disputes Tribunal in the Indravati

sub-basin, the State of Madhya Pradesh upto the Bhopalpatnam Hydro-electric Project Lat. 19°-03'-45"N and Long. 80M9'-O5"E across the Indravati river (a joint project between the States of Madhya Pradesh and Maharashtra) can use 273 TMC for its various existing, under construction and proposed schemes/ projects. This quantum includes the share of evaporation loss of the State of Madhya Pradesh at the Bhopalpatnam I Hydro- electric Project.

(ii) The State of Andhra Pradesh agrees that the States of Maharashtra and Madhya Pradesh may introduce Pumped Storage Scheme in their joint Bhopalpatnam Hydro-electric Pro- ject on the Indravati at any stage, making use of the Inchampalli reservoir on the downstream. No cost of Inchampalli storage will be debitable to Bhopalpatnam Hydro-electric Project on this account. However, there will be no obligation to maintain any specific level at any time at the Inchampalli reservoir to suit the above Pumped Storage Scheme.

(B) The State of Madhya Pradesh, in addition to the use a agreed to in clause (VII) (AXO above can use all the waters upto the following project sites on the tributaries joining the Indravati downstream of the Bhopalpatnam I Hydro-electric Project

site: .

(i) Chintavagu Project site on Chintavagu near village

Pavrel—Lat. 18°41'-25*N Long. 80°-4O'-47'E.

(ii) Jallavagu Project site on Jallavagu near village Chillr-

marka—Lat. 18°-56'-34"N Long. 80°-21'-34*E.

(iii) Kothapalli Integrated Project across tributary of Chinta-

vagu.

(a) Kothapalli Project site Lat. 18°-4O'-54"N. Long.

80°-34'-54"E.

(b) Minor Project site Lat. 18M5'-24*N. Long. 80°-28'-

13"E.

(Q The State of Madhya Pradesh can use an additional quan-

tity of 19 TMC downstream of the project sites as specified in clauses (VII) (A) (i) and (VII) (B) above for its existing, under construction and proposed projects/schemes each using not more than 1.5 TMC annually.

(D) The State of Maharashtra can use 34 TMC for its existing, under construction and proposed project/projects upstream of Bhopalpatnam I Hydro-electric Project. This includes the share of evaporation losses of Maharashtra at the Bhopalpatnam I Hydro-electric Project.

(E) The State of Maharashtra can use an additional quantum of 7 TMC downstream of the Bhopalpatnam I Hydro-electric Project for its existing, under construction and proposed projects/ schemes each using not more than 1.5 TMC annually.

(F) The above uses by the States of Madhya Pradesh and Maharashtra would be without prejudice to the Agreements con- cerning Kotri-Nibra Hydel Project, Bandia Hydel Project and Nagur II Hydel Project entered into between the two States and as ratified by both the Governments.

(G) The State of Andhra Pradesh can use the remaining waters of the Indravati sub-basin downstream of the Bhopalpatnam I Hydro-eloctric Project site of the States of Madhya Pradesh and Maharashtra.

(H) The States of Madhya Pradesh and Maharashtra agree that regulated releases after generation of power from Bhopal- patnam I Hydro-electric Project, a joint project of the two States as per the finalised scope would be available for use lower down for the Inchampalli Project another joint project of all the three States, viz., Madhya Pradesh, Andhra Pradesh and Maharashtra.

(VJTI) G-l2 Sabari sub-basin:

(A) Subject to the provisions of the Inter-State Agreement dated 19-12-1975 affirming the bilateral Agreement dated 9-12- 1975 between the States of Orissa and Madhya Pradesh, and any equitable allocation that may be made to the State of Orissa by the Godavari Water Disputes Tribunal in the Sabari sub-basin, the allocation to the States of Madhya Pradesh and Andhra Pradesh shall be as agreed to hereunder. Downstream of the point where the Sabari forms the common boundary between the States of Orissa and Madhya Pradesh (at near about Lat. 18°-55'-04"N and Long. 82°-14'-53"E), the State of Madhya Pradesh can use all the waters upto the following project sites on the tributaries of river Sabari as indicated below:—

(a) Baru Nadi Integrated Project:

(i) Barunadl site across Baru river near village Tanka- vada, Lat. 18M5'-33'N and Long. 81M8'-5O'E.

(ii) Bhimscn storage site across Bhimsen near village Bodavada, Lat. 18°-45'-O"Nand Long. 81°-55'-46"E.

(iii) Kudripal Picjkup weir site across Baru river near

village Kudripal. Lat. 18°-40'-42"N and Long. 81°-51'-3O"E,

(b) Mupari Project site across Mupari (Jamair) river near village Jamair. Lat. 18°-42'-3(rN and Long. 81u-45'-0"E.

(c) Gorali Nadi Project:

(i) Gorali dam site across Gorali nadi near village Karrjipani. Lat. 18"-32'-50/N and Long. 81 "-40'- 55"E.

(ii) Andumpal dam site across Pulnadi near village Andumpal. Lat. 18"-34'-43*N and Long. 81°-42'- 04Ti.

(d) Sailervagu Integrated Project :

(1) Mankapal dam site across Malengar river near village Mankapal. Lat. 18°-32'-06"N and Long. 81°-29'-26"E.

(ii) Sailervagu dam site across Sailervagu near village Paila. Lat. 18°-26'-12"N and Long. 81°-31'-38"E

(e) Ordeltong Integrated Project :

(i) Ordeltong dam site across tributary of Tinaraya- vagu near village Ordeltong. Lat 18°-13'-24'N and Long. 81°-24'-06"E.

(ii) Tinarayavagu dam site across Tinarayavagu near

village Korrapal.

Lat. 18°-ll'-0"N and Long. 81°-17'-56'E.

(f) Janavagu Integrated Project :

(i) Janavagu dam site across Janavagu near village Gorkha. Lat. 17°-57'-24"N and Long. 81 °-20'-15"E.

(ii) Elcmmadugu vagu dam site across Elemmadugu vagu near Jarput village. Lat. 18°-O3'-42'N and Long. 81°18'-09"E.

(B) The State of Madhya Pradesh can use an additional quantity of 18 TMC downstream of the project sites as specified in clause (VTTI) (A) above, for its existing, under construction and proposed schemes each using not more than 1.5 TMC annually.

(C) The quantum of water to meet the evaporation losses of the power projects across the Sabari, the State of Madhya Pradesh will be in addition to the quantum as specified in clauses (VIIIXA) and (B) above and this quantum would however be limited to 10 TMC while excess if any, shall be borne by the State of Madhya Pradesh out of its quantum already specified in clauses (VII) (A) & (B) above.

(D) The State of Andhra Pradesh can use the remaining waters of the Sabari sub-basin for the existing, under construc- tion and proposed schemes/projects after the uses by the State of Madhya Pradesh for projects/schemes as specified in clauses (VIII) (A) to (VIII) (C) above and the allocation that may be made by the Godavari Water Disputes Tribunal to the State of Orissa in this sub-basin.

(E) The State of Madhya Pradesh agrees subject to the State of Orissa agreeing for the construction of Polavaram Project of the State of Andhra Pradesh so that the maximum submergence in Madhya Pradesh^territory at Konta does not exceed RL+150 ft. due to all effects including back water effect. The Pola- varam Project shall be designed for the maximum probable flood in consultation with the Central Water Commission so as not to exceed the limit of submergence mentioned above. For tha submerged lands and properties both of the Government as well as private parties, the cost of compensation and rehabilitation on the basis of the norms in vogue in the Country at the time of the construction of the project shall be charged to the project Model villages with facilities/amenities etc., shall be constructed at the cost of the project before the submergence actually takes place. The sovereignty over the land shall continue to vest with the respective States. The State of Madhya Pradesh can lift 1.5 TMC from the Polavaram lake for its use within its territory without bearing any cost of storage and this use shall be out of the allocation agreed to for the States UJ in clause (VIII).

(F) The State of Madhya Pradesh can transport its forest or mineral produce through all navigational facilities/lock etc., which shall be provided by Andhra Pradesh at its own cost at Polavaram. These facilities will be available to the State of Madhya Pradesh at the Polavaram Project, at the rates applica- ble to the State of Andhra Pradesh for their own cargo at Pola- varam. The State of Madhya Pradesh can develop and exploit pisciculture and boating facilities in its own territory.

(IX) General Clauses :

(1) (a). The States of Madhya Pradesh and Maharashtra may vary the Location of sites of projects using more than 2.5 TMC annually which have been specifically mentioned in the above paragraphs by informing the lowest State/States. If as a result of shifting or alteration in the case of any such specified sites upto which a State has been permitted to use all the water more or less catchment area than what is indicated in above clauses is intercepted, a corresponding reduction/increase will be made in the catchment area of other specified sites, so that the total catchment area allowed for each State for interception of all the water is not exceeded.

(b) It is also agreed that with respect to projects as specified in clauses (III) (1) (B), (V) (1) (B) and (H), (V) (2) (B), (VI) (2) (B), (VII) (C), (VII) (E), (VIII) (A) and (VIII) (B) and if there is a marginal increase of utilisation over 1.5 TMC but not exceeding 2 TMC for each project, such increase may be permitted by mutual consultation between the State concerned and the lower Riparian State/States, provided that the total utilisation as specified in each of the said clauses is not exceeded by the concerned State.

(2) In the above Agreement, wherever specified quantities of the water has been mentioned as permitted use by any Stato

1127

it is agreed that the use shall be measured in the manner indi- cated below :—

Use Measurement

(i) Irrigation use 100 percent of tho quantity diverted or lifted from the river or any of the tributaries or from any resorv- oir, storage or canal and 100 per- cent of evaporation losses in these storages.

(ii) Power use 100 percent of evaporation losses in tho storage.

(iii) Domestic and by 20 percent of the quantity of water Municipal Water diverted or lifted from the river Or Supply within the any of its tributaries Or from any basin. reservoir, storage or canal.

(iv) Industrial use by 2.5 percent of the quantity of wa- within the basin. ter diverted or lifted from the river or any of its tributaries or from any reservoir or storage or canal,

(v) All uses outside 100 percent of the quantity diverted or the basin. lifted from the river or any of the tributaries or from any reservoir, storage or canal.

(3) It is agreed that in using the waters permitted to each State in the above Agreement no State can construct projects other than those already specifically agreed to, submerging the territory of another State/States, without the prior consent of that State for such submergence.

(4) It is agreed that all the States can make use of underground water within their respective State territories in the Godavari basin and such use shall not be reckoned as use of the water of the river Godavari.

(5) The sub-basins referred to in the Agreement are according to the division of Godavari Basin into Sub-basins made in the Report of the Krishna Godavari Commission in Chapter III paragraph 4,27 at page 28.

(6) Use shall include any use, made by any State of the water

of the river Godavari and its tributaries for domestic, muni- cipal, irrigation, industrial, production of power, navigation, pisciculture, wild life protection, recreation purposes and evapo- ration losses from the storages created for the above purposes,

(7) All the levels mentioned in the clauses above are with

reference to the G.T.S- levels.

(8) This agreement is subject to ratification by the respective State Government of Maharashtra, Madhya Pradesh and Andhra Pradesh.

Dated the 7th August, 1978.

Sd/-

Sd/-

(V.R. Deuskar)

(R.K. Tikiu)

Secretary, Irrigation Department Secretary, Irrigation & Power

Government of Maharashtra. Departments, Government

of Madhya Pradesh.

Sd/-

(M. Gopala Krishnan)

Secretary, Department of Irrigation & Power, Government of Andhra Pradesh.

ANNEXURE "C"

Annexure I—Godavart

Summary Record of the Discussion of the Meeting beld between the Chief Ministers of Karnataka and Andhra Pradesh at Banga- lore on 4"h August 1978.

The following were present :

Karnataka Andhra Pradesh

1. Sri D. DevaraJ Urs, 1. Dr. M. Chennareddy

Chief Minister Chief Minister

2. Sri N. Narasimha Rau, 2. Sri, G.V. Sudhakara Rao,

Chief Secretary Irrigation Minister

3. Sri J.C.Lynn, 3. Sri M. Gopalakrishnan,

Secretary to Secretary, Chief Minister Irrigation & Power

4. Sri B.C. Angadi, 4. Sri B. Gopalakrishna Murty

Special Secretary, Adviser, P.W. & E. Deptt. (Irrigation) Irrigation & Power

5. Sri S. R. S. Sastry, 5. Sri K.R. Chudamani,

Chief Engineer, W.R.D.O. Adviser, Irrigation & Power

6. Sri B. Subramanyam, 6. Sri M. Satyanarayana Singh,

Chief Engineer, Special Officer, Bangalore Water Supply Water Resources & Sewerage Board.

After discussion, the following points were agreed to

Andhra Pradesh and Karnataka agree that Karnataka would-

in addition to its existing utilisation above the proposed Singur project in the Manjra sub-basin and the utilisation for Karanja and Chulkinala projects, as per the agreement of 17-9-1975 read with the agreement of 19-12-1975 utilise one TMC of water more for lift irrigation from the Manjra river.

2. In order to utilise this quantity or any other additional quantity that may be agreed to later, on the Manjra, Karnataka may put up such pondage as may be necessary and as may be agreed to between Andhra Pradesh and Karnataka to utilise one TMC of such additional agreed quantities as may become available for this purpose.

3. Andhra Pradesh and Karnataka agree that Karnataka may utilise 2.5 (Two point five) TMC of water in the Manjra sub-basin in its territory in the catchment below Nizamsagai project.

4. Andhra Pradesh and Karnataka agree that Andhra Pradesl may go ahead with the construction of the Singur project, as proposed by Andhra Pradesh, with the maximum capacity of 30 TMC of gross storage with FRL/MWL of plus 523.6 metres (1717.41 ft.) above MSL.

5. Karnataka will take necessary action to acquire any land or structure that may be submerged and/or affected under Singur project and Andhra Pradesh agrees to bear the cost of acquisi- tion the cost of rehabilitation of the displaced families and the cost of construction of bridges and roads that may become necessary. Such acquisition and rehabilitation shall be as per the norms prevailing in Karnataka at the time of acquisition/ Rehabilitation Karnataka also agreed to the submergence of the river bed and its stream-beds.

6. In the event of Andhra Pradesh developing hydro-electric power at Singur project, Karnataka and Andhra Pradesh agree to share the cost and benefits of such power in such proportion as may be agreed ir.'cn.

7. (a) Subject to the clearance'of Polavaram Project by the Central Water Commission for FRL/MWL plus 150 ft. the State of Andhra Pradesh agrees that a quantity of 80 TMC at 75 per cent dependability of Godavari Waters from Polavaram project can be diverted into Krishna river above Vijayawada Anicut displacing the discharges from Nagarjunasagar project for Krishna Delta, thus enabling the use of the said 80 TMC for project upstream of Nagarjunasagar.

(b) The States of Andhra Pradesh and Karnataka agree that the said quantity of 80 TMC shall be shared in the propor- tion of Andhra Pradesh 45 TMC, Karnataka and Maharashtra together 35 TMC.

(c) Andhra Pradesh agrees to submit the Polavaram pro- ject report to Central Water Commission within three months of reaching an over-all agreement on Godavari Waters among the five-party States.

(d) Andhra Pradesh agrees to bear the cost of diversion

fully.

(e) Maharashtra and Karnataka are at liberty to utilise their share of 35 TMC mentioned in sub-para 7(b) above from the date of clearance of the Polavaram Project by Central Water Commission with FRL/MWL of plus 150 ft. irrespective of the actual diversion taking place.

(f) It is also agreed that if the diversion at 75 per cent depen-

dability as stated in clause (a) above exceeds the said quantity of 80 TMC due to diversion of Godavari waters from the proposed Polavaram Project into Krishna river, further diminishing

the releases from Nagarjunasagar project such excess quan \\ shall also be shared between the three States in the same propor- tion as in sub-clause (b) above.

Mr. S. Chaudhuri, Mr. P. Ramachandra Reddy,

Counsel for the Advocate General for the State of Karnataka State of Andhra Pradesh

ANNEXURE II

KRISHNA

Summary Record of the Meeting held between the Chief Ministers of Karnataka and Andhra Pradesh at Bangalore on 4th August,

1978

The following were present :

Karnataka Andhra Pradesh

1. Sri D. Devaraj Urs, 1. Dr. M. Chennareddy,

Chief Minister Chief Minister

2. Sri N. Narasimha Rau, 2. Sri G.V. Sudhakara Rao,

Chief Secretary. Irrigation Minister.

3. Sri J.C. Lynn, 3. Sri M. Gopalakrishnan,

Secretary to Secretary, Chief Minister Irrigation & Power

4. Sri B.C. Angadi, 4. Sri B. Gopalakrishna Murthy,

Special Secretary, Adviser, P.W, & E. Dept. (Irrigation) Irrigation & Power

5. Sri S.R.S, Sastry, 5. Sri K.R. Chudamani,

Chief Engineer, W.R.D.O. Adviser,

Irrigation & Power

6. Shri B. Subramanyam, 6. Sri M. Satyanarayna Singh

Chief Engineer, Special Officer, Bangalore Water Supply Water Resources.

and Sewerage Board.

After discussion, the following points were agreed to :

Karnataka and Andhia Pradesh agree that Andhra Pradesh would go ahead with the proposed Jurala Project with FRL/MWL of plus 1045 feet above MSL in Krishna basin,

2. Karnataka will take necessary action to acquire any lands or structures that may bo submerged and/or affected under Jurala Project and Andhra Pradesh agrees to bear the cost of acquisition, the cost of rehabilitation of the displaced farnilie and the cost of construction of bridges and roads and cost of protection or shifting of temples and other religious shrines that may become necessary, as decided by Karnataka Such acquisition and rehabilitation shall be as por the norms prevail- ing in Karnataka at the time of acquisition/rehabilitation" Karnataka also agrees to the submergence of river bed n H

na tream beds.

1129

3. Karnataka and Andhra Pradesh also agree that in the event of Andhra Pradesh generating power from this project, the cost and benefits of hydro-power will be shared equally between the two States. The question of what would constitute the cost of hydro-power was not discussed and will bo agreed upon separately.

Mr. S. Chaudhuri, Mr. P. Ramachandra Reddy,

Counsel for tho Advocate General for the

State of Karnataka State of Andhra Pradesh.

ANNEXURE"D"

GODAVARI

Proceedings of the meeting between the Chief Ministers of Andhra Pradesh and Orlssa at Hyderabad on the 15th of December, 1978.

The following were present :

Andhra Pradesh Orissa

1. Dr. M. Channa Reddi, 1. Sri Nilamani Routroy,

Chief Minister, Chief Minister.

2. Sri G. Rajararn, 2. Sri Pi atap Chandra Mohanty,

Minister for Finance Minister for Revenue and Power. & Power.

3. Sri G.V. Sudhakar RflO, 3. Sri Prahllad Mallik,

Minister for Major Minister for Irrigation, Irrigation & Commer- cial Taxes.

4. Sri I. J. Naidu, IAS, 4. Sri B.M. Patnaik,

Chief Secretary. Advocate General.

5. Sri S.R. Rama Murthy, 5. Sri B. Ramadorai, IAS,

IAS., Secretary to Chief Secretary, Irrigation

Minister. & Power.

6. Sri P. Ramachandra Reddi, 6. Sri A.K. Biswal,

Advocate General. Secretary to Chief Minister.

7. Sri C.N. Shastry, IAS, 7. Sri S.C. Tripathy, Secretary, Irrigation Chief Engineer. & Power.

Irrigation.

8. Sri M. Gopalakrishnan, 8. Sri B. Mishra,

IAS., Secretary, Primaiy Chief Engineer, & Secondary Education. Electricity.

9. Dr. N. Tata Rao, 9. Sri M.L. Lath,

Chairman, Executive Engineer,

A.P.S.E.B.

Irrigation.

10. Sri Satyanarayan Singh,

Special Officer, Water Resources.

11. SrlD.V. Sastry,

Advocate.

After full discussions, the following agreement was reached :

I. G-ll Indravati sub-basin :

The State of Orissa can utilise its share of water in G-l 1 Tnctravatl sub-basin in terms of the Inter State agreement dated 19-12-1975 affirming the bilateral agreement dated 9-12-1975 between the States of Orissa and Madhya Pradesh.

II. G-12 Sabari sub-basin :

A. The State of Orissa can use all the water of the river Sabari (Kolab) upto the point (at near about Lat, 18°-3J'-O4" N and Long 82°-14'-53"E) where the river Sabari forms the common boundary between the State of Orissa and the State of Madhya Pradesh in terms of the Tnter-state Agreement dated 9-12-1975, Clause V.

B. The States of Orissa and Andhra Pradesh agree for utilisa- tion ot all waters upto the following project sites on the tributa- ries and sub-tributaries of the river Sabari (Kolab) by the State of Orissa.

(i) Govindapalle Project on :—

(a) Dharmgedda nalla site near LingJyaput village

Lat. 18°-36'-07'N. and Long. 82°-16'-l 1"E.

(b) Jamnadi site near Govindpalli village Lat. 18°-36'

-13" N, and Long 82°-16'-48* E.

(c) Garia nadi site near Dorftguda village.

Lat 18°-34'-O3"N\ and Long 82°-17'-18* E.

(il) Satiguda Project site on the tributary of Potteruvagu. Lat. 18M8'-57* N. and Long. 81°-56'-24* E.

(iii) Parasanapaile project site on the tributary of Sabari near village Parasanapalli_Lat. 18°-16'-44"N. and Long. 81°-36'^4* E.

(iv) Potteru project site on Potteruvagu near Surlikuntr" village. Lat. 18°-12'-30"N. and Long 82⁰-01'-30*E.

C. The State of Orissa in addition to the uses as specified in clauses n(A) and II(B) above, can use 40 U Tmc, for Its existing, under construction and proposed project/schemos each using not more than 1.5 tmc. annually.

D. Downstream of the point whore the Sabari forms the common boundary between the States of Orissa and Madhya Pradesh (at near about Lat. 18°-55'-O4" N and Long 82°- 14'—53' E.) and upto the confluence of the Silcru and the Sabari, the State of Orissa, can use not more than 27 tmc, for irrigation by withdrawals from the main river for its existing, under cons- truction and proposed schemes/projects.

E. The quantum of water to meet the evaporation losses

of project under clause II D and power projects across the Sabari by the States of Mudhya Pradesh and Orissa in terms of clause V ot bilateral agreement dated 9-12-1975 between Orissa and Madhya Pradesh will be in addition to the quantum specified in clauses II A, B, C & D above and shall be shared in such proportion as the said two States may agree. However the share of Orissa in excess of 10 T.M.C. in the evaporation losses mentioned above shall be met from its quantum specified in clauses II A, B, C & D above.

F. The States of Orissa and Andhra Pradesh shall utilise the

Sileru river waters in terms of :

(a) 1946 Agreement botween the Governments of Madras and Orissa regarding development of Hydro-electric power at Dudma falls on the Machkund river.

(b) Final agreement between the Governments of Orissa and Andhra Pradesh in relation to the use of the waters of the Sileru river dated the 4th September, 1962

(c) Any other subsequent agreement/agreements that the two States of Orissa and Andhra Pradesh may mutually conclude in future.

(d) All use of water for beneficial purpose by the States of Orissa and Andhra Pradesh for their existing, under construction and proposed schemes/projects upstream of Machkund Project the total utilisation under which shall not exceed 2 TMC by each State will be charged to their respective shares at Machkund correspondingly reducing their respective share of power at Machkund & Dudma falls. Similarly, use under Schemes/projects which shall not exceed 2 TMC by each State down- stream of Machkund project and upstream of Balimela Dam, will be charged to their respective shares at Bali- mela dam project reducing their respective shares of water by the total quantity used both above Machkund project and between Machkund and Balimela project. All such use should be intimated to the other Govern- ment.

(e) Not withstanding any restriction imposed under the past agreements, the State of Orissa will be permitted to utilise not exceeding 2 TMC of Sileru water for beneficial use downstream of Balimela dam for its existing, under construction and future projects out of the yield of the catchment lying down-stream of Balimela dam project. This quantity will be out of 40 TMC as specified in Clause II(C) above.

G. The State of Orissa agrees for the construction of Lower Sileru Irrigation scheme with FRL-1-235 ft. and MWL+262 ft. by the State of Andhra Pradesh, which involves some sub- mergence in the State of Orissa. The State of Andhra Pradesh shall boar the cost of compensation for submergence of land and properties both of the Government as well as private parties that may be agreed to. The provision of rehabilitation of the oustees will be made as per the norms in vogue in the State of Orissa at the time of construction of the project.

H. The State of Andhra Pradesh can, subject to agreement dated 7-8-1978, use the remaining waters in the Sabari Sub-basin excluding Sileru river vide clause F above for the existing, under construction and propsed schemes/projects after the uses by the State of Orissa for projects/Schemes as specified in Clauses I & II A to E above.

I. The States of Orissa and Andhra Pradesh agree for the construction of Polavaram Projects of the State of Andhra Pradesh, so that the maximum submersion in the State of Orissa territory at Motu/Konta does not exceed R.L. + 150 ft. due to all effects including back water effect. The Polavaram projec

1131

shall be designed for the maximum probable flood in consultation with the Central Water Commission so as not to exceed the limit of submergence mentioned above. For the submerged lands and properties both of the Government as well as private parties, the cost of compensation and rehabilitation on the basis of the norms in vogue in the State of Orissa at the time of the cons- truction of the projects shall be charged to the project. Model villages with facilities/amenities etc. shall be constructed at the cost of the project before the submergence actually takes place.

The sovereignty over the land shall continue to vest with the respective States. The State of Orissa can lift J TMC from the Polavaram lake, without bearing any cost of the storage for its use in their territory and this use shall be reckoned aga- inst the allocation made to that State as specified in clause U above. The State of Orissa can transport their forest or mineral produce through all navigational flacilitles/lock etc.; which shall be provided by the State of Andhra Pradesh at its own cost at Polavaram. These facilities will be available to the State of Orissa at the Polavaram Project at the rates applicable to the State of Andhra Pradesh for their own cargo at Polavaram. The State of Orissa can develop and exploit piscicullure and boating facilities in their own territory. The States are agreeable to the level of RL+150 feot for Polavarara storage as defined above only on the express conditions that any of the provisions, facilities' and liberties given for utilisation of waters of the Godavari and its tributaries, to each other in this Agreement herein above or hereunder are not at all disturbed.

m. General dames :

(1) fa) The State of Orissa may vary the location of sites of projects using more than 1.5 TMC, annually which have been specifically mentioned in the above clauses by infoiming the lower State/States. If as a result of shifting or alteration in the case of any such specified sites upto which a State has been permitted to use all the water more or less catchment area than what is indicated in the above clauses is intercepted, a corresponding reduction/increase will be made in the catchment area of other specified sites, so that the total catchment area allowed for each State for interception of all the water is not exceeded.

(b) It is also agreed that wiih respect to projects as speci- fied in clauses I & II above if there is a marginal increase of utilisation over 1.5 TMC, but not exceeding 2 TMC, for each Project, such increase may be permitted by mutual consul- tation between the States concerned and the lower Riparian State/States, provided that the total utilisation as specified in each of the said clauses is not exceeded by the concerned State.

(2) In the above agreement, wherever specified quantities of the water has been mentioned as permitted use by any States it is agreed the use shall be measured in the manner indicated below :

Use Measurement

(i) Irrigation use. 100 percent of the quantity diverted or lifted from the river or any of the tribu- taries/or from any reser- voir, storage or canal and 100 percent of evaporation losses in these storages.

505 GI/80—6

01) Power use. 100 percent of evaporation

losses In the storage.

(iii) Domestic and Munid- By 20 percent of the quantity pal water supply withr of water diverted or lifted in the basin. from the river or any of Its tributaries or from any re- servoir, storage or canal.

(iv) Industrial use within By 2.5 percent of the quantity the basin. of water diverted or lifted from the river or any of its tributaries or from any re- servoir or storage or canal.

(v) All uses outside the 100 percent of the quantity basin. diverted or lifted from the river or any of the tribu- taries or from any reser- voir, storage or canal,

(3) It is agreed that in using the waters permitted to each State in the above agreement no State can construct a project other than those already specifically agreed to submerging the territory of another State/States, without prior consent and acceptance by mutual discussions by that State for such sub- mergence .

(4) It is agreed that all the States can make use of under- ground water within their respective State territories in the Godavari basin and such use shall not be reckoned as use of the water Of the river Godavari.

(5) The sub-basins referred to in this agreement are accor- ding to the division of Godavari basin into sub-basins made in the report of the Krishna Godavari Commission in Chapter 111 paragraph 4.27 at page 28.

(6) Use shall include nny use, made by any State of waters of the river Godavari and its tributaries or domestic, municipal, irrigation, industrial, production of power, navigation, pisci- culture, wild life protection, recreation purposes and evapora- tion losses from the storages created for the above purposes.

(7) All the levels mentioned in the clauses above are with

reference to G. T. S. levels.

Sd/-

Sd/-

(Dr. M. Channa Reddi) (Nilamani Routroy)

Chief Minister. Chief Minister,

Andhra Pradesh Orissa-

ANNEXURE"E"

ANNEXURE I

VIDHAN SOUDHA, BANGALORE B. C. ANGADI, Dated 29th January, 1979

Special Secretary to

Government

Irrigation Department

D. O- No. PWD 25 BRA 78

Dear Sbrl Deuskar,

Sub :— Agreement between Maharashtra and Karnataka regarding Godavari waters distribution.

In confirmation of our telephonic talks during the last week,

I have to state that wo agree that :

(a) 35 TMC of water in Krishna, which Is the share of Kamataka and Maharashtra out of 80 TMC of Godavari diversion by the State of Andhrfl Pradesh from Polavaram Barrage, shall be shared between Karnataka and Maharashtra as under :—

Karnataka 21 TMC

Maharashtra 14 TMC

(b) Karnataka had requested for at least 1 TMC of Manjra waters upstream of Niramsagar from the share allo- cated to Maharashtra. Maharashtra has expressed its Inability to spare this water. Karnataka accepts that position in the Interest of arriving at an agree- ment.

(c) A copy of this letter with your confirmation to it may bo filed before the Godavari Tribunal on 2-2-1979.

Kindly confirm the above points as agreed on telephone.

Youn Sincerely;

Sd/-

29-1-1979

(B.C.ANGADI)

Shri V. R. Deuskar,

Secretary to Government,

Irrigation Department,

Government of Maharashtra,

Mantralaya,

Bombay-400032.

ANNEXURE H

V. R. Deuskar,

Secretary to Government

D.O.NO.ISW5179-KG

Irrigation Department,

Mantralaya, Bombay-400032.

Camp : New Delhi.

Dated the 30th January, 1979

Sub : Agreement between Maharashtra and Karnataka regarding Godavari waters distribution.

Ref : Your D.O. letter No. PWD 25 BRA 78 dated 29th

January, 1979

Dear Shrl Angadi,

In confirmation of our telephonic talk during the last week and with reference to your above D.O. letter, the points as agreed between the two States mentioned In your letter are hereby confirmed subject to the following understanding :—

The present ratio of sharing of 35 TMC viz. 14 to Mahara- shtra and 21 to Karnataka shall not be applicable to any additional water that would become available by virtue of Andhra Pradesh diverting water In excess of 80 TMC.

We may authorise our Counsel before Godvari Water Disputes Tribunal to draw up an agreement in a proper form in terms of our understanding reached between the two States and file it before the Godavari Tribunal.

Yours Sincerely,

Sd/-

(V.R. DEUSKAR)

Shri B. C. Angadi,

Special Secretary,

Irrigation Department,

Government of Karnataka,

Bangalore.

ANNEXURBm

B. C. ANGADI,

Special Secretary to Government,

Irrigation Department.

VIDHANA SOUDHA, BANGALORE

Dated 31-1-1979

D.O. No. PWD 25 BRA 78

Dear Shri Deuskar,

Sub :— Agreement between Maharashtra and Karnataka

regarding Godavari waters distribution.

I received your D.O. letter No. ISW 5179-KG. dated 30-1 -1979

through teles, confirming our telephonic talk and points agreed

[ • m i l l - -w 3 ( j i )]

* T T TH > Fr T n t q w : t m n mr

between the two States as mentioned in my D.O. letter No, PWD 25 BRA 78, dated 29th January 1979.

2. I further agree that the following condition mentioned

in your above letter, namely that :—

"The present ratio of sharing 35 TMC vizv 14 to Maharashtra and 21 to Karnataka shall not be applicable to any addi- tional water that would become available, by virtue of Andhra Pradesh diverting water in excess of 80 TMC."

should form part of the agreement which should be drawn up and filed before the Tribunal.

Yours sincerely,

Sd/-

B. C. ANGADI

Shrl V. R. Deuskar,

Secretary to Government,

Irrigation Department,

Government of Maharashtra,

Mantralaya,

Bombay-400032.

ANNEXURE " F"

Agreemmt entered Into between the States of Orissa & Madhya Pradesh

After full discussions, the following agreement was

reached at Bhopal on 11th July 1979:

G 11: IndraTflti Sub-basin :

1. ORISSA

The State of Orissa can use all the waters upto Upper

Indravati Project site comprising :

(i) Indravati dam site (Lat. 19°-16'N&Long.82°-50'E).

(ii) Podaga dam site (Lat. 19°-]4'NandLong.82°-49'E)

Oil) Kapur dam site (Lat. 19°-06'N aad Long. 82°-47'E)

(iv) Muran dam site (Lat. 19°-06'N and Long. 82°-46'E).

(b) Out of the balance flows available below the Upper Indravati Project within its territory, the State of Orist* shall ensure forty five (45) tmc of water to flow down at the Orissa-Madhya Pradesh border in the Indravati sub-basin. In the years, when the diversion of water outside the Godavari basin at the Upper Indravati Project is less than eighty five (85) tmc. (exclusive of evaporation losses) this quantum of forty five (45) tmc at the Orissa-Madhya Pradesh border in the Indra- vati sub-basin will be reduced in the same proportion

1 1 33

as the reduction in the quantum of eighty five (85) tmc. The Stale of Orissa can use all the bolance water thus left within its territoiy for its existing, under construction & proposed projects/schemes.

(c) (i) The States of Orissa and M;dh>a Predtsh agree to moasure this quantum of forty five (45) tiru; at Jagdal- pur gauge site across Indravati river, which is main- tained at present by the Central Water Commission, subject to adjustment as mentioned in sub-paragraph (c) (ii).

(il) The catchment area of the State of Orissa contributing to the flow in Indravati river below Jagdalpur gauge site is about two hundred and thirty eight (238) square miles, while the catchment area of the State of Madhya Pradesh upto gauge site is about One hundred and ninety eight (198) square miles. The seventy five (75) percent dependable yield from this area of forty (238 minus 198 equal to 40) square miles may be taken as two point eight (2.8) tmc. This quantum of two point eight (2.8) tmc will be added to the observed flow at Jagdalpur gauge site for estimating the flows available at the Orissa-Madhya Pradesh border speci- fied In sub-paragraph 1 (b). The quantum of two point eight (2.8) tmc will be reduced proportionately In the lean years hi the same proportion to the reduction of seventy five (75) percent dependable yield of eighty- nine point five (89.5) tmc at upper Indravati Project site as cleared by Planning Commission.

(iii) At any time if the Central Water Commission closes Jagdalpur gauge site, the two States shall maintain the gauge site Jointly or any other site(s) as may be mutually agreed upon for the purpose.

2. MADHYA PRADESH

(a) The State of Madhya Pradesh can use two hundred and seventy three (273) tmc of water for its various existing, under construction and proposed projects/ schmes, subject to the agreed uses in paragraph (1) upto the Bhopalpatnam-I Hydro-electric froject site (Xat. 19%03'-45"N and Long. 80°-19'-05*E) across Indravati river—a joint project between the States of Madhya Pradesh and Maharashtra. This quantum includes the share of evaporation loss of the State of Madhya Pra- desh at the Bhopalpatnam-I reservior.

(b) The State of Madhya Pradesh In addition to the uses as agreed to in paragraph 2(a) can use all the waters upto the following project sites on the tributaries joining the Indravati downstream of Bhopalpatnam-I Hydro-electric project site :

(i) Chintavagu dam site on Chlntavagu near village Pavrel

(Lat. 18°-4l'-25*N and Long. 80°-40'-47*E).

(ij) Jallavagu dam site on Jallavagu near village Chillamarka

(Lat. 18°-56'-34' N and Long. 80°-21'-34' E.)

(iii) Kothapalli Integrated Project across tributary o( Chin-

tavagu comprising:

(1) Kothapalli dam site:

(Lat. 18°-40'-54* N and Long. 8OD-34'-54" E.)

(2) Minur dam site:

(Lat. 18°-45'-24f N and Long. 8O"-28'-13* E)

(c) The State of Madhya Pradesh can use an additional quantity of nineteen (19) tmc of water downstream of the project sites specified ir> paragraphs 2(a) and 2(b) for its existing under construction and proposed projects/schemes each using not more, than one point five (1.5) tmc annually.

G-12 Sabarl sub-basin.

3. Orissa (a) The State of Orissa can use all the watrrs of

Sabari (Kolab) river upto a point near about Lat. 18s-55'-O4"N and Long. 82°-14'-53* E where Sabarl river forms the common boundary between the State* of Orlssa and Madhya Pradesh.

(b) In addition to the above, the State of Orissa can use all the waters upto the following project sites on the tributaries of Sabarl (Kolab) river:

(1) Govrndpalli Project site comprising:

(1) Dhararngedda nalla near Llngiyaput village (Lat.

18°-36;-O7' N and Long. 82°-16'-ir E).

(2) Jamradi neariGovtndpalle village (Lat. 18°-36'-13"

N and Long 82M6M8* E.)

(3) Oaria nadi near Doraguda village (Lat. l8°-34'-

03* N and Long. 82°-17'-18* E).

(U) Satiguda project site on the tributary of Potteruvagu

(Lat. 18M8'-57" N and Long. 81°-56'-24" E).

(ili) Parasanapallc project site on the tributary of Sabari river near village Parasanapalle (Lat. 18°-16'-44* N and Long. 8r~36'^4* E).

(iv) Potteru project on Potteruvagu near Surllnkunta village

(Lat. W-W-W N and Long. 82°-01'-30" E).

(c) The State of Orissa can use an additional quantity of forty (40) tmc of water down-stream of Projects specified in paragraphs 3(a) and 3(b) for its existing, under construction and proposed projects/schemes each using not more than one point 6ve (1.5) tmc annually.

(d) Downstream of the point where Sab"ri river forms the common boundary between the States of Orissa and Madhya Pradesh (near about Lat. 18°-55'-O4' N and Long. 82°-14' -53* E) and upto the confluence of Sileru and Sabari rivers, the State of Orissa in addition to the use specified in paragraphs 3(0,) to 3(c) can use not more than twenty seven (27) tmc of water for irrigation by withdrawals from the main river for its existing, under construction and proposed projects/schemes.

(e) The State of Oiissa agrees to exploit Sabari (Kolab) river waters by joint projects on the main Sabari river with the State of Madhya Pradesh from a point on Sabarl (Kolab) river near about Lat. 18"-55'-04" N and Long. 82°-14'-53* E where it forms the common bound? ry between the two States upto the confluence with Sileru river on the basis of agrcement(s) to be drawn up at appropriate time, except for use as mentioned in sub-paragraph 3(d). At present Lower Kolab and Konta Projects are under investigation and the sites of these projects will bo decided mutually by the two State Governments. The hydel power and the cost debatable to generation of such power will be shared equally between the two States in these or such other projects. The cost and benefit of irrigation, if any from these projects will also be equitably shared between the two States.

(0 The share of evaporation losses for the projects specified in paragraph 3(e) for the State of Orissa to the extent of ten (10) tmc will be in addition to the quantum specified in para- graphs 3(a) to 3(d) and excess if any, will be met from the use specified in paragraphs 3(a) to 3(d).

(g) The use specified for the Slate of Orissa in paragraphs 3(a) to 3(d) and 3(f) is exclusive of the use In Sileru river as per the agreement dated 15-12-1978 between the States of Orissa and Andhra Pradesh.

4. MADHYA PRADESH (a) The State of Madhya'Pradesh can use all the waters of the tributaries of Sabari river downst- ream of a point where Sabari river forms the common boundary between the States of Orissa and Madhya Pradesh near about Lat. 18°-55'-04' N and Long. 82°J4'-53' E and upto the following project sites:

(i) Baru Nadi Integrated Project comprising:

(1) Barunadi site across Baru river near village Tanka- vada (Lat. 18M5'-33" N and Long. 81°-^8'-5O* E).

(2) Bhimsen storage site across Bhimsen river near village Bodavada (Lat. l8°-45'-O* N and Long. 81°-55'-46* E).

(3) Kudripal Pic-up weir site across Baru river near village Kudripal (Lat. 18°^tO'42" N and Long. 8r-51'-3O' E).

(ii) Mupari project site across Mupari (Jaimer) river near village Jaimer (Lat. 18°-42'-03-' N and Long. 81°-45'-C E).

(iii) Gorali Nadi Project comprising:

(1) Gorall dam site across Gorali nadi near village Kanjipani (Lat. 18°-32'-5O* N and Long. 81MO'-5J* E).

(2) Anduinpal dam site across Pulnadi near village Andumpal (Lat. l8°-34'-43' N and Long. 81°- 42MK* E).

(iv) Sailervagu Integrated project comprising:

(1) Mankapal dam site across Malengar river near village Mankapal (Lai. 18u-32'-W M and Long. 81°-29'~26" E).

(2) Sailervagu dam site across Sailervagu near village Paila (Lat. 18°-26'~l 2" N and Long, 81°-31'-38' E.)

(v) Orderltong Integrated Project comprising:

(1) Ordeltong dam site across tributary of Tinaraya- vagu near village Ordeltong (Lat. 18°-13'-24* N and Long. 81°-24'-O6' E).

(2) Tinarayavagu dam site across Tinarayavagu near village Korrapal (Lat. 18MT-0* N and Long. 81M8'-56' E).

(vi) Janavagu Intergrated Project comprising:

(1) Janavagu dam site across Janavagu near village Oorkha (Lat. 17°-57'-24* N and Long, 81°-20'- 15'E).

(2) Elammaduguvagu damsite across Elammaduguvagu near Jarput village (Lat. 18°-O3'_42' N and Long.

81M8'-09* E).

(b) The State of Madhya Pradesh can use an additional quantity of eighteen (18) tmc. of water downstream of the project sites specified in paragraph 4{a) for its existing, under cons- truction and proposed projects/schemes each using not more than one point five (1.5) tmc. annually.

(o) (i) The share of evaporation losses of the power projects across Sabari river specified in paragraph 3(e) for the State of Madhya Pradesh to the extent of ten (10) tmc. will be in addi- tion to the quantum specified in paragraphs 4(a) and 4(b) and excess, if any, shall be borne by the State of Madhya Pradesh out of its share specified in paragraphs 4(a) &. 4(b).

(ii) The quantum of water for the use by the State of Madhy Pradesh in the joint projects specified in pPragraph 3(e) would be met with from the use specified for the State in paragraph 4(a).

(iii) Further, the quantum of water to meet the evapo- ration losses of the joint projects/schemes specified in the paragraph 3(e) shall be shared euqally between States of Orissa and Madhya Pradesh.

Sd/-

Sd/-

(B. RAMADORAI) (Dr. ISHWAR DASS) Secretary, Secretary,

Irrigation &. Power Department, Irrigation & Power Depart- Government of Orissa, ment Government of Madhya

Pradesh.

1135

ANNEXURE "G"

Agreement dated the 2nd April, 1980 between the States of Andhra Pradesh, Madhya Pradesh and Orissa

To enable clearance of Polavaram Project, the following

is agreed to ;—

1. The Polavaram Project spillway shall be designed for a flood discharging capacity of 36 (thirty six) lakh cusecs at pond level of RL+140 (one hundred and forty feet and not less than 20 (twenty) lac cusccs at pond level of RL+130 (one hundred and thirty) feet.

2. The pond level shall not be kept higher than RL+145 (one hundred and forty five) feet in the month of June if the inflow Into tho Polavaram reservoir exceeds 3 (three) lakh cusecs.

3. On receipt of flood warning from the upper sites and/or due to anticipated inflows into the reservoir requiring regulation, the pond levels shall be regulated aj follows :—

(a) the pond level of RL+145 (one hundred and forty five) feet shall be lowevered progressively as the inflows exceed 3 (three) lakh cusecs so as to restrict the pond level to RL+140 (one hundred and forty) feet for en inflow of 10 (ten ) lakh cusecs.

(b) for Inflow higher than 10 (ten) lakh cusecs the pond level shall bo further lowered, so that it docs not exceed RL+130 (one hundred and thirty) feet for an inflow of 20 (twenty) lakh cusecs.

(c) for inflow higher than 20 (twenty) lakh cusecs, all the

gates shall be opened fully.

(d) the pond level can be built up progressively in the receding floods to RL+140 (one hundred and forty) feet if the inflow drops down to 10 (ten) lakh cusecs and to RL+145 (one hundred and forty five) feet if the inflow drops down to 3 (three) lakhs cusecs or less, but during the months of July and August, the pond level shall not exceed RL+145 (one hundred and forty five) feet.

(e) on or after first September, whenever the inflow in the Polavaram Reservoirs Is 1 (one) lakh cusecs or less, the storage at Polavaram can be built up beyond R L+ 145 (one hundred and forty five) feet, subject to afore- rncntioned depictions at (a) to (c) in the case of higher inflows.

4¹, In order to protect the lands and properties above R L+ 150 (one hundred and fifty) feet in the territory of the State of Orissa likely to be affected due to construction of Polavaram Project, protective embankments with adequate drainage sluices, shall be constructed and maintained at the cost of Pola- varam Project. However, the State of Orissa may exercise an option at the time of construction of Polavaram Project for compensation to land and property likely to be affected above RL+150 (one hundred and fifty) feet as agreed to in the case of state of Maahya Pradesh In paragraph 5 (five) below.

5. In respect of the proportles in the territory of State of

Madhya Pradesh likely to be affected above RL+150 (one hundred and fifty) feet, because of the construction of the Po- lavaram project, the State of Andhra Pradesh shall :—

(a) Pay compensation towards all buildings with their app-

urtenant lands situated above RL+150 (one hundred and fifty) feet which will be affected due to all effects includ- ing backwater effect and rehabilitate the oustees, etc. on the same pattern as below RL+150 (one hundred and fifty) feet at the project cost; or

(b) Construct and mautain al the coat of the State of Andhra

Pradesh, the necessary protection embankments with adequate pumping arrangements and/or drainage sluices.

The said option for alternatives (a) or (b) being exercised by the State of Madhya Pradesh at the time of the constuction of Polavaram Project depending upon the location of each affected site.

(c) For damages or' injury to lands beyond RL+150 (one hundred and fifty) feet in the territory of the State of Madhya Pradesh, in any event, the State of Andhra Pradesh shall pay full compensation for such damage or injury as may be assessed by the District Collector of the said District of the State of Madbya Pradesh.

(d) The State of Andhra Pradesh agrees to fix permanent Bench Marks connected to G.T.S. Bench Marks in the territory of the State of Madhya Pradesh for RL + 150 (one hundred and fifty) feet as well as for the back- water effect, in both cases, at an interval of approximate one kilometre all along the periphery of the Polavaram reservoir.

Sd/- Sd/- H.V. Mahajani Sd/- M.L. Lath

2.4.80 2.4.80 2.4.80

Representative for Representative for Representative for the State of Andhra the State of Madhya the State of Orissa. Pradesh. Pradesh.

Sd/- P. Ramachan- Sd/- M.K.Ramamur- Sd/- G. B. Patnaik andra Reddy Advo- thy, Senior Counsel, Govt. Advocate cate General for the State of Madhya the state of Pradesh. Andhra Pradesh

ANMEXURE "H"

Statenment submitted by Counsel for the Governemnt of India In the Ministry of Energy and Irrigation (Department of Irrigation) and the Central Water Commission,

The Government of India in the Ministry of Energy & Irriga- tion (Department of Irrigation) and the Central Water Commis- sion are willing to submltt to the following order by the Tribunal :

The Polavaram Project shall be cleared by the Central Water Commission as'expeditiously as possible for FRL/MWL+150 feet.

The matter of design of the dam and its operation schedule shall be left to the Central Water Commission which they shall decide keeping in view all the Agreements between the parties, including the Agreement of 2nd April, 1980 filed today, as far as practicable.

If there is to be any change in the operation schedule as indicated in the Agreement of 2nd April, 1980 it shall be made only after consultation with the States of Andhra Pradesh, Madhya Pradesh and Orissa. The design aspects shall, however, be loft entirely to the Central Water Commission.

Sd/-.

Murlfdhar Bhandare

3-4-80

Counsel for the Department of

Irrigation and Central

Water Commission.

ANNEXURE "I¹"

Sub-Wslns of the Godavarl basin

G-l UPPER GODAVARI : This sub-basin includes the reach of the river Godavari from its source to its confluence with the Marura. The sub-basin excludes the catchment areas of the Pravara, the Purna and the Marjra but includes that of all other tributaries which fall into the Godavari in this reach.

G-2 PRAVARA: This sub-basin includes the entire catchment of the Pravara from the source to its confluence with the Goda- vari including the catchment areas of the Mula and other tri- butaries of the Pravara.

G-3 PURNA: This sub-basin includes the entire catchment

of the Purna and of all its tributaries.

G-4 MANJRA: This sub-basin includes the cntrie catch- ment of tho Manjra from its source to its confluence with the Godavari including the catchment areas of the Tirna, the Karanja, the Haldi, tho Lendi, the Maner and other tributaries.

G-5 MIDDILE GODAVARI: This sub-basin comprises the river Godavari from its confluence with the Manjra to its confluence with the Pranhita. The sub-basin includes the direct catchemnt of the Godavari in this reach as well as of its tribut- aries, except the Maner and tho Pranhita.

G-€ MANER: This sub-basin includes the entire catchment

of the Maner from its source to its confluence with the Godavari

Including all its tributaries.

G-7 PENGANGA: This sub-basin includes the entire catchment of the Pcnganga from its source to its confluence with the Wardha with all its tributaries.

G-8 WARDHA: This sub-basin comprises river Wardha from its source to its confluence with the Wainganga with all its tributaries but excluding the catchment of the Penganga (G-7 above).

G-9 PRANHITA : This sub-basin comprises the catch- ments of river Wainjanga from Its source to its confluence with the Wardha and the Pranhita up to its confluence with the

1137

G-ll INDRAVATI: This sub-basin includes all the areas drained by the Indravati and its tributaries from its source to its confluance with the Godavari.

Godavari. The sub-basin includes all the tributaries of the Wainganga and the Pranhita except the Penganga and the War- dha (G-7 and G-8 above). The Wainganga after its confluence with the Wardha is called the Pranhita.

G-12 SABARI: This sub-basin includes the entire catchment of the Sabari river from its source to its confluncc with the Ooda- vari including its main tributary Sileru (also known as Mach- kund river in its initial reaches)."

G-10 LOWER GODAVARI: This sub-basin consists of the lower part of the river Godavari from its confluence with the Pranhita up to the sea. The sub-basin includes the direct catchment of the Godavari in this reach with all its tributaries except the Indravati and the Sabari (G-ll and G-12 below).

[F. 1/1/80—WD] C. C. PAT EL, Secy

HINTED BY THE MANAGER, GOVT. OF INDIA FRESS, RING ROAD NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLB* OP PUBLICATIONS, D I L W - 1 1 0 0 5 4, 1 9 8 0.