"MHADEI PAPERS" : Why & How Goa lost it's case? - Vol 1
Lackluster presentation by then Chairman of Mormugao Port Trust & State Government on Day 1. Issue highlighted was impact on transportation of Iron Ore, without support of any data.
The Chief Minister Of Goa, Mr.Pramod Sawant led a high-level delegation yesterday to Union minister Of Home, Shri Amit Shah, advocating for Goa; after a huge furor caused in Goa, over the issue of diversion of water by Karnataka.
Reportedly, he has been assured of the constitution of Mhadei Water Development Authority by Union Minister Of Home.
It is thus now very important to inquire in perspective, how and why Goa lost it's case over Mhadei?
The "Mhadei Papers" are an attempt towards it, through the study and 'inquiry' of publicly available documents at Jal Shakti Ministry of the Government Of India.
The Ho'ble Mahadayi Water Disputes Tribunal (MWDT) along with the legal and technical teams visited the sites of three co-basin states of River Mhadei (Mahadayi) from 12th December to 24th December 2013 "with the objective of getting acquainted with the salient features of the basin and important activities related to development and management of water resources in the basin."
They say, the first impression is the last impression.
While the current BJP led government of Goa, is harping on Environment, Wildlife and water availability issues, if the Mhadei(Mandovi) waters are diverted; the first issue which the then BJP led government of Mr.Manohar Parrikar presented to the tribunal was the issue of transportation of Iron ore at MPT (Mormugao Port Trust) and Cumberjua Canal in the tidal zone. That too, and not all in a convincing manner.
On 13th December 2013, "The Tribunal" visited the Mormugao Port Trust (MPT). The then Chairman of the MPT made a presentation on "likely" impact of the reduction in flow of Mhadei on the operation of the Port (MPT) and thus on the State Of Goa's economy. Primarily the Iron Ore transport.
The first impression made by the State Of Goa, which was then led by Mr.Manohar Parrikar of BJP, itself fell flat.
The MWDT, raised some very serious questions, regarding MPT objection:
a.) No study was conducted by MPT (Mormugao Port Trust) on the minimum quantity of water required in rivers Zuari and Mandovi, that would be required to address the issue cited by MPT, the suitable operation of the port.
b.) MPT had no study done related to fresh water requirements for the port, either through the two rivers or through other measures, including rain water harvesting.
c.) MPT had not made any elaborate evaluation of likely impact of all water resources development in the 3 states of the,through all planned activities.
d.) Above all MPT did not have any proposal in mind either, to address the issue, highlighted by it (Port Operations and thus effect on the state of economy).
TLDR; When the then Chairman of Mormugao Port Trust (MPT) made the presentation in front of Hon'ble MWDT, it never had any facts available with them, to substiate their claim of the impact on port's operation, if the water of river Mhadei was diverted by Karnataka.
The second site visit that day itself by the Hon'ble Tribunal was to the Cumberjua Canal, a natural canal connecting rivers Zuari & Mandovi; which is primarily used for iron ore barge movements.
There was a brief note provided by the Government Of Goa, then led by Mr.Manohar Parrikar, which briefly contained only the salient features of the canal.
The lack of any substantive argument presented by State government Of Goa, clearly did not impress the hon'ble MWDT tribunal on Day 1.
Some Perspective on Hon'ble MWDT:
1. Controversy over the sharing of the water of the Mahadayi or Mandovi River between the states of Maharashtra,Karnataka and Goa is, perhaps, more than 30 years old, since attempts for negotiations appear to have been initiated by the central government as far back as 1985.
2. Central Government, thereafter, constituted the Mahadayi Water Disputes Tribunal (MWDT), vide a notification dated November 16, 2010.
3. Further, the Central Government vide a later notification dated November 13, 2014, decided that the effective date of the constitution of this Mahadayi Water Disputes Tribunal would be August 21, 2013, instead of November 16, 2010.