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River runs through

Why are two chief ministers fighting over a dam the British built with, among other things, egg white? And who will win? Or can any one win? Rajeev P.I.8217;s primer on Mullaperiyar answers these and other complicated questions

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Prime Minister Manmohan Singh has no easy task. He will have to sit across the table on November 29 in New Delhi with the warring governments of two UPA-allies 8212; DMK in Tamil Nadu and the CPM-Left in Kerala 8212; over the Mullaperiyar dam row. Their stand-off over the 110-year-British-made masonry dam, built with tonnes of lime, mortar, sugar cane juice and the white of many eggs, has been in the making for some 27 years now.

The dam8217;s waters have been going to Tamil Nadu8217;s thirsty southern districts for over a century. It has helped turn some 17 lakh acres of arid land in the rain shadows into green farms, erased memories of once-frequent famines and deep penury, even checked the migration of the hopeless to Sri Lanka. An 1895 agreement, which the British holding the then Madras province signed with the local Maharaja of Travancore, allows Tamil Nadu to have 8216;all the water8217; from the dam, till year 2894.

But the catch is, the dam is in Kerala, and so is the river feeding it. And it has been wanting both back. No matter if its own government had re-validated the original agreement in 1970 with no substantial changes, which has been condemned as a big blunder since.

Kerala, with 44 rivers of all sizes famously crisscrossing it and a lot of rain, had started realising that its own profligacy was inviting a steady water crisis, only by the late 1970s. Power crunches were common 8212; its mainstay hydropower projects often don8217;t have sufficient water to make enough electricity. Idukki, where the Mullaperiyar dam is, accounts for about three-fourth of the state8217;s power output, and the state8217;s biggest hydro-power project is downstream of Mullaperiyar, with a holding capacity of around seven times more than that of the old dam, whose waters go to Tamil Nadu. And Kerala needs to produce at least 1000 MW more power in the coming years just to cope, while there8217;s not enough water at hand to meet even half the actual requirements of the state8217;s 82 lakh power consumer base.

But power or water crisis had seldom figured in Kerala8217;s public posturing in the issue since 1979, when it first aired apprehensions that the old Mullaperiyar dam could burst, pointing to visible seepages. It held up the scary spectre of lakhs of people in adjacent Kerala districts going under the deluge if that happened, and got MG Ramachandran, matinee-idol-turned chief minister of Tamil Nadu, to lower the dam8217;s water level from 152 to 136 feet. But some 104 feet of the dam8217;s water is dead storage, and lowering the level was later found to have hit farming in about 8000 hectares in Tamil Nadu, leading to an expected political uproar.

Tamil Nadu had to go about strengthening the dam at its own cost 8212; it has since spent about Rs 20 crore on it 8212; and the Central Water Commission certified it safe, after directing the level be reduced to 136 feet till the work was over, before upping it to 152 feet. But Kerala wanted the water level back at 136 feet, its successive governments crying havoc each time this mark was breached. No such masonry dam, Kerala argued, can safely outlive a lifespan of 50 to 60 years maintaining full capacity, and Mullaperiyar is a catastrophe in waiting.

Janata Party8217;s Subramaniam Swamy took it up to the Supreme Court and so did the Tamil Nadu government, and a Kerala NGO. In February this year, the SC told Tamil Nadu to raise the level to 142 feet, largely anchoring its verdict on the CWC8217;s safety certificate. The court, in fact, said that even if Mullaperiyar burst, the Idukki dam 50 kilometres downstream was quite capable of taking the additional water, and also declined to look at a subsequent review petition from Kerala, even chiding Kerala for its 8216;obstructionist8217; stance.

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But Kerala didn8217;t take that lying down, and its assembly went on to unanimously pass a bill, the Kerala Irrigation and Water Conservation Amendment Bill 2006, empowering a government-appointed Dam Safety Authority to have the final say about the safety of the state8217;s 22 major and minor dams. An all-party meeting came to a rare consensus in Kerala that the government should do the spadework to build a new Rs 350-crore plus dam, and junk the agreement with Tamil Nadu to draw up a new one. The new dam idea, in fact, had been hanging fire for many years now, through the row.

Kerala8217;s bill had spelt out the maximum permissible water levels for all dams, and the ceiling was put at 136 feet for Mullaperiyar. The bill gave the Dam Safety Authority, headed by a former judge, the power to direct any 8220;custodian8221; of any dam to suspend the functioning of the dam, or even decommission it if it is found to be a safety threat. The custodian, for Mullaperiyar, is the Tamil Nadu government, but the Authority has not yet begun flexing its muscle.

But such legislative manoeuvring in inter-state water wars hasn8217;t always been foolproof. Down south itself, the Cauvery Water Disputes Tribunal had asked Karnataka to release 205 thousand million cubic feet of water to Tamil Nadu, and Karnataka made an ordinance, later adopted as an Act, voiding the Tribunal8217;s order. The Supreme Court did not take long to declare the ordinance unconstitutional.

Not very different was the case of the Sutlej-Yamuna canal row when the Supreme Court directed the centre to take over construction of a portion of the canal in Punjab. The SC rejected Punjab8217;s review petition, and the Punjab Assembly quickly legislated to junk the 1981 agreement that the state had with its neighbours on sharing of river waters. The issue is still in court.

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Anyway, the Kerala-Tamil Nadu stand-off now is deteriorating to a highly emotive issue, leaving lakhs of people on each side with sharply different stakes in it. Almost every political outfit of consequence in Tamil Nadu is rallying around the issue, leaving little elbowroom for M. Karunanidhi8217;s DMK government to negotiate. Not different is the predicament of his Kerala counterpart, V.S. Achuthanandan, who cannot afford to back down from the state8217;s 27-year-old position in the issue.

But while both sides are keeping up an effective din and getting proactive 8211; people in Tamil Nadu are blocking most roads to Kerala, and the Kerala government is calling up the army and airforce to prepare for the projected catastrophe, and is even getting the navy to dive deep and look for chinks in the dam8217;s underwater 8212; a key question remains.

Kerala has been holding up the dam8217;s threat potential, but what really is the threat potential? Though it has accused Tamil Nadu of attempting to shield the truth by preventing even naval divers from looking up the dam8217;s submerged parts, the fact is that the only scientific study that Kerala can claim to support its claim is one by the government-owned Centre for Earth Science

Studies, which says the dam could burst if an earthquake over 6 on the Richter scale hits it real close. The state hasn8217;t had a quake that big yet.

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