final book.pdf
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
allocated in any water year of the river Krishna in excess of the quantity specified.<br />
C. Agreement on usage of Pennar Waters<br />
The agreement on the utilization of the Pennar river water were reached between<br />
the Government of Madras and the Government of Mysore in February 1892. It, among<br />
others, covers utilization of waters of Pennar and its tributaries and also Tungabhadra and<br />
Vedavathi. This agreement was partially modified by an agreement reached between the<br />
two Governments in December 1933.<br />
According to present agreement the AP is entitled to utilize 98 tmc ft of water and<br />
is fully utilized by now. The anticipated yield from Pennar Basin is being realized only on<br />
down stream of Anantapur district, resulting in non receipt of water to Small, Medium<br />
Irrigation Projects (viz) Upper Pennar Project, Mid Pennar Dam and also many tanks situated<br />
in Pennar Basin (Including Chithravathy Sub Basin) is mainly due to contribution of yield<br />
through streams like KUNDU, SAGILERU, PAPAGNI and to lesser degree Chithravathy. All<br />
these streams are contributing yield to some extent outside Anantapur District territory to<br />
benfit only Pennar delta in Nellore District.<br />
7.0 GUIDING PRINCIPLES LAW APPLIED IN THE DECISION OF KWDT AWARD<br />
The guiding principle and law applied in adjudication of Krishna river water posing<br />
a great hindrance to create Irrigation facility atleast to a minimum level in the needy<br />
Rayalaseema region in general and Anantapur, Mahaboob nagar districts in particular. The<br />
apportionment of water resources must take into account the peculiar physical, hydrological,<br />
economic political and legal characteristics of the river system, the state wise drainage<br />
area, contribution to the supply, the respective needs of the regions, the population<br />
dependent on the water supply, the degree of their dependence, alternative means of<br />
satisfying the needs, the extent of lawfully established uses, reasonable requirements for<br />
future uses in each region, the relative value of different uses and avoidance of unnecessary<br />
waste of water.<br />
Equitable apportionment calls for the above variable yet important factors. The<br />
weight to be given to a relevant factor is a matter of judgment on the pertinent facts of the<br />
particular case and no hard and fast rule can be laid down.<br />
7.1 PRIORITY TO EXISTING USES<br />
In the KWDT has discussed the principle of priority of appropriation at length<br />
quoting from the law in United States of America under which the one who first appropriated<br />
water and put it to beneficial uses there by acquired a vested right to continue to divert and<br />
use that quantity of water against all claimants junior to him in point of time.<br />
“FIRST IN TIME, FIRST IN RIGHT” is the short expression of this legal principle. The<br />
committee considered that prima face the reasonable requirement of all projects in<br />
<br />
29