CAUVERY ISSUE - SUPREME COURT JURISDICTION 16-Feb-2018

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Mysore State without previous reference to the Madras
Government‖. The Tribunal set down the relevant clauses of the
Rules and the extracts therefrom having a formidable bearing on
the issue under scrutiny are quoted hereinbelow:-
―The Mysore Government shall not, without the previous
consent of the Madras Government, or before a decision
under rule IV below, build (a) any ―New Irrigation
Reservoirs‖ across any part of the fifteen main rivers
named in the appended Schedule A, or across any stream
named in Schedule B below the point specified in column
(5) of the said Schedule B, or in any drainage area
specified in the said Schedule B, or (b) any ―New anicut‖
across the streams of Schedule A, Nos. 4 to 9 and 14 and
15, or across any of the streams of Schedule B, or across
the following streams of Schedule A, lower than the
points specified hereunder:
Across 1. Tungabhadra – lower than the road crossing at
Honhalli,
Across 10 Cauvery – lower than the Ramaswami Anicut
and,
Across 13 Kabani – lower than the Rampur anicut.
III. When the Mysore Government desires to construct
any ―New Irrigation Reservoir‖ or any new anicut
requiring the previous consent of the Madras
Government under the last preceding rule, then full
information regarding the proposed work shall be
forwarded to the Madras Government and the consent of
that Government shall be obtained previous to the
actual commencement of work. The Madras
Government shall be bound not to refuse such consent
except for the protection of prescriptive right already
acquired and actually existing, the existence, extent and