Water-sharing scheme enforceability requires an operative tribunal decision, not a proposal dependent on further agreement or legislation.
Scheme B is not an enforceable water-disputes tribunal decision because its implementation was not ordered and it depended on a monitoring authority to be established by agreement or legislation. The notified award allocates water to States en bloc, subject to express restrictions, rather than imposing general project-wise limits. The lower riparian State may use surplus flows but has no right to them and cannot use them through permanent large-scale projects or reservoirs. No general requirement exists for other riparian States' prior consultation or consent, although central and statutory clearances remain necessary. Original jurisdiction over inter-State disputes extends to enforcement suits but not the unadjudicated submergence grievance concerning river control. The proposed dam may be constructed up to 519.6 metres subject to clearances; a greater height remains for a future water-disputes tribunal.
Issues: (i) Whether suits seeking enforcement of a tribunal decision were maintainable and a fresh submergence grievance was justiciable; (ii) whether Scheme B was an enforceable tribunal decision; (iii) whether the award imposed project-wise allocations and the challenged Upper Krishna Project violated it; (iv) whether the lower riparian State could claim rights over surplus water or use it through permanent large-scale projects; (v) whether projects and their approval required other riparian States' prior consultation or consent; and (vi) whether the proposed dam could be raised to 524.256 metres.
Issue (i): Whether suits seeking enforcement of a tribunal decision were maintainable and a fresh submergence grievance was justiciable.
Analysis: Article 131 confers original jurisdiction over qualifying disputes between States, subject to Article 262 and Section 11 of the Inter-State Water Disputes Act, 1956. Jurisdiction depends on the pleadings and reliefs read as a whole. The suits asserted enforcement of an adjudicated decision; the separate submergence grievance concerned river control and had not been adjudicated. The contemplated review concerned Scheme A, whereas the first suit sought implementation of Scheme B.
Conclusion: The enforcement suits were maintainable and the first suit was not premature. The fresh submergence grievance was outside the Court's jurisdiction.
Issue (ii): Whether Scheme B was an enforceable tribunal decision.
Analysis: Sections 5 and 6 distinguish the tribunal's findings from its decision requiring publication. The tribunal included Scheme A in its final order but left Scheme B dependent on a monitoring authority to be established by agreement or legislation. Clarifications concerning Scheme B did not alter its status; Section 6A concerns implementation of a tribunal decision.
Conclusion: Scheme B was not a tribunal decision requiring publication and could not be enforced.
Issue (iii): Whether the award imposed project-wise allocations and the challenged Upper Krishna Project violated it.
Analysis: The notified award allocated water en bloc, subject to express restrictions. Project requirements had been assessed to determine each State's needs, not to impose limits on every project. Reservoir storage was distinct from use under the award, and the evidence did not establish an allocation breach or irreparable injury.
Conclusion: The allocation was en bloc except for the award's express restrictions, and the alleged violation by the Upper Krishna Project was not established.
Issue (iv): Whether the lower riparian State could claim rights over surplus water or use it through permanent large-scale projects.
Analysis: The award allowed the lowest riparian State to use remaining flows while preserving upper riparian interests and excluding any allocation or right to the excess. Project clearance required attention to those limits.
Conclusion: The lower riparian State had a liberty, not a right, to use surplus flows and could not use them through permanent large-scale projects or reservoirs.
Issue (v): Whether projects and their approval required other riparian States' prior consultation or consent.
Analysis: No applicable law or award condition was identified requiring consultation with, or consent from, every other riparian State. Projects remained subject to relevant central and statutory approvals.
Conclusion: There was no general requirement of prior consultation or consent; required central and statutory clearances remained necessary.
Issue (vi): Whether the proposed dam could be raised to 524.256 metres.
Analysis: Expert material indicated that a lower height could meet the presently envisaged use. The higher proposal had not received final approval and was associated with anticipated additional water under the unimplemented Scheme B.
Conclusion: Construction up to 519.6 metres was permitted subject to required clearances; a greater height was left for a future water-disputes tribunal.
Final Conclusion: The notified allocation remains operative, while the alternative scheme is not enforceable. Fresh water disputes and proposals for a greater dam height remain for the statutory tribunal.
Ratio Decidendi: A water-disputes tribunal's proposed scheme is not a binding decision where the tribunal has not ordered its implementation and it cannot operate independently of further agreement or legislation.