Disputes About the Dam

The government of Tamil Nadu has proposed an increase in the storage level of the dam from the currently maintained 136 feet (41 m) to 142 feet (43 m). The Kerala government has opposed this move, citing safety concerns for the more than hundred year old dam and especially for the thickly populated 4 districts downstream. Twenty six tremors have occur ed near the premises of the dam in the last nine months. IIT Roorkee report states that dam can not withstand earth quakes of magnitude 6 and above. It is a serious matter affecting lives and assets of millions of people. Kerala is willing to construct new dam and It is willing to provide water for Tamil Nadu. But still TN is opposing the move fearing that they will lose control over the functionality of Dam. The dispute is going to affect lives of millions staying in the three districts near the dam.

The Lease Agreement

A lease deed was signed between the Travancore Princely State and British Presidency of Madras in 1886 which gave the British the right to divert "all the waters" of the Mullaperiyar and its catchment to British territory (the Madras Presidency, now Tamil Nadu) for 999 years. After Independence, both the entities became non-existent. Further, according to Indian Independence Act 1947, all the treaties between British Government and Indian Princeley States have lapsed. Moreover, Article 131 of the Constitution of India denies Supreme Court of jurisdiction on pre-constitutional agreements. Kerala argued that the agreement is not an equal one, but imposed on the local King by the British Empire.

In 1970 the Kerala and Tamil Nadu governments signed a formal agreement to renew the 1886 treaty almost completely. The Idukki Hydroelectric project, located 30 km downstream was completed in 1976 by the Kerala government. After Independence the areas downstream of the Mullaperiyar become heavily inhabited, as Kerala has a very high population density.

Safety Concerns

In 1979, safety concerns were raised by Kerala Government after a minor earthquake, after which a few leaks were detected in the dam. A state agency had reported that the structure would not withstand an earthquake above magnitude 6 on the Richter scale. The then Tamil Nadu government lowered the storage level to the current 136 feet (from 142.2 feet) at the request of the Kerala Government to carry out safety repairs, after which it was suggested that the storage level could be raised to the full reservoir level of 152 feet (46 m). Security concerns regarding the downstream inhabitants prompted Kerala to backtrack on the 1970 Agreement in 2000. Water level in the 116-year-old Mullaperiyar dam rose to 135.8 feet.