National Water Services Commission (SPAN) has failed to uphold its statutory duty and responsibility as an independent national water services regulator by adopting a political position instead of respecting the Federal Constitution and the legal doctrine of riparian rights. SPAN sees nothing wrong in Kedah’s plans to instal water storage areas along Sungai Muda, even though SPAN admits the 14 tanks, 20m-30m deep and up to a kilometre wide, would “throttle” water supply when Sungai Muda reaches Penang.
Kedah Menteri Besar Muhammad Sanusi Md Nor, in announcing the project, had arrogantly told Penang to “be ready” to drink muddy water if it refuses to compensate Kedah for water drawn from the river. How can SPAN continue to function as a national water services regulator when it either condones or would not step in to prevent 1.8 million Penangites from drinking muddy water?
Clearly the Environment and Water Minister Tuan Ibrahim Man is ganging up with his PAS cohort to help Muhammad Sanusi to “extort” money from Penang with this Federal government project, with the cost still unspecified.
Penang has every legal right under the Federal Constitution to draw water from the river which flowed into its borders, supplying 80% of the water needs of 1.8 million Penangites.
The Ninth Schedule (Legislative Lists) lists out water, control of silt and riparian rights as State matters. Penang would take both Kedah and the Federal government to court for violating Penang’s constitutional and riparian rights by carrying out a project that forced Penangites to “drink muddy water”.
Muhammad Sanusi should stop such bullying tactics, when paying for water drawn on Penang side of the border is both illegal and unconstitutional. First, the various agreements between both states as well as the Kedah and Penang (Alteration of Boundary) Act 1985 has concluded the agreed altered boundaries between the two northern states.
Second, a riparian owner, whether a landowner or a state like Penang, possesses an inalienable right to use and extract from Sungai Muda when it runs on the side of Penang’s border, where the course of the river cannot be artificially manipulated, altered or realigned. Penang has the right to receive a natural flow of water in its usual quantity and quality.
Any disruption leading to pollution, or adversely impacting the quantity and quality of water would allow Penang as a riparian owner to seek compensation. The Penang state government and the DAP would vigorously defend Penang’s right to clean water and not muddy water.
For the past 64 years, no Federal government has conspired with another state government to threaten the population of another state with drinking muddy water. This is divisive and would unnecessarily stoke resentment and inflame sentiments. Both PN and the PAS Cabinet is utterly reckless and irresponsible for sacrificing Federal Constitution rights and obligations for political expediency and benefit.