THE Penang government will do everything within its means, including taking legal action to stop any projects by the Kedah government that affect the supply of water to Penang, said Penang Chief Minister Chow Kon Yeow.

According to Chow, any projects undertaken by Kedah involving Sungai Muda, upstream of Lahar Tiang intake in Penang, must comply with laws and regulations.

“If Kedah Menteri Besar Muhammad Sanusi Md Nor thinks that he may arbitrarily implement a project in Kedah that directly threatens water supply in Penang, he is mistaken.

“If his project affects Penang in an adverse manner, we will act promptly to stop it immediately,” said Chow in a statement today.

The Tanjong MP said that their options to halt adverse projects include submitting an official objection to the federal government, raising objections for debate in Parliament, and/or initiating legal action to obtain a court injunction to stop that project.

Chow’s latest statement is a follow up to the ongoing exchanges between the two states over water from Sungai Muda.

Yesterday, Sanusi said 14 water tanks would be built along the river to ensure there was enough water for Kedahans and rice farmers along the river.

About 80% of Penang’s water is extracted from the stretch of river that flows through the state.

Chow said such a project may adversely affect or compromise water supply services for 1.8 million people in Penang.

He also said that Penang has been drawing raw water from Sungai Muda since 1973 without paying Kedah a single sen, and that it will continue to do so.

“No payment is applicable because there is no legal or valid reason for Penang to pay.

“Penang has never signed any agreement, memorandum of understanding (MoU) or contract to pay Kedah.

“Therefore, as far as Sungai Muda is concerned, we will continue to assert Penang’s legal right to draw water without charge from a river that flows through our state,” he said. 

Chow reminded Sanusi that any proposal for a project must comply with state and federal laws.

He said Kedah may not implement any project involving Sungai Muda that is illegal by law or without approval from federal government.

“All of Sanusi’s schemes are subject to approval by federal government and it is likely that Kedah will also need federal funding, in the form of loans or grants, to undertake those projects.

“As such, Sanusi may propose, but federal government and/or the laws of our land may dispose,” Chow said.

Sanusi and Chow have been embroiled in a war of words about water almost since Sanusi took office 10 months ago.

Sanusi said currently Penang is using 56% of water sourced from the catchment area in Ulu Muda in Kedah and not paying the Kedah for it.

He said there were various ways for Penang to determine payment to Kedah for its water usage and the matter should be negotiated between the two governments with the federal government acting as the facilitator.

In terms of contingency plans, Chow said Penang will review the Penang Water Supply Initiative 2050 projects proposed by Perbadanan Bekalan Air Pulau Pinang Sdn Bhd (PBAPP) soon.

He said that the state government will look into implementing more strategic projects under the PWSI 2050 to mitigate the risks of potential “mishaps” involving Sungai Muda that may affect water supply services in Penang in the future.

Chow said these measures may involve alternative water technologies and incur higher water supply costs and tariffs. – March 25, 2021.