THE National Water Resources Council (NWRC) should intervene and stop the row over water between Penang and Kedah, said Charles Santiago. 

The former National Water Services Commission (SPAN) chairman said there is nothing wrong with the current arrangement that cannot be resolved.  

“NWRC needs to intervene and make a decision on this dispute. 

“The issue is that the river (Sungai Muda) that flows through Kedah doesn’t belong to the state. So, if they (both parties) want to talk about water tariffs or any other issue then they have to raise it with the NWRC,” he told The Malaysian Insight.

Santiago was commenting on Penang deputy chief minister II P. Ramasamy’s calls for a federal-backed statutory water body to manage and regulate the Ulu Muda region to stop the water dispute between Kedah and Penang. 

Ramasamy had said such a statutory body is essential to manage, safeguard and regulate water supply to the two states and to Perlis.

The NWRC is chaired by the Prime Minister (Muhyiddin Yassin).

Santiago said the PM needs to intervene before the situation turns uglier and poses an economic threat to both states. 

“The Kedah MB is threatening the water security of a neighbouring state. It has implications for business, health and economic sustainability of the state.

“The river is only flowing through the state. And the state has to respect riparian rights, which mandates states not to cut off water flowing to other jurisdictions,” the Klang MP from DAP said.

Early this month, Kedah Menteri Besar Muhammad Sanusi Md Nor said the state wants Penang to consider paying its northern neighbour for using its water resources, to the tune of RM50 million.

Sanusi said Penang is currently using 56% of water sourced from the catchment area in Ulu Muda in Kedah and not paying the Kedah state government a single sen.

He recently announced plans for a riverside water catchment area to reserve supply for Kedah, and warned that Penang could see its part of Sungai Muda dry up.

Santiago, however, said the issue is that Sungai Muda, where Penang draws its water from, doesn’t belong to Kedah.

“The river is only flowing through the state. If Kedah cuts water to Penang then what’s going to happen? 

“What’s happening is piracy. They (Kedah) are taxing water going through the state.”

He said sharing of natural resources must be part of national policy. 

Meanwhile, Malaysian Water Forum president Saral James Maniam said they fully support a statutory water authority regulating the water supply to Kedah, Penang and Perlis.

“They need a neutral party to regulate this issue. This Federal statutory board (NWRC) will be there to ensure water flows to all three states without any interruptions.

“I agree Putrajaya should intervene to give the best solution that is good for each party. Water is a human right and it should not belong to one state.”

She said good water governance is needed in Malaysia to handle water problems complexity.  

“Water law, the federal constitution needs to be amended to protect water source and not to be mismanaged by one party.

“The NWRC should  suggest law reform for all national water sources with unified terms and comprehensive water management.”

She said NWRC should come up with a solution to this water war before it spreads to other states on claims of water resources. 

Penang Chief Minister Chow Kon Yeow had said the state 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.

Earlier, Chow said they 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.  

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

Environmentalists and also the Perbadanan Bekalan Air Pulau Penang Sdn Bhd have also expressed concern in the past that logging has threatened the Ulu Muda catchment area, which is believed to be about 15% destroyed. – March 26, 2021.