AN intervention by Putrajaya may be the only way for Kedah, Perak and Penang to resolve their “water war” or the states’ agricultural sectors will be badly affected, said observers.

They said the conflict concerns politicking and parochial interests than business or sustainability, when in fact all three states will face a major water crisis.

Penang – which depends on Kedah’s Sungai Muda for most of its water supply – faces water woes during the dry season and is caught in the middle of the war.

Kedah wants Penang to pay an annual fee for the raw water supply it is currently drawing for free from Sungai Muda on its side of the state border.

Penang’s attempt to implement the Sungai Perak Raw Water Transfer Scheme (SPRWTS) has also hit a snag.

Kedah Menteri Besar Muhammad Sanusi Md Nor wants Penang to pay RM50 million in annual raw water fees.

Penang Chief Minister Chow Kon Yeow earlier this year said he is awaiting Kedah’s next course of action after Sanusi appointed a panel of lawyers to handle the fee dispute between both states.

According to international law, anyone has riparian rights to raw water usage, he added.

In Perak, the scheme that Penang has been trying to implement since 2013 has suffered delays after Perak said it does not have enough raw water even for its own people.

The SPRWTS is part of the Penang Water Supply Initiative 2050 and aims to address the state’s raw water shortage by 2030.

Water development expert Mohd Firdaus Abdullah said Putrajaya’s involvement is vital to ensure an amicable settlement between all parties.

The current situation looks like a political dispute between PAS-led Kedah and DAP-led Penang than an actual business transaction, he added.

“We can say this is water politics. In this century, we no longer need to carry arms, all we need is a water war,” the Universiti Kebangsaan Malaysia lecturer told The Malaysian Insight.

“Penang is doing what any state would do if they are in the same predicament.

“Knowing that it needs to look for alternatives, Penang sought Perak’s raw water supply. But given their political differences, Perak, too, said ‘no’.”

Kedah’s red herring

Sanusi said Penang should pay his state an annual fee for raw water as Penang draws water from Sungai Muda, which originates in Kedah and flows into Butterworth, where it is treated.

He cited an alleged 1786 treaty that governs Kedah’s “ownership” of Penang and lease.

The alleged treaty also meant that Penang should pay Kedah RM100 million in lease compensation a year, he added.

However, the treaty has been debunked as a myth and “false historical narrative”, said historian Prof Ahmad Murad Merican.

The social and intellectual history professor, whose area of expertise includes Kedah and Penang history, said the only rightful party who can claim such a payment is the Kedah palace, since Penang was founded by British colonialist Francis Light who leased it from the Kedah sultan in 1786.

Sanusi also threatened Penang, saying that it should be prepared to draw muddy water from its section of Sungai Muda if it refuses to compensate Kedah.

He said this last year, after his state announced plans to build 14 water tanks along the river bank under its Takungan Air Pinggiran Sungai project.

The project is aimed at ensuring that Sungai Muda’s water level is stable even during droughts.

Firdaus said going by Sanusi’s logic, Kedah should also demand raw water payment from Perlis.

“But Kedah is not doing so because Perlis is part of the Barisan Nasional-PAS partnership Muafakat Nasional,” he said, adding that he is unsure whether a swift resolution can be obtained even with federal interference.

Politicising water supply

Universiti Teknologi Malaysia’s Mazlan Ali also agreed that the conflict should be brought to the negotiating table.

Sanusi is playing politics, he said, noting that previous Kedah governments did not ask Penang for any raw water payment.

“What is Kedah’s basis of asking payments from Penang when previous state governments did not make the same request? This shows that Sanusi is playing up people’s emotions for political mileage.

“This dispute should be taken to a committee to be discussed and negotiated. There are forums between federal and state governments that can be used for talks.

“The regular meetings between the prime minister and chief ministers and menteris besar can also be used for this matter.”

Perak Menteri Besar Saarani Mohamad told the state assembly that the state government is sympathetic towards Penang’s plight, but has to think of its own needs.

Political observer James Chin said the problem is political, and that Putrajaya’s involvement may not guarantee a solution.

“Moreover, Penang is an opposition state,” said the academician from the University of Tasmania.

Deputy Agriculture and Food Industries Minister I Ahmad Hamzah said the three states are headed for a water shortage by 2050.

The states’ agriculture sectors will be affected, he added, urging them to swiftly resolve their differences.

He said the federal government does not get involved in land and water matters as they are under the jurisdiction of the respective state government.

While Kedah and Penang have reached stalemate, Chow said SPRWTS talks with Perak will resume next month.

Perak and Penang have both agreed to refer discussions to the Environment and Water Ministry, which is also studying water resources in Sungai Perak. – March 31, 2022.