GEORGE TOWN – Farmers along the contentious Sg Muda in North Seberang Prai have expressed disdain over the way the water dispute between Penang and Kedah is playing out.
They will be at the receiving end if the ongoing spat between Kedah Menteri Besar Muhammad Sanusi Md Nor and Penang Chief Minister Chow Kon Yeow over access to the river remains unresolved.
On Sanusi, who studied at Universiti Sains Malaysia and whose first job was at environmental watchdog Sahabat Alam Malaysia, the farmers said he fails to realise that padi planters are on the Penang side of Sg Muda.
The area, they said, is known as the “jelapang padi of Penang” and has the highest yield nationally. It is estimated that about 3,000 farming families live along the state’s Sg Muda boundary.
Some of the farmers said discussions should have been held behind closed doors and resolved amicably for the benefit of the people.
“The Kedah menteri besar should be courteous and polite in his words when expressing his intentions to handle the issue. Now, he just chooses to hurt people most of the time.”
The farmers were referring to Sanusi’s recent statement that he will build 14 water tanks along Sg Muda and divert streams into Kedah to reduce water downstream where the river acts as a border with Penang.
This is the latest development in his ongoing feud with Penang, with the leader standing firm that Kedah wants its neighbour to start paying for raw water. Penang contends that it has riparian rights to the river, the largest in the northern region.
About 80% of Penang’s drinking water is extracted from Sg Muda, particularly from the Lahar Tiang raw water intake plant.
How the people feel
Ismail Che Mat, 68, from Penaga near Kepala Batas questioned why the issue is being brought up again.
“People in both states have been sharing resources for centuries, and Sanusi is making it an issue again.
"Water is a gift from God, and the states blessed with water resources should be wise to share the commodity.
“We have been involved in padi farming on 2.5ha of land here for the last three generations, using water from Sg Muda for irrigation. The entire community in North Seberang Prai depends on it for farming, and residents downstream also need the water for domestic use.
“Sanusi’s attempt to block water from flowing into Penang is cruel. We don’t want to see a state leader using such tactics, which hurt the people. We want the leaders to sit at the table, thrash out things, and come up with an amicable solution that will benefit all.”
By drying up Sg Muda, Ismail questioned if Sanusi plans to build low-cost houses instead, as Kedah farmers will have to make way for the water tanks.
“Any development must benefit the people. Will the menteri besar’s proposal to block the river benefit the people of Kedah? I don’t think so.
“The war of words between the leaders shows immaturity in resolving conflicts.”
Ahmad Yacob, 73, whose family have been involved in padi farming in Pinang Tunggal for the last three generations, said the leaders should stop arguing in the media.
“Any negative words and actions will affect the people, especially the younger generation. If Kedah incurs high expenditure to preserve the water catchment area in Ulu Muda, then it would be wise for Penang to offer a token amount to reduce Kedah’s financial burden. But, Kedah should not demand money for raw water. I think it is not right.”
Zainal Ishak, 60, from Paya Keladi, who owns 2.5ha of padi fields along the bank of Sg Muda, said it is not practical for Kedah to divert water from Penang as there are Kedah farmers downstream.
He suggested that Kedah construct a river parallel with Sg Muda to cater to the irrigation needs of these farmers.
“During the rainy seasons, whenever Sg Muda overflows, entire villages along the river in Pinang Tunggal, Pantai Kamloon, Kg Bumbong Lima, Permatang Bendahari, Penaga and Kuala Muda are badly flooded. This has been happening for centuries.
“We have witnessed water levels rising up to the roofs, and the poor living in low-lying areas would lose all their belongings. They are forced to rebuild their lives each time the water recedes.
“Has the Kedah government compensated these families for their losses?”
Mohd Yusri Mustafa, 42, said he cannot accept Sanusi’s plan as it will hurt entire farming communities in Penang, adding that the dispute should be resolved quickly.
“Kedah cannot be selfish and claim ownership of the river. The menteri besar must admit that for the last 50 years, Penang factories have also provided employment to Kedahans. We are neighbours, and we must maintain a good relationship for lasting peace and harmony.”
‘Old’ dispute made fresh
The war of words between the states is not new, and neither is Kedah’s demand for compensation. Penang has often referred to the Kedah and Penang (Border Change) Act 1985 (Act 325) and its rights under Article 2 of the federal constitution.
In 2003, the Barisan Nasional-led government planned to log thousands of hectares of forest – an area bigger than Penang – in the Ulu Muda water catchment area. In June 2008, then Kedah menteri besar Datuk Seri Azizan Abdul Razak of PAS also threatened to log trees near the area if the state did not receive RM100 million from the federal government.
The plans fell through, and the area remains intact.
In 2013, The Star reported that then Penang chief minister Lim Guan Eng slammed Kedah’s bid for raw water compensation as “unreasonable”, likening it to “asking (for) money for nothing”.
And, then Kedah menteri besar Datuk Mukhriz Mahathir responded that the two states should negotiate for payment, echoing demands by previous PAS-led Kedah governments.
In a statement, Lim had said: “Firstly, Kedah is not supplying raw water to Penang. Sg Muda flows through Penang naturally. We draw water from the river ourselves using our own water supply infrastructure, at our own cost.
“Since there is no cost on Kedah’s side, why should there be any charges?... In accordance with riparian rights, or water rights, the owners of land near a natural raw water resource may be entitled to natural flow, reasonable use, and beneficial use.”
That same year, then deputy energy, green technology and water minister Datuk Seri Mahdzir Khalid allegedly suggested that the National Water Services Commission act as a mediator should “negotiations end abruptly”.
Mahdzir, who helmed Kedah from 2005 to 2008, reportedly brought up the Sg Muda compensation issue, but was dismissed by then Penang chief minister Tan Sri Koh Tsu Koon.
Last year, Sanusi made a renewed demand for compensation, saying Penang must pay tariffs for raw water from Sg Muda for the preservation of the water resource. Kedah demanded that the Penang Water Supply Corporation settle its payment for raw water resources amounting to RM50 million a year after it took offence to criticism of the state’s move to approve rare-earth mining.
That did not go down well with Penang, with Chow citing international water laws to justify the state’s refusal to pay. In retaliation, Sanusi threatened to take the matter to court, as possible legal actions had been outlined by the Kedah Water Resources Board.
If Penang and Kedah are unable to reach an amicable solution, the matter could very well be decided by Putrajaya. Under Article 74(1) and Item 11(b) of List I of the Ninth Schedule of the constitution, Parliament is empowered to legislate on matters related to rivers and canals that are not wholly within one state or regulated by an agreement between all the states concerned. – The Vibes, April 3, 2021
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