Model bill to regulate and control the development of groundwater by Ministry of Water Resources (1992, 1996 and 2005)

Model bill to regulate and control the development and management of ground water, 1992

A model bill for groundwater regulation was first proposed by the union government for adoption by the states in 1970. This version revised in 1992 proposes that the State Government/Union Territory establish an Authority to be known as the Ground Water Authority for regulating groundwater use.

The Ground Water Authority shall consist of -

• A Chairman to be appointed by the State Government/Union Territory;
• Representatives of the Departments as are concerned with survey, exploration, development or protection of ground water to be appointed by the State/Union Territory Government;
• Such number of other members who, in the opinion of the Government have special knowledge or practical experience in matters relating to ground water, to be appointed by the Government

The Ground Water Authority would have the powers to –

• Notify areas for control and regulation of groundwater extraction or use or both.
• Grant of permit to extract and use groundwater in the notified area - Any user of groundwater desiring to sink a well in the notified area for any purpose either on personal or community basis, shall apply to the Ground Water Authority for the grant of a permit for this purpose, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the Ground Water Authority.
• Provided that the small and marginal farmers will not have to obtain a permit if the well is proposed to be sunk for exclusively personal purposes excluding commercial use. They will, however, have to notify the Groundwater Authority before taking up construction of a structure.
• Registration of existing users in the notified areas through the grant of a certificate of registration recognising its existing use in such form and in such manner as may be prescribed.
• Power to alter, amend or vary the terms of the permit.
• Prohibition of carrying on the business of sinking wells in the notified area.
• Grant of licence for sinking of wells.

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Model bill to regulate and control the development and management of ground water,

1996

This version revised in 1996 proposes that the State Government/Union Territory establish an Authority to be known as the Ground Water Authority for regulating groundwater use.

The powers of the Ground Water Authority include:

• Powers to notify areas for control and regulation of groundwater development.
• Grant of permit to extract and use groundwater in the notified area.
• Registration of existing users in notification areas.
• Registration of user of new wells in non notified area.
• Power to alter, amend or vary the terms of the permit. Cancellation of permit/certificate of registration or licence.

The Ground Water Authority shall consist of -

• A Chairman to be appointed by the State Government/Union Territory;
• Representatives of the Departments as are concerned with survey, exploration, development or protection of ground water to be appointed by the State/ Union Territory Government;
• Such number of other members who, in the opinion of the Government have special knowledge or practical experience in matters relating to ground water, to be appointed by that Government.

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Model bill to regulate and control the development and management of ground water, 2005 

This version revised in 2005 proposes that the State Government/Union Territory establish an Authority to be known as the Ground Water Authority for regulating groundwater use. The powers of the Ground Water Authority include:

• Powers to notify areas for control and regulation of groundwater development;
• Grant of permit to extract and use groundwater in the notified area;
• Registration of existing users in notification areas;
• Registration of user of new wells in non notified area;
• Power to alter, amend or vary the terms of the permit; and
• Cancellation of permit/certificate of registration or licence.

The Ground Water Authority shall consist of -

• A Chairman to be appointed by the State Government/Union Territory;
• Representatives of the Departments as are concerned with survey, exploration, development or protection of ground water to be appointed by the State/ Union Territory Government; and
• Such number of other members who, in the opinion of the Government have special knowledge or practical experience in matters relating to ground water, to be appointed by that Government.

Unlike the previous versions of the Model Bill this one has a section (section 19) devoted to “Rainwater Harvesting for Groundwater Recharge”. It states that –

• Rainwater harvesting structures feasible in urban areas include recharge pits, trench, existing tube wells or open wells etc.
• In rural areas, groundwater recharge may be taken up considering watershed as a unit. The feasible recharge structures in rural areas include construction of gully plugs, contour bunding, gabion structure, check dam/weir, percolation tank, recharge shaft etc.
• To improve the ground water situation, the Authority may identify the recharge worthy areas in the State and issue necessary guidelines for adoption of rainwater harvesting for groundwater recharge in these areas.
• In rural areas, watershed management to facilitate groundwater recharge may be encouraged through community participation.
• The Authority may give appropriate directions to the concerned departments of the State/UT Government to include rainwater harvesting in all developmental schemes falling under notified areas. In urban areas, falling in notified areas, the Authority may issue directives for constructing appropriate rainwater harvesting structures in all residential, commercial and other premises having an area of 100 sqmt or more in manner prescribed within the stipulated period. 

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