The Central Ground Water Authority, Ministry of Water Resources has issued the Guidelines to regulate and control Ground Water Extraction in India (“Guidelines”) which will come into effect from 1st June, 2019.
Background:
In order to regulate the extraction of ground water by industries, mining projects and those under expansion/infrastructure/mining projects, the Ministry grants No Objection Certificate (“NOC”).
The entire process of grant of NOC will now be done online through a web based application system of CGWA (URL will be announced later).
Key Highlights:
- The process of obtaining an NOC for various uses and entities are mentioned in these Guidelines, however mentioned below are the different uses/types of entities whom these guidelines cover:
- For Drinking and Domestic Use-
Request for NOC must be considered only in cases where the water supply department / agency concerned is unable to supply adequate amount of water in the area. For granting NOC for ground water withdrawal for drinking & domestic purposes, two broad categories identified are as follows:
a)Individual households/ connections
b)Infrastructure projects/industries/ mining projects/ public water supply agencies / others requiring water only for drinking & domestic use.
- Industries
- Mining projects
- Infrastructure projects requiring dewatering or use of ground water for construction
- Agricultural Sector
- Abstraction of Saline / contaminated ground water
- Water Conservation Fee
All ground water users would have to pay WCF based on quantum of ground water extraction. The rates of WCF for ground water withdrawal for various uses have been arrived at after considering:
- Cost of implementation of rainwater harvesting/ artificial recharge structures by industries/ infrastructure units/ mines which have been mandated to implement the same as per NOCs granted earlier and
- Charges being levied by various State Governments for use of surface water by industries.
- Renewal Fee
- NOC must be renewed periodically, subject to compliance of the conditions mentioned.
- The applicant shall apply for renewal of NOC at least 90 days prior to expiry of its validity.
- Application for renewal of NOC must be accompanied by the compliance report.
- Before granting renewal, inspection of the premises will be carried out by the Regional Office of CGWB to check compliance of conditions laid down in the NOC.
- In case of change in category of the area, renewals would be granted with conditions as laid down for such areas.
- If the application for renewal is submitted in time and CGWA is unable to process it within the stipulated time frame, NOC will be deemed to be extended till the date of renewal of NOC.
- If the proponent fails to apply for renewal within 3 months from the date of expiry of NOC, the proponent will be required to pay a fine equivalent to five times of Water Conservation Fee for 3 months. Beyond this period, the existing abstraction structure must be sealed.
- Extension of NOC – Extension of NOC will be granted for a maximum period of two years. No further extension will be granted after the expiry of the extended period. In that case, the applicant will have to apply afresh for grant of NOC.
- Processing Fee – A Processing fee of Rs.10000/- will be applicable for grant of new NOC and Rs.5000/- shall be applicable for renewal of NOC.
Source: The Central Ground Water Authority
