INTRODUCTION

“Water, water, everywhere,

And all the boards did shrink;
Water, water, everywhere,
Nor any drop to drink.”
― Samuel Taylor Coleridge, The Rime of the Ancient Mariner.

In this era of technology reaching the zenith and making the life of humans more comfortable,
somewhere we have forgotten to keep the nature in consonance with the development, the major issue
being that of the water. Overexploitation of groundwater and intensive irrigation in major canal
commands has posed serious problems for groundwater managers in India. Groundwater is the major
source of drinking water in both urban and rural India. Besides, it is an important source of water for
the agriculture and the industrial sector. Water utilization projections for the recent years put the
groundwater usage at about 70%. Being an important part and integral part of the hydrological cycle,
its availability depends on the rainfall are recharge conditions. Till recently it had been considered a
dependable source of uncontaminated water. Groundwater crisis is not the result of natural factors; it
has been caused by human actions. During the past two decades, the water level in several parts of
the country has been falling rapidly due to an increase in extraction. The requirement for the industry
also shows an overall increase. The quality of groundwater is getting severely affected because of the
widespread pollution of surface water. Besides, discharge of untreated waste water through bores and
leachate from unscientific disposal of solid wastes also contaminates groundwater, thereby reducing
the quality of freshwater. As far as quality of groundwater is concerned, many states in the country
have been identified as endemic to fluorosis due to abundance in naturally occurring fluoride-bearing
minerals.1 The first attempt to estimate the groundwater resources on scientific basis was made in
1979 when a High Level Committee, known as Groundwater over Exploitation Committee was
constituted by Agriculture Refinance and Development Corporation (ARDC). Based on the norms
for the groundwater resources computations recommended by this committee, the State Government
and the Central Ground Water Board computed the gross ground water recharge as 70% of the gross.2

1
http://edugreen.teri.res.in/explore/water/ground.htm
2
Smriti Chand, “India’s Ground Water Resources and its Availability”, <
http://www.yourarticlelibrary.com/water/indias-ground-water-resources-and-its-availability/20886/> accessed on 18th
September, 2015
The importance of groundwater to all the water users can become a source of conflict where
abstraction of water on one plot of land affects water availability on neighbouring plot. Another
important issue is the quality of groundwater. Alongside the rising importance of groundwater, threats
to its quality have also dramatically risen. The dramatic increase in groundwater use and importance
as a source of water have led to significant debates but relatively little way of concrete policy
decisions. To-date, the most significant initiatives at the Union level have been the drafting of a model
bill for the adoption by the states and the setting up of the Central Groundwater Authority mandated
to regulate and control the use of groundwater.3

GROUNDWATER LEGISLATION – AN OLD MODEL IN NEW CONTEXT

Groundwater law reforms are noteworthy for several reasons. Firstly, the proposed change conform
to model that is neither directly in line with water sector reforms nor influenced by the 73 rd
constitutional amendment, human rights and environment principles. Secondly, they perpetuate the
sectoral treatment of surface and groundwater in the 21st century, perpetuate a system that link access
to groundwater and land and fail to acknowledge that groundwater is the primary source of drinking
water and thus primordial in the major law reform currently ongoing which is not directly influenced
by water sector reform principles.

A model bill for groundwater regulation was first proposed by the union government for adoption by
the states in 1970. It has been revised several times but the basic framework of the latest version
retains the basic framework of the original bill. The reasons for repeated attempts to foster the
adoption of groundwater legislation are –

1. The political implications of groundwater use have become more significant with every
passing year and with increased in importance of groundwater irrigation and drinking water.
State governments are thud wary of tackling the existing status quo. As a result, individual
state refrained from introducing legislation for as long as they could to avoid generating
confrontation with political vote banks.
2. The Union government has shied away from introducing any legislation through the route
used for the adoption of the Water Act, 1974 for the similar reasons.
3. It was technically possible for a while to simple dig further and further to access groundwater.
Government thus often found it easier to increase power subsides than to regulate groundwater

3
Cullet Philippe, “Water Law, Poverty and Development”, Indian Edition, Oxford University Press, pg. 48-49
 use. The limitations of such strategies have convinced an increasing number of states to
legislate.

The model bill provides for the grandfathering of existing uses by only requiring of such uses. This
implies that in situation where there is already existing water scarcity, an act modelled after these
provisions will not provide an effective basis for ensuring that future use is more sustainable.

GROUNDWATER POLLUTION AND THE WATER ACT

Certain doubts were raised relating to the role of the Water Act over the control of pollution of
groundwater. The Water Act does not refer to groundwater pollution. Unlike the British Law, 4 the
Water Act does not provide specifically for the control of dumping waste on the land, which may
eventually pollute underground water streams. The question can be examined in the light of the
definition of ‘stream’ given in the Water Act. Streams include subterranean waters. The plain
meaning of subterranean waters is nothing but ‘underground’ waters. Thus, the control of pollution
of subterranean streams includes control of pollution of groundwater. However, in the beginning
scant attention was paid by the Pollution Control Boards in taking up measures of control over
groundwater. The amendment of the Water Act in 1978 prohibited discharge of poisonous, noxious
and other polluting matter not only into any stream or well, but also ‘into sewer or on land.5

Despite the potential provisions, it may well be that burdened with too many responsibilities and
weakened by institutional pressures, the Boards are reluctant to act. Hence, it is desirable to look at
the problem of groundwater from a wider perspective. Inevitably, the question reaches larger
dimensions of strategies for effectively managing land and water resources. A definite and specific
legislation with comprehensive mechanism of control and management is necessarily to be enacted
for sustainable use of groundwater.6

EXTENT AND IMPACTS OF GROUNDWATER CONTAMINATION AND POLLUTION

The incidence of fluoride above permissible levels of 1.5ppm occurs in 14 states affecting total of 69
districts, according to some estimates. High level of salinity are reported from all these states expect
West Bengal and also the NCT of Delhi. Non-point pollution caused by fertilizers and pesticides used

4
Control of Pollution Act, 1974, ss 25 and 28
5
Water (Prevention and Control of Pollution) Act, 1974, ss 25 and 26
6
Leelakrishnan, P, “Environmental Law in India”, 2nd Edition, Lexis Nexis, Butterworth, pg. 144-145
in agriculture, often dispersed over large areas, is a great threat to fresh groundwater ecosystem.
Intensive use of chemical fertilizers in farm and indiscriminate disposal of human and animal waste
on land result in leaching of the residual nitrate causing high nitrate concentrations in groundwater.
But the vulnerabilities of groundwater to pesticides and fertilizer pollution is governed by soil texture,
pattern of fertilizer and pesticide use, their degradation products and total organic matter in the soil.
Pollution of groundwater due to industrial effluents and municipal waste in water bodies is another
major concern in many cities and industrial clusters in India.

The potential biological and toxicological effects of using fluoride contaminated water are also
dangerous. Study on fluorotic populations of north Gujarat revealed an increase in frequency of sister
chromatic exchange in fluorotic individuals that fluoride might have genotoxic effect. Arsenic
contamination of drinking water causes a disease called arsenicosis, for which there is no effective
treatment, though consumption of arsenic free water could help affected people at early stages of
ailment to get rid of the symptoms of arsenic toxicity.

PROBLEMS AND PERSPECTIVE THROUGH CASE LAWS

In many parts of India, industry, agriculturists and municipalities are increasing their dependence on
groundwater resources. For the user this is an attractive option since the resource is continuous, the
water is generally clean and the user need not depend on an external agency for the supply. The right
to the groundwater attach to the land and hence land owners may draw on the groundwater and use it
as if it were their own property. According to Chhatarpati Singh, this private ownership regime is
inequitable because it leaves out all the landless and tribals who do not enjoy private ownership.7

Since the exploitation of groundwater has a bearing on the user’s fundamental right to life under
Article 21 of the Constitution, her right to dig bore wells cannot be restricted by an executive fiat.
This right may be restricted and regulated only by an act of legislation. 8 There is no national statute
regulating groundwater resources apart from Gujarat none of the states have legislation in this filed.
The Gujarat amendments to the Bombay Irrigation Act introduced a licensing procedure for sinking
tube wells and prohibited the sinking of tube wells beyond a depth of 45 meters.9

7
Divan Shyam & Rosencranz Armin, “Environmental Law and Policy in India”, 2nd edition, Oxford University Press,
pg. 239
8
Puttappa H. Talavar v. Deputy Commissioner AIR 1998 KAR 10
9
Ibid.
Until the Supreme Court judgment in M.C Mehta v. Union of India,10 the union government was of
the view that central legislation may not be permissible since ‘water was a state subject under
Schedule VII of the Constitution. Each state would need to introduce separate legislation to regulate
and control groundwater resources and to assist the states; a model bill was circulated in 1970. The
Supreme Court, however, expressed a prima facie view that Article 253 of the constitution and the
provisions of the Environment (Protection) Act, 1986 (EPA) empowered the Centre to regulate
groundwater exploitation. The Court’s observation were made on an application filed by M.C. Mehta
urging the Central Government to constitute a national authority under Section 3(3) of the EPA to
regulate the Ground Water Board as an authority under section 3(3) of the EPA to regulate the
indiscriminate exploitation of underground water in the country.

The need for good management of underground water resources was recognized earlier by the Kerala
High Court in a public interest litigation filed by local islanders seeking to protect fresh water
resources on the Lakshadweep Islands. The petitioners apprehended that the government scheme to
pump out underground water on the island would cause saline intrusions in the fresh water table
which could, in turn, imperil the portable water supply on the island. The Kerala High Court
commissioned an expert report which opposed the government scheme. Recognizing the importance
of fresh water to the islanders and holding that the right to fresh water was an aspect of the
fundamental right to life, the High Court prohibited the government from implementing the scheme
until it was reviewed and modified by the Union Ministry of Environment and the Ministry of Science
and Technology.11

Responding to a public interest litigation alleging failure and neglect by the state in providing safe
drinking water to villagers in Mandla district, a division bench of Madhya Pradesh High Court
directed the state to extend free medical treatment and compensation to the affected persons. Water
drawn from hand pumps sunk by the state contained excessive fluoride which caused bone diseases,
deformities and dental fluorosis.12

10
AIR 1997 (11) SCC 312
11
Divan Shyam & Rosencranz Armin, “Environmental Law and Policy in India”, 2nd edition, Oxford University Press,
pg. 239
12
Hamid Khan v. State of Madhya Pradesh [AIR 1997 MP 191]
Binani Zinc Ltd. was directed by the Kerala High Court to supply drinking water to the affected
villagers after test samples drawn from neighbouring wells were found to contain zinc, cadmium and
total dissolved solids which may have been caused by seepages from the factory.13

ISSUES IN TACKLING GROUNDWATER CONTAMINATION AND POLLUTION

The first step towards evolving measures to prevent and cure groundwater quality deterioration is
generating reliable and accurate information through water quality monitoring (WQM) to understand
the actual source, type and level of contamination. However, there are a few observation stations in
the country that cover the entire essential parameters for water quality and hence data obtained are
not decisive on the water quality status. Secondly, WQM involve expensive and sophisticated
equipments that are difficult to operate and maintain and require substantial expertise in collecting,
analyzing and managing data. Since water technology is still not advanced in India, it is very likely
that the available data is less reliable. The existing methodology for WQM is inadequate to identify
the various sources of pollution. Integration of data on water quality with data on water supplies,
which is very important from the point of view of assessing water availability for meeting various
social, economic and environmental objectives, is hardly done. And finally, in the absence of any
stringent norms on water quality testing, results can change across agencies depending on sampling
procedure, time of testing, and testing instruments and procedure.

In Indian context, it is not economically viable to clean aquifers. In the case of arsenic, methods for
in situ treatment have already been in use in developed countries. In the United States, zerovalent,
iron permeable reactive barriers (PRBs) are used in situ to remove chromium and several chlorinated
solvents in groundwater and are tested successful for removing arsenic. India is not in a condition to
afford some of the technologies that are successfully tried out in the West, especially United States
because they are prohibitively expensive. The cost of cleaning the aquifer in the Rajasthan case was
estimated to be Rs. 40 crores.

Groundwater contamination most often occurs due to geo-hydro chemical processes activated by
pumping. Once contamination starts, very little can be done to check it except a total ban on pumping.
But this is very difficult, as millions of rural families in India depend on groundwater for sustaining
irrigated agriculture and livelihoods. Any legal/regulatory interventions to ban pumping would mean
depriving communities of their traditional rights. Though de jure rights in groundwater are not clear,

13
Edayar Environment Protection Council of India v. Government of India, Kerala High Court, Petition no. 4419/96
land owners enjoy de facto right to extract groundwater under their land. While nitrate pollution can
be properly controlled through following recommended dosage of fertilizers, crop rotation, proper
timing of fertilizer application, and use of organic manure instead of chemical fertilizers, there are no
institutional regimes governing fertilizer use and dumping of animal waste.14

GROUNDWATER MANAGEMENT UNDERTAKEN BY VARIOUS STATES

 THE STATE OF GUJARAT15

Issues of groundwater governance and policy instruments in the Gujarat State, India

In the rapidly developing Gujarat State, ever increasing demand of water resources creates conflicting
interests in water management policies. Wide-ranging interests of agriculture, industry and domestic
sector along with natural environment have to be fulfilled from diminishing natural resources. The
increasing stress on freshwater resources brought about by ever-rising demand and profligate use is
of serious concern in word wide and Gujarat State is not an exception to this harsh reality. Hence,
issues of groundwater governance and policy instruments play vital role in present day conditions.

Status of groundwater governances

To deal with natural resources management issues, mainly for preservation and protection of the
environment of the country, various measures at central government level, in India, are taken under
provisions of Environmental (Protection) Act, 1986. The Environment Protection Act itself is a
comprehensive piece of legislation which has become today the source of environmental law in the
country and an enormously powerful legal tool for environment protection.

Groundwater development in Gujarat state has become more vigorous with introduction of deep tube
well for agriculture sector and acceleration of industrial process. Now, the process of development,
earlier confined to few pockets in decades of 1960-70 has spread all over the State. It has affected
ambient natural environ, except few areas all over the State, necessitating both remedial as well as
regulatory measures for sustainable development. At earliest, during 1967, safe distance criteria in
construction of tube well to prevent overdevelopment was introduces in all over the State through
specific ordinance. After that, however, noteworthy measures in form of specified paradigm,

14
M. Dinesh Kumar, Tushaar Shah, “Groundwater Pollution and Contamination in India” <
file:///C:/Users/vee/Downloads/Documents/ground-pollute4_FULL_.pdf >
15
P. R. Gupte, “Issues of Groundwater Governance and Policy Instruments in the Gujarat State,India”
translated into enactment of policy instruments for groundwater management in the Gujarat State, in
general, with respect to agriculture and industry sector has been very limited. During 1976, by
amending existing Bombay Irrigation Act, 1879, under which, as an exclusive part pertaining ground
water, it was proposed to restrict construction of deep tube well in alluvial part of Gujarat State.

Groundwater and Policies intervention

To solve the water scarcity problem, the state government has implemented various policies and
schemes, but it does not have an equal impact over all social groups. To create a bridge and to fill the
gap between surface water and groundwater, the Gujarat government is implementing various
projects and modernizes the old irrigation system. It had been seen from last decade, Gujarat’s leaders
and administrators have learned experiences from other countries for effective policies in
groundwater regulation. For ecological sustainability, Gujarat’s policymakers explored several
options for direct regulation for individual tubewell owners. In the direct governance of groundwater,
the groundwater model bill was an important tool for controlling the unsustainable use of
groundwater. The groundwater depletion problem was clearly visible in the state of Gujarat but state
government had applied this bill on a limited number of districts. Even it is also seen that the act was
never implemented in full spirit due to a powerful farmers' lobby opposing any such regulatory
measures in some critical depleted areas.

Energy and irrigation nexus have started from the period of 1998 when the Gujarat Electricity Board
(GEB) has introduced a new flat tariff system that have also changed the whole scenario of
groundwater extraction and led to overexploitation. During the period of 1980s, farmers have got 18-
20 hrs electricity per day and to control the farm subsidies, the Gujarat government began to reduce
rural power supply causing damage to motors through tripping. Therefore, it has been assessed that
electricity subsidies made a main cause of groundwater depletion and stolen power system in the
state. This led to a rapid increase in groundwater over-extraction and a lowering of groundwater
levels. Further, it has also increased the demand for electricity connections for new tubewells.

In term of certain policies for increasing supply and curtailing demand of water, the government
included direct and indirect forms of regulation to check groundwater exploitation. It would also be
seen that direct tools of governing that groundwater resource are not more effectively implemented
due to farmer’s pressure groups and vote bank politics but indirect tools to eradicate the nexus
between irrigation-energy-groundwater are most successful from past decade.
Current Issues of groundwater governance in Gujarat16

In 2000, central groundwater Board has notified Gandhinagar Taluka area for regulating groundwater
development where groundwater aquifers’ below 200 m depth and declared as ‘protected aquifers’
exclusively for drinking and domestic water use. The CGWA has taken few regulatory measures to
restrict additional development of groundwater resource through irrigation well in 57 overexploited
and saline blocks. But, some leaders are not accepting the suggestions of central groundwater boards
while saying water and groundwater is a water issue and centre agency has no right to intervene to in
their work.

Thus, state laws have never been properly implemented; moreover, the issue is politically sensitive
and the ruling government is not prepared to alienate the farming community, which forms the core
of their vote bank, particularly the wealthier segments which are the main users of the groundwater.
Therefore, groundwater-related politics that have implemented in Gujarat have done very little deal
with scarcity, depletion or quality of groundwater but more to do with rural politics that was
manifested in the presence of former lobbies. The Gujarat State has made substantial achievement in
inter-basin transfer of water resources through network of both Narmada Canal and Piped Water in
all over the State covering water deficient areas of North Gujarat, Saurashtra and Kachchh region.
With strong political will and sound management policies involving suitable governance instruments,
available water resources of the State can be equally distributed to all over the State area and with
Managed Aquifers Recharge (MAR) activities sustainable ground water development can be
achieved fulfilling all socio-economic as well as environmental issues.

 THE STATE OF MAHARASHTRA

Groundwater Surveys and Development Agency, Pune17

Groundwater Surveys and Development Agency (GSDA) is a Government of Maharashtra

organization, reputed at national level for exemplary work in the field of groundwater in Deccan Trap
(Basalt). It is one of the nation’s leading institutions concerned with groundwater surveys,
exploration, assessment, monitoring, development, management and regulation of groundwater
resources for irrigation, drinking and industrial needs. It is also concerned with training, research and

16
Rajni Bala, “Policies Intervention for Groundwater Governance in Gujarat and Politics”, <www.isca.in> accessed on
21th September,2015
17
https://gsda.maharashtra.gov.in/WorkArea.html
consultancy for the planning, development and management of groundwater. GSDA has authentic,
voluminous and valuable historical data on groundwater resources in Deccan Trap, Metamorphic,
Sedimentary and Alluvial formations for past 35 years.
Mandate
Traditionally, GSDA is entrusted with the mandate of developing and disseminating
technologies monitor and implement national and state policies for the scientific and sustainable
development and management of groundwater resources. Importantly, GSDA conducts village wise
systematic hydrogeological investigation under various institutionally financed and housing schemes.
It also collects, evaluates, interprets, processes and disseminates data on water level and water quality
to the end users. It also undertakes periodic ground water assessment in order to regulate the ground
water use and guide ground water developmental activities on scientific basis. GSDA also works
towards ensuring sustainability of ground water resources, on a long-term basis. It acts as a custodian,
for the implementation of ground water legislation, within the State of Maharashtra.
Role of GSDA

Almost 80% of the drinking water sources are groundwater dependent and majority of these sources
are within the recharge and storage areas. The groundwater resource being space, time and depth
specific, the sustainability of groundwater dependent drinking water sources is of utmost importance
for the State. Accordingly, Government has decided to give priority to the source sustainability.
Hence the role of GSDA is very important in the drinking water of the State.

Since the last 36 years, G.S.D.A. is engaged in the development and management of groundwater
resources in the State through various schemes. The main aim is to provide safe and potable drinking
water to the community. The work pertaining to drinking work, carried out by GSDA includes
following –

1. Site location for drilling of borewells/ tubewells under Rural Water Supply scheme.

2. Identification of source for Pipe Water Supply schemes and open dugwells under Rural
Water Supply Programme.
3. Periodic monitoring of groundwater levels and ground water quality within the State so
as to assess the watershed wise groundwater potential and quality affected areas.
4. In order to safeguard the drinking water sources, the Government of Maharashtra has
introduced the Maharashtra Groundwater (Regulation for Drinking Water Purposes) Act,
 1993 followed by Maharashtra Groundwater (Regulation for Drinking Water Purposes)
Rule 1995. Various responsibilities like delineation of watersheds, preparation of
technical report, and technical survey in notified areas etc. have been entrusted with
GSDA as a technical officer under different sections of the Act.
Hydrology Project Objectives

The project development objectives are to extend and promote the sustained and effective use of the
HIS by all potential users concerned with water resources planning and management, both public and
private, thereby contributing to improved productivity and cost effectiveness of water related
investment in 13states and 8 central agencies.

Maharashtra is one of the few states to bring in a law to regulate the exploitation of groundwater. As
per the 1993 act, the groundwater developmental activities in “over-exploited and critical watersheds”
are prohibited. It is district collector’s responsibility to notify an area as an Over-Exploited and
Critical watershed. However, act does not provide for the community participation framework, and
the effective management of groundwater. A 'State Groundwater Authority' and several district-level
authorities would be set up for this purpose. These new bodies, in consultation with Watershed Water
Resources Committees, will manage and regulate groundwater usage in over-exploited areas, taking
local communities along. The bill envisages registration of well owners, rainwater harvesting for
groundwater recharge, registration of drilling rigs, declaration of water scarcity area, prohibition of
construction of well in certain areas, etc. 18

CONCLUSION

Groundwater management issues are likely to greatly increase in importance over the coming
decades. Management will need to focus not just on the range of development and access issues that
have dominated debates over the preceding decades but also on competition, overdevelopment,
efficiency and pollution concerns. Sustainable management of groundwater resources to meet the

18
http://www.business-standard.com/article/economy-policy/maharashtra-mulls-setting-up-of-groundwater-authority-
111090500032_1.html
needs of current and future generations depends on effective action on several fronts. First, basic data
on groundwater systems and emerging problems must be strengthened and made more accessible
generally. Second, analyses of groundwater problems and management alternatives need to move
away from narrowly defined supply- or sector-based approaches to integrated evaluation of the array
of needs and options for meeting them. The fragmented approach generally adopted in water
management is a major obstacle to the development of effective responses to emerging problems.
Third, institutions through which management can be effectively implemented must be devised.
Institutional issues dominate technical ones in the development and implementation of management
responses to points of concern. Which institutional form or forms will ultimately prove effective in
relation to the range of social goals remains unclear. Identifying and defining a rights structure for
groundwater use, even if it remains theoretical or impossible to implement over the short term, could
be the most important point at which to begin.19

19
Marcus Moench, “Groundwater Policy : Issues and Alternatives in India”, International Irrigation Management Institute