Ground Water Management in Kerala:

Statutory Entanglements
Valsamma Paul*

Ground water can be defined as water occurring beneath the surface

of the land, filling the pore spaces of rocky material in which it is found'.
It has been reputed to occur in underground rivers, lakes and veins. It has
been credited with moving in ways, unknown and unknowable 2 . Industries,
agriculturists and municipalities are increasing their dependence on
groundwater. For the user, this is an attractive option, since the source is
continuous unlike the monsoon-fed rivers and streams, the water is
generally clean and the user need not depend on an external agency for its
supply. The rights to the groundwater are attached to the land, in which it
occurs. Hence, landowners draw groundwater and use it, as if it were
their own private property. This private ownership regime is inequitable,
because it leaves out all the landless, who do not enjoy private ownership'.
Ground water management is the management of ground water in such a
way that there will be minimization of its pollution and depletion and
maximization of its quality and quantity. The discussion of ground water
management in Kerala, therefore, calls for the analysis of those factors,
which affect the quality and quantity of ground water and the effectiveness
of the legal provisions in maintaining the same in our state.

M.A. (Kerala), L.L.M. (Cochin), M.B.A. (Madurai Kamaraj), Ph.D. (Cochin);

Lecturer, School of Legal Studies, CUSAT, Cochin-22.
Rodgers Jr., Handbook on Environmental Law, (1977), pp.369-70.See also
Herman Bouwer, Ground Water Hydrology, (1978), pp.1-2; Kerala
Groundwater (Control and Regulation) Act 2002, S. 2(e)
Frank J. Trelease, Water Law (1974), p.457.
3. Shyam Divan and Armin Rosencranz, Environmental Law and Policy in
India (2005), p.239.
124 Cochin University Law Review [20061

Factors which affect Quality of Groundwater

1. Industrial Pollution

Industrial effluents, which are discharged to land, flow to the low-

lying areas, thereby polluting groundwater. Binani Zinc Ltd, engaged in
the production of zinc, cadmium and sulphuric acid and M/s Sangrose
Laboratories Pvt. Ltd., a pharmaceutical company, producing clofazamine
tablets, rocked the Kerala state in 1996 4 and 1997 5 , respectively by
discharging highly toxic wastes into land, leading to the pollution of
groundwater of the neighbouring areas. In January 2006, Cochin Minerals
and Rutiles Ltd. was charged with discharging highly hazardous trade
effluents into the land and the Periyar river, which made the latter turn red
all of a sudden6. Incidents like the above occur in spite of the fact that the
Water (Prevention and Control of Pollution ) Act 1974 prohibits the use
of any stream' or well or sewer or land for the disposal of polluting water',

Edayar Environmental Protection Council v. Binani Zinc Ltd., O.P. No.

4419 of 1996A.
Kochupennu and others v. State of Kerala, O.P. No.9707 of 1997E. Cf. Vellore
Citizens' Welfare Forum v. Union of India, (1996) 5 S.C.C. 647.
See The New Indian Express , January 3, 2006 (Kochi edn.), p.3.
As per S. 2 (j) of the Water (Prevention and Control of Pollution) Act 1974,
`stream' includes —
river;
water course (whether flowing or for the time being dry);
inland water (whether natural or artificial);
subterranean waters;
v) sea or tidal waters to such extent or, as the case may be, to such point
as the State Government may by notification in the Official Gazette,
specify in this behalf.
8. The Water (Prevention and Control of Pollution) Act 1974, S. 24.Cf. The
Kerala Panchayat Raj (Regulation and Prohibition of Use of Public or Private
Springs, Tanks, Wells and Other Water Courses) Rules 1996, R. 3, 4.

C.U.L.R.
C.0 Valsamma Paul 125

thereby aiming at the maintenance or restoration of the wholesomeness of

water'.

2. Solid Waste Management

With the unprecedented rate of increase in human population in urban

areas, municipal solid waste management has become a Herculean task
and hence a headache for the municipalities. The latter have no option
but to transport these into the periphery and dump them in open landfills
carelessly and callously, resulting in groundwater pollution. As per the
Kerala Municipality Act 1994, it is the duty of the municipal authority to
take adequate steps for the collection and disposal of rubbish, solid waste
and filth'°. If the composting of the said waste is not practicable, it is to
be disposed of by the municipality by adopting sanitary landfill methods".
Similarly, the corresponding provisions in the Kerala Panchayat Raj Act
1994 12 and the Rules made thereunder 13 deal with the disposal of solid
waste in Panchayat areas. Further, the Municipal Solid Wastes
(Management and Handling) Rules 2000 applies to municipalities, making
them responsible for collection, segregation, storage, transportation,
processing and disposal of municipal solid wastes". The said Rules
requires every municipal authority, which makes use of land filling' s facility

Id., Preamble.
The Kerala Municipaltiy Act 1994, Ss. 326 — 340, 343, 345.
Id., S. 331 (4).
See Ss. 219A — 219 S.
The Kerala Panchayat Raj (Public Latrines, Urinals, Bathing Ghats
Construction and Maintenance, Cleaning of Private Premises) Rules 1998.
R. 2, 3 (XIV).
15. R. 3 (XI) defines land filling to mean disposal of residual solid waste on land
in a facility designed with protective measures against pollution of ground
water, surface water, air, fugitive dust, wind - blown litter, bad odour, fire
hazard, bird menace, pests or rodents, greenhouse gas emissions, slope
instability and erosion. As per Schedule II, land filling is to be restricted to
non-biodegradable inert waste and other wastes that are not suitable for
either recycling or biological processing.
126 Cochin University Law Review [2006]

for disposing of garbage, to apply to the State Pollution Board for getting
authorization for setting such facility'''. The municipal authority should take
care to see that landfills are away from habitation clusters, forest areas,
water bodies, wetlands etc.'''. It is incumbent upon the said authority to
assess periodically the groundwater quality within 50 meters of the
periphery of the land fill sites so as to ensure that ground water is not
contaminated beyond acceptable limits'8.

The Kerala Municipality Building Rules 1999 also focuses on

preventing the pollution of groundwater by providing that no leech pit,
sock pit, refuse pit, earth closet or septic tank shall be allowed or made
within a distance of 7.5 meters radius from any existing well, used for the
supply of water for human consumption or domestic purpose or within
1.20 meters distance from the plot boundaries'9.

Innovations in the field of medical science are no doubt a boon to

mankind. But the generation of bio-medical wastes poses severe
environmental problems including that of groundwater pollution. Hence
the Government of India has framed the Bio- medical Waste (Management
and Handling) Rules 1988, by virtue of its rule-making power under the
Environment (Protection) Act 1986 20 . It calls upon the occupier of any
institution, generating bio-medical waste, to take steps to ensure that
such waste is handled without causing any adverse impact on human health
and environment21 . It specifically provides that the pit for the disposal of
bio-medical waste should be away from human habitation and should not
lead to the contamination of surface or ground water22.

R. 4 (2).
The Municipal Solid Wastes (Management and Handling) Rules 2000,
Schedule III, Item 8.
Id., Schedule III, Item 23.
The Kerala Municipality Building Rules 1999, R. 104 (4).
The Environment (Protection) Act 1986, S. 6.
The Bio-medical Waste (Management and Handling) Rules 1998, R. 4.
22. Id., R. 5 and Schedule V.
C.U.L.R. Valsamma Paul 127

The Hazardous Wastes (Management and Handling) Rules 1989,

provides that every occupier, generating hazardous wastes, shall obtain
authorization from the State Pollution Control Board" and hazardous
wastes shall be responsible for the proper collection, reception, treatment,
storage and disposal of hazardous wastes without any adverse effects on
the environment'. The occupier/ transporter/operator of a facility shall
be liable to pay for the damage caused to the environment by the improper
handling and disposal of hazardous wastes," thereby concretizing the
"polluter pays principle".

3. Unscientific Burial Practices

Unscientific burial practices may result in the percolation of

decomposed organic waste to the groundwater. In Kerala, as far as the
municipal areas are concerned, the Kerala Municipality Act 1994 contains
elaborate provisions detailing the procedural formalities to be complied
with for disposing of the dead". The Kerala Panchayat Raj (Burial and
Burning Grounds) Rules 1998 requires panchayat to arrange places for
burial, utilizing the panchayat fund". Generally, the burial site should not
be within 50 meters of any residential area. But if concrete catacombs
and electric crematoriums are used, the distance may be reduced to 25
meters". If the burial in a licensed/registered burial ground is found to
affect the health of the nearby residents, the Panchayat can prohibit further
cremation or buria129.

The Hazardous Wastes (Management and Handling) Rules 1989, R. 5.

Id., R. 4.
Id., R. 16.
The Kerala Municipality Act 1994, Ss. 483 — 492.
The Kerala Panchayat Raj (Burial and Burning Grounds) Rules, 1998, R. 3
(1).
Id., R. 5 (1).
29. Id., R. 10.
128 Cochin University Law Review [2006]

Sewerage Disposal

As per the Kerala Water Supply and Sewerage Act 1986, the Kerala
Water Authority, an autonomous agency, is responsible for not only the
distribution of drinking water but also the collection and disposal of waste
water in the state'''. In addition to this, municipalities and panchayats are
supposed to play a vital role in sewerage disposal''. But proper sewerage
facility is available only to a fragment of the urban population. The rest of
the population has to dispose of the sewerage in unlined soak pits, thereby
contaminating the groundwater".

Salinity Intrusion and Coastal Aquifers

Kerala has a long coastline of 560 kms. In this coastal stretch,

dependence on ground water is almost complete, because of the absence
of perennial fresh water bodies". As a result of this complete dependence
of the coastal people on groundwater, leading to excessive abstraction of
groundwater, the coastal aquifers which are in constant contact with the
Arabian Sea become contaminated due to the intrusion of seawater into
the groundwater table. According to the National Water Policy 2002,
over- exploitation of ground water should be avoided especially near the

The Kerala Water Supply and Sewerage Act 1986, Preamble and Chapter
VII.
The Kerala Municipality Act 1994, Ss. 315, 317-325. See also the Kerala
Panchayat Raj (Public Latrines, Urinals, Bathing Ghats Constructilon and
Maintenance, Cleaning of Private Premises) Rules, 1998.
For details, see C. Reghu, Kozhikode City; Water Supply and Sanitation,
in Public Hearing on Environment and Development, 30 Report pp. 18-19
(1999).
M. Nazimuddin, & P. Basak, Groundwater Resources of Kerala — A Case
Study in Coastal Shallow Aquifier Zone, in E.J. James, et.al. (Eds.) Water
Scenario of Kerala (1998), pp. 18, 22.
C.U.L.R. Valsamma Paul 129

coast to prevent ingress of seawater into sweet water aquifers". It has to

be noted that the Kerala Groundwater (Control and Regulation) Act, 2002
does not provide for the protection of coastal aquifers, unlike the Coastal
Regulation Zone Notification 199135.

Unsound Agricultural Practices

Despite the fact that the Land Development Act 1964 provides for
improvement in the methods of cultivation, preservation and improvement
of soil, people resort to unscientific and indiscriminate use of chemical
fertilizers and pesticides in agriculture which leads to severe ground water
contamination. The high levels of potassium and nitrate in ground water,
found in several parts of the state and the contaminated ground water in
Kuttanad evidence this 36. The Agriculture Department of the state should
have undertaken proper extension work among the cultivators about the
harmful effects of chemical fertilizers and pesticides'''.

Natural Causes

In certain places the quality of ground water is affected by natural

causes. For example, in Alleppey and Palakkad ground water is
contaminated by the presence of excess fluoride. Drinking of such water

National Water Policy 2002, Para 7 (4). See also Attakoya Thangal v. Union
of India, 1991 (1) K.L.T. 580. where the Lakshadweep Islands administration
evolved a scheme to augment the water supply by digging wells and
extracting ground water by using pumps. Cf. F.K. Hussain v. U0.1., A.I.R.
1990 Ker. 321.
Para 2 (8).
E.J. James, Dr., "Water Related Environmental Problems of Kerala" in Dr.
E.J. James, et.al.(Eds.), Water Scenario of Kerala 30, 49 (1998).
Radhakrishnan Kuttoor, "Kuttanad Reels Under Water Scarcity", The Hindu,
July 7, 2002 at p. 5.
38. K.N. Remani, Dr. & P.S. Harikumar, Dr., "Water Quality Status of Kerala", in
Dr. E.J. James, et.al.(Eds.), Water Scenario of Kerala (1998), pp. 74-75.
130 Cochin University Law Review [2006]

is likely to cause dental flurosis. Still this water is pumped by the Kerala
Water Authority for the supply of drinking water'''.

Factors which affect Quantity of Groundwater

1 Wetland Conservation

Wetlands are those transitional lands between terrestrial and aquatic

systems, where the water table is usually at or near the surface or the land
is covered by shallow water'''. They are known as nature's kidneys. They
provide barriers for controlling floods, cleanse polluted waters, protect
shorelines, provide unique habitat for flora and fauna and recharge ground
water aquifers'. In Kerala wetlands cover an area of 6.5 lakhs hectares"
and comprise backwaters, estuaries, natural lakes, manmade lakes and
canals." Conservation of these lands has not received the due attention
that they require. Depletion and degradation of these lands are on the

See Hameed Khan v. State of Madhya Pradesh, A.I.R. 1971 M. P. 191,

where hand pumps, supplied by the State Government for supplying drinking
water was found to have excess fluoride content. Thousands of persons,
who consumed the contaminated water, were found to have various
deformities like skeletal fluorosis and dental flurocis.
P.V. Balachandran, "Wetland Agricultural Problems and Prospects," in M.
Jayakumar (Ed.), Wetland Conservation and Management in Kerala (2002),
P. 5
E.J. James, "Hydrology of Wetlands" in M. Jayakumar (Ed.), Wetland
Conservation and Management in Kerala (2002), pp. 7, 8; People United
for Better Living in Calcutta v. State of West Bengal, A.I.R. 1993 Ca1.215,
where the Court issued an injunction restraining the state from reclaiming
any further wetlands and directed the state to maintain the nature and
character of the wetlands in their present form and stop all encroachments
on the wetlands.
P.V. Balachandran, supra n. 40.
43. K.N. Subramanian, "Wetland Resources with Particular Reference to the
Mangroves of Kerala", in M. Jayakumar (Ed.), Wetland Conservation and
Management in Kerala (2002), pp. 121, 199.
C.U.L.R. Valsamma Paul 131

increase, because of reasons like wetland reclamation for urban

construction and undesirable agricultural practices, construction of levees
and dykes for hydrological manipulation, discharge of industrial effluents,
dumping of municipal waste, drainage of fertilizer and pesticides residues,
coconut husk wetting etc". For instance, the Vembanad wetlands, the
largest of its kind on the west coast of India has been reduced to 37% of
its original area, due to reclamation and other human interventions'''. The
Vellayani fresh water lake, bordering Thiruvananthapuram and spread over
750 hectares in 1926, has undergone depletion at an alarming rate and
now covers only 450 hectares". The fresh water wetlands at Periyar,
Pookot and Sasthamkotta are also facing many a problem. Most of the
paddy fields in the state have been reclaimed for settlements, cultivation
of plantation crops and industrial purposes 47 . This sort of depletion of
wetlands paves the way for the lowering of the water table and drying up
of wells. This is because the wetlands, especially the paddy fields, hold
and retain water. This helps the seeping of water into the troughs and
crevices in the rock substratum, thereby recharging the ground water
aquifers".

The Kerala Land Utilization Order 1967 issued under the Essential
Commodities Act 1955, sought to prevent the conversion of agricultural

M.N. Muraleedharan Nair & R. Ajayakumar Varma, "A Review of the

Pollution Problems in the Wetlands of Kerala and Management Options,"
in M. Jayakumar (Ed.), Wetland Conservation and Management in Kerala
(2002), pp. 87-94.
K.G. Padmakumar et. al., "Thaneermukkom Barrage and Fishery Decline in
Vembanad Wetlands, Kerala," in M. Jayakumar (Ed.), Wetland Conservation
and Management in Kerala" (2002), pp. 27-36.
T. Nandakumar, "Land Reclamation Threatens Vellayani Lake", The,tHindu,
May 27, 2002 at 3.
Krishnakumar, "Land Use and Livelihoods", The Frontline, Sept. 19, 1997
at 39, 40.
48. P.V. Balachandran, supra n. 40, p.14. See also Srikumar Chathopadhya,
"Community Inventorisation", in Anil Agarwal et. al., (Eds.), Making Water
Everybody's Business 141, 143 (2001).
132 Cochin University Law Review [2006]

land for non-agricultural purposes except with the written permission of

the District Collector or Revenue Divisional Officers. But, alarmed by the
large scale conversion of paddy fields for other purposes, the Government
issued a direction to all District Collectors not to sanction any application
for the conversion of paddy fields except with the prior approval of the
Government. Thereafter, all individual applications for conversions were
dealt with at the Government level. However, considering the inordinate
delay in processing the applications and the hardships caused to those,
who wanted to convert small pieces of land for house construction
purposes, the Government issued a new order, by which the District
Collectors/Revenue Divisional Officers were restored the power to dispose
of the applications'. Conversion of land for construction of houses for
individuals upto 5 cents are to be generally allowed 50. However, large
scale conversion of land by artificial partitioning into small plots of less
than 5 cents is to be disallowee . In all cases of conversion, the officers
have to ensure that the drainage of neighboring plots is not blocked".
The revenue machinery at the taluk and village levels should be activated
to ensure that in future, conversions or attempted conversions without
sanction are promptly detected and proceeded against". But this
mechanism, evolved under the shade of the Land Utilization Order 1967,
has been found to be totally ineffective.

G.0.(Rt.) No. 157/2002/AD.

Id., para 3 (4)
Ibid.
Supra n. 49, para 3 (3)
Id., para 3 (5).
Despite the Land Utilization Order, conversion of paddy fields into either
garden lands or living units continues unchecked in many areas. See. P.
Ananthakrishnan Pillai, "Concrete Structures Mushrooming in Palakkad's
Paddy Fields", The Indian Express, October 23, 1991. See also P.
Leelakrishnan, Environmental Law in India, Butterworths India, (1999),
pp. 65-66.
C.U.L.R. Valsamma Paul 133

The Kerala Building (Regularization of Unauthorized Construction

and Land Development) Rules, 1999 also stands in the way of wetland
conservation, because it seeks to regularise unauthorised development of
land which includes filling up of water bodies, conversion of wetlands
etc., effected before 1999. However, it is heartening to note that the
Sasthamkotta freshwater wetlands, Ashtamudy wetlands, Vembanad and
Kol wetlands have been identified among the 19 wetlands for intensive
conservation and management under the National Wetlands Conservation
Programme".
2. Sand Mining
Because of excessive sand mining and the consequent lowering of
the river beds, water levels in the neighboring wells, lakes, ponds and
paddy fields are going down, thereby indicating the depletion of the quantity
of groundwater56 . All the rivers in Kerala were vested with the local
bodies, which auctioned the right to mine sand to the highest bidder. But,
due to lack of environmental consciousness and enamoured by the royalty
amount, these local bodies permitted the sand mafia to resort to
indiscriminate sand mining". Because of the lowering of the river beds
and the threat of salinity intrusion into the available water, the State
Government found it imperative to regulate the indiscriminate sand mining
and therefore enacted the Kerala Protection of River Banks and Regulation
of Removal of Sand Act 2001. The Act provides for the constitution of
District Expert Committee s ' and Kadavu Committee" in each district.

K.S. Sudhi, "Ambitious Plan for Conservation of Wetlands", The Hindu,

March 25, 2002 at p. 5.
K.P. Thrivikramaji, "Utilisation of the River Basin: State of the Art
Recommendations", in Mundanthra Balakrishnan (Ed.), Environmental
Problems and Prospects in India 321, 329 (1999). See also Bheemagiri
Bhaskar v. Revenue Divisional Officer Bhangir, A.I.R. 2001 A.P. 492.
Chandrasekharan Pillai v. State of Kerala, 1998 (2) K.L.J. 195.
Kerala Protection of River Banks and Regulation of Removal of Sand Act
2001, S. 3.
59. Id., S. 4.
134 Cochin University Law Review [2006]

The Kadavu Committee has to supervise and monitor all sand mining
activities and make necessary recommendations to the District Expert
Committee60 . The latter, chaired by the District Collector, has the power
to fix the total quantity of sand that can be removed, after considering the
guidelines of expert agencies like the Centre for Earth Science Studies
and Centre for Water Resources Development and Management61 . It can
also recommend to the Government the need to ban sand removal from
any river during any season of the year'. A noteworthy feature of the Act
is the provision, stipulating the presence of two environmentalists in the
Committees63 .
3. Depletion of Greenery

Our state is famous for the thick greenery, consisting of forests,

sacred groves, tree-clustered landscape, paddy fields etc., making the
land rich in groundwater resources by facilitating retention of moisture in
the soil and collection of water in the aquifers 64 . But, because of the spread
of industrialization and socio-cultural transformation, taking place in our
state, it is slowly getting rid of its greenery and becoming virtually bald.
Even though there is a plethora of laws to protect forests 65. , Kerala is
losing its forest cover at a fast pace 66 . Sacred groves or kavus and the
associated ponds were once a common feature in every village of Kerala.
The luxuriant vegetation in the kavus with multiple layers of canopy above
and the sponge like bed of leaves, littered below, helped retain water,

Id., S. 11.
Id., S.9(1).
Ibid.
Id., Ss. 4 (j) & 3 (1).
P. Leelakrishnan, supra n. 54. p. 72.
The Kerala Preservation of Trees Act 1986, the Kerala Forest Act 1981, the
Forest (Conservation) Act 1980 and the Land Development Act 1964 .
66. Ramakrishnan Korakandy, "State of the Environment in Kerala", E.P.W.,
May 27, 2000 p. 181.
C.U.L.R. Valsamma Paul 135

thereby enabling higher rate of percolation into the soil and recharge of
groundwater resources" . . In the past, they were given due recognition
and protection, they being the properties of the joint family. But they have
lost their importance, with the emergence of nuclear families and hence
they are disappearing. According to a recent survey, only 761 such groves
remain, compared to the nearly 30,000 groves in the beginning of the
nineteenth century" . . Appropriate laws are required to protect these sacred
groves.

4. Over-exploitation

With the emergence of globalization and privatization, over-

exploitation of ground water by the elite and the multi-national corporations
like the Coca Cola Company in Plachimada is posing a serious threat to
the quantity of groundwater, available for the common man. Fearing that
over-exploitation of groundwater will pave the way for the regular lowering
of the level of groundwater, the Kerala Government enacted the Kerala
Ground water (Control and Regulation) Act 2002, for the regulation of its
consumption and exploitation 69. . The Act provides for the constitution of
State Ground Water Authority, comprising members like an expert in
Water Resources, a member belonging to a scheduled caste or scheduled
tribe, a woman, a public man, an environmentalist, a member of Grama
Panchayat, a member of Municipal Council, Secretaries of Departments
of Water Resources, Finance and Local Self Government as well as the
Director of Ground Water Department". Based upon the recommendation

Mathew Arackal, Fr., & K.N. Remani, Dr., Water Resources: Harvesting,
Conservation & Protection in Public Hearing on Environment and
Development, 39th Report (1999), pp. 28, 29.
Roshini Kutty, "Kerala's Sacred Groves: A Ray of Hope", The Hindu Survey
of the Environment, 2001, p. 177.
The Kerala Ground Water (Control and Regulation) Act 2002, Statement of
Objects and Reasons.
Id., S. 3.
136 Cochin University Law Review [2006]

of the Authority, representing different interests, the Government may notify

areas for the control and regulation of ground water consumption"'. Any
person, desirous of digging a well or converting the existing well into a
pumping well or registering an existing well in the notified area, should get
a permit from the Authority"' . The latter will grant a permit, provided it is
not against public interest"'. But, the permit, except in the case of
registration of existing wells, shall be deemed to have been granted to the
applicant, if the Authority sleeps over it for more than ninety days. 74 That
means that the applicant will be getting a permit, even if it is against public
interest, if the application has not been considered within ninety days of
its receipt. The Act takes care to protect public drinking water resources
by requiring persons to obtain permit for digging well within thirty meters
from such resources.". But in this case also, if the decision of the Authority
is not communicated to the applicant within ninety days from the date of
the application for permission, it shall be deemed to have been granted to
the applicant76 . Further, the seriousness of the object of the Act gets
diluted by the provision for penalty, which ranges from five hundred to
one thousand rupees", which is an empty nothing as far as multi-nationals
like Coca Cola are concerned.

Conclusions and Suggestions

From the above analysis, it is clear that the legal strategy for ground
water management in Kerala is not confined to the Kerala Ground Water
(Control and Regulation) Act 2002. This Act is only a tip of the iceberg.
As the ground water management can not be separated from land and

Id., S. 6.
Id., Ss. 7 (1), 8 (1).
Id., Ss. 7 (4), 8 (3).
Id., S. 7 (6).
Id., S. 10.
Id., S. 10 (3), Proviso.
77. Id., S. 21.
C.U.L.R. Valsamma Paul 137

surface water management and put in a water tight compartment, we find

its legal roots spreading out and lying scattered in the different statutes,
discussed above. This necessitates the enacting of a comprehensive
legislation, incorporating the provisions, relating to ground water
management, lying scattered in the various and varied statutes. It is
suggested that the proposed comprehensive legislation should provide for
the following:-

An integrated approach should be adopted, connecting and inter-

linking land management, surface water management and ground
water management.

Legal checks should be introduced to regulate the growth of

multinational water companies which can purchase large tracts of
land and extract the groundwater therein, thereby desertifying the
nearby lands.

Precautionary and polluter pays principles should be emphasized

and incorporated.

Provisions should be made for wetlands conservation and

afforestation programmes.

Provisions for recycling and reusing sewage, industrial and municipal

wastes shall be added.

Provision for encouraging private sector participation in planning,

development and management of water resource projects should
be incorporated, because private sector participation may help in
introducing innovative ideas, generating financial resources and
improving service efficiency and accountability to users.

7) Necessary legal and institutional changes should be made at various

levels by including provision for participatory approach to water
resources management by involving not only the various
138 Cochin University Law Review [2006]

governmental agencies but also the users, especially women in

various aspects of planning, designing, development and management
of water resources schemes.

Provision should also be made for reviving and implementing

traditional water conservation techniques through community
participation.

Penalties are to be made sufficiently deterrent and economic

incentives like exemption from tax and subsidy should be provided
for adopting environmentally sound methods for water protection.