UGW Act 8Chapter 0 · Preliminary

Section 8 · Registration of existing users of ground water in the notified area

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(1)

Every existing user of ground water in a notified area under Section 6(2) in the State shall, within a period of 120 days from the date of notification of areas by the Government, apply to the authority for grant of a certificate of registration recognizing its existing use in such form and in such manner as may be prescribed:Provided that the authority may entertain any such application after the expiry of the said period of 120 days, if it is satisfied that the user was prevented by sufficient cause from filing application in time.

(2)

The details to be furnished in an application under sub-section (1) shall include the following, namely -

(i)

the description of the source of ground water, such a type of well, its exact location;

(ii)

the device used for lifting water;

(iii)

the quantity of ground water withdrawal and hours of operation per day;

(iv)

the total period of use in each year;

(v)

the purpose or purposes for which ground water is being extracted.

(vi)

in case the requirement of ground water is for purpose of drinking water, the approximate population to be served;

(vii)

in case of irrigation well, the location and extent of area irrigated, and

(viii)

in the case of State, Municipal or Community run water supply schemes, the details of the services involved in addition to the quantities of ground water extracted, the diversion or the pumping points and their locations.

(3)

On receipt of an application under sub-section (1), if the authority is satisfied that it shall not be against the public interest to do so, it shall grant, subject to such conditions and restrictions as may be specified therein, a certificate of registration in such form as may be prescribed authorizing continued use of ground water:Provided that no person of ground water shall be refused a certificate of registration without being given an opportunity of being heard.

(4)

The decision regarding grant or refusal of the certificate of registration shall be intimated by the Authority to the applicant within a period of ninety days from the date of decision.

(5)

In granting or refusing a certificate of registration under sub-section (3), the Authority shall have regard to, -

(a)

the purpose or purposes for which water is to be used;

(b)

the existence of other competitive users;

(c)

the availability of water;

(d)

quality of ground water with reference to its usage;

(e)

spacing of ground water extraction structures keeping in view the purpose for which water is to be used;

(f)

long term ground water level behaviour; and

(g)

any other factor relevant thereto.

(6)

The certificate of registration shall be in such form as may be prescribed.

(7)

Pending the communication by the Authority of the decision on an application under sub-section (1), every existing user of ground water in the notified area shall be entitled to the continued use of the ground water in the same manner and to the same quantity as he was entitled prior to the date of his application.

(8)

If a registered well becomes defunct, this fact should be immediately brought to the notice of the Authority by the user of ground water.

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