Groundwater as Public Property
The Ministry of Water Resources has formulated the draft National Water Policy (2012) guided by certain basic principles so that there is unified national perspective in planning, development and management of water resources including ground water resources. The draft National Water Policy Inter alia says that water not only as a scarce resource but also as a sustainer of life and ecology. Therefore, water needs to be managed as a community resource held by the State, under public trust doctrine to achieve food security, livelihood and equitable and sustainable development for all. Existing Acts, such as Indian Easements Act, 1882, Irrigation Acts, etc. may have to be modified accordingly in as much as it appears to give proprietary rights to a land owner on groundwater under his/her land.