THE KARNATAKA GOVERNMENT HAS NOTIFIED THAT UNDER THE KARNATAKA GROUND WATER(REGULATION AND CONTROL OF DEVELOPMENT AND MANAGEMENT ACT)2011, ANY PERSON/S DESIROUS OF DRILLING A BOREWELL OR AN OPEN WELL MUST OBTAIN/SEEK/GET/ THE PERMISSION FROM THE APPROPRIATE JURISDICTIONAL AUTHORITY. BWSSB HAS THE POWERS TO GRANT THE PERMISSION TO DRILL/DIG A WELL OR A BOREWELL WITHIN THE BBMP JURISDICTION.
EXISTING USERS MUST ALSO REGISTER WITH BWSSB.
THE ORDER READS THUS:
11. Grant of permit to extract and use groundwater in the notified area.- (1) Subject to the provisions of any law relating to protection of public sources of drinking water, any user of ground water desiring to drill or dig a well in the notified area for any purpose either on personal or community basis shall apply to the authority for grant of permit for this purpose and shall not proceed with any activity connected with such drilling or digging unless a permit has been granted by the authority.
(2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and in such manner accompanied by such fee for different purposes like industrial, commercial entertainment, agricultural and domestic etc., and for different areas, as may be prescribed.
(3) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against public interest to do so, it may grant subject to such conditions and restrictions as may be specified therein, a permit authorizing drilling or digging of a well for the extraction and use of groundwater. The conditions shall include mandatory provision of artificial recharge structures of appropriate size to be constructed by the applicant within a period as specified by the authority:
Provided that no person shall be refused of a permit unless he has been given an opportunity of being heard.
(4) The decision regarding grant or refusal of their permit shall be intimated by the Authority to the applicant within a period of sixty days from the date of receipt of the application.
(5) In granting or refusing a permit, the Authority shall have regard to the following, namely:-
(a) The purpose for which the groundwater is to be used-domestic, agriculture, industry, commercial, establishments entertainment,-indicate sale/own use or both;
(b) No permit shall be given for water intensive crops like paddy, sugarcane in notified areas;
(c) The existence of other competitive users;
(d) The availability of groundwater and the need to conserve it;
(e) Quantity of groundwater to be drawn;
(f) Quality of groundwater with reference to use;
(g) Spacing of groundwater structures keeping in consideration, the purpose for which the groundwater is to be used.
(h) Long term groundwater level behaviour;
(i) Its likelihood of adversely affecting water availability of any drinking water sources in its vicinity;
(j) Priority may be given for those who adopt sprinkler and drip irrigation system;
(k) Any other factors relevant thereto.
(6) The permit shall be subject to such terms and conditions and in such form as may be prescribed.
12. Registration of existing users in the notified areas.- (1) Every existing user of groundwater in the notified area shall within a period of one hundred twenty days from the date of declaration as notified area by the Government shall apply to the authority for grant of a certificate of a 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 one hundred and twenty 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:-
(a) The description of the source of groundwater, such as type of well, its exact location;
(b) The lifting device used;
(c) The quantity of ground water withdrawal and hours of operation per day;
(d) The total period of use in each year;
(e) The purpose or purposes for which groundwater is being extracted;
(f) In case the requirement of ground water is for purpose of drinking water, the approximate population to be served;
(g) In case of irrigation well, the location and extent of area irrigated; and the crops grown;
(h) In the case of State and Central Government, Local authorities 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), the Authority may, after such enquiry as it may deem fit and after satisfying itself, grant a registration certificate in such form, for such period and subject to such condition as may be prescribed.
(4) The decision regarding the grant or refusal of the certificate of registration shall be intimated by the authority to the applicant within a period of thirty days from the date of receipt of the application.
(5) In granting or refusing a certificate of registration under sub-section (3) the Authority shall have due regard to the following:-
(a) The purpose for which the groundwater is to be used;
(b) In case of applicants growing water intensive crops like paddy and sugarcane, an undertaking shall be obtained from them for change of heavy duty crops to light duty crops and such change to be incorporated in the certificate of registration.
(c) The existence of other competitive users;
(d) The availability of groundwater and the need to conserve it; quantity of groundwater to be drawn;
(e) Quality of groundwater with reference to use;
(f) Spacing of groundwater structures keeping in consideration, the purpose for which ground water is to be used;
(g) Long term groundwater level behaviour;
(h) Any other factors 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 the application under sub-section (1), every existing user of ground water in the notified area shall be entitled to the continued use of 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 groundwater and shall seal the defunct bore well in order to avoid untoward incidents.