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.

1. (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.
2. (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.
3. (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.
4. (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.
5. (6) The certificate of registration shall be in such form as may be prescribed.
6. (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.
7. (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 1[or tube well as in such manner as may be prescribed.]

1. substituted by Act 10 of 2025 w.e.f. 10.01.2025