Chapter II STATE GROUNDWATER AUTHORITY, ITS POWERS, FUNCTIONS AND DUTIES

1. (1) The Maharashtra Water Resources Regulatory Authority established under section 3 of the Water Resources Act, shall be the State Groundwater Authority for the purposes of this Act, who shall exercise the powers conferred on and discharge such functions and duties as assigned to it, under this Act, in the manner as may be prescribed.
2. (2) In addition to the five special invitees mentioned in clause (d) of sub-section (1) of section 4 of Water Resources Act, the State Authority shall invite the Director, Groundwater Survey and Development Agency and one expert from the field of groundwater and one woman representing the users of groundwater as may be specified by the Government and on such terms and conditions as may be prescribed for assisting the State Authority in taking policy decisions.

1. (1) The State Authority, after receiving recommendations from the Groundwater Surveys and Development Agency and views of various institutions working in the groundwater field including the Central Groundwater Authority, based on scientific groundwater quality studies and estimation and after ascertaining the views of the users of groundwater of the area, is of the opinion that it is necessary or expedient in the public interest to regulate the extraction or the use of groundwater or both in any form in a watershed or aquifer area, shall declare such area to be a notified area, by notification in the Official Gazette, for the purposes of this Act, with effect from such date as may be specified therein.
2. (2) On notifying an area under sub-section (1), the State Authority shall establish the Watershed Water Resources Committee under section 29 of this Act, with the objective of promoting and regulating the development and management of groundwater in the notified area.

If in the opinion of the State Authority, the availability and quality of groundwater has improved in the notified area, it shall, after consultation with the Groundwater Surveys and Development Agency and after obtaining the views of expert bodies, including the Central Groundwater Authority, de-notify such area by notification in the Official Gazette.

1. (1) No user of groundwater shall do anything or release any effluent that contaminates the groundwater either temporarily or permanently.
2. (2) The State Authority shall take such measures as may be necessary for the protection and preservation of water quality of drinking water source within the notified and non-notified areas in the State, in consultation with the Groundwater Surveys and Development Agency and District Authority.
3. (3) The State Authority shall take such necessary measures as may be prescribed for the protection and preservation of groundwater quality of all the existing drinking water sources in the State, including the measures for protecting the drinking water sources and recharge worthy areas.
4. (4) The funds required for implementing such measures shall be made available to the State Authority by the State Government.
5. (5) The State Authority shall refrain the polluters of the groundwater, including the rural or urban local bodies, from polluting the groundwater sources and take such measures, as may be prescribed, to restore the quality of water to the prescribed standards, at the cost of the polluter.

The State Authority shall ensure the registration of all the owners of wells both in notified and non-notified areas of the State, in the manner as may be prescribed.

1. (1) The State Authority shall prohibit the drilling of deep-wells within the notified and non-notified areas, for agriculture or, industrial usage: Provided that, the State Authority may, after recording the reasons in writing and in the prescribed manner grant specific permission to any person or user of groundwater to drill any deep well within the notified or non-notified area, for drinking water purposes.
2. (2) The State Authority shall regulate, including total ban on, the construction of wells, including deep-wells, for any purpose within the notified areas.
3. (3) On the advice of the State Authority, the State Government shall give such guidelines to the concerned Authority to levy such cess as may be prescribed, on the use of existing deep-wells in the non-notified areas: Provided that, the proceeds of cess levied shall be forwarded by the concerned Authority to the Panchayat or the urban local body, as the case may be, and the same shall be used for implementing groundwater conservation programme.
4. (4) The State Authority shall direct the District Authority to exercise a total prohibition on pumping of groundwater from the existing deep-wells of a depth of sixty metres or more, in the notified area. The users of deep-wells in the notified area shall follow the Groundwater Use Plan and Crop Plan prepared under section 10. The State Government shall levy appropriate cess from such users till such time these plans are notified. The District Authority shall ensure the implementation in the manner as may be prescribed.
5. (5) No person or user of groundwater shall indulge in sale of the groundwater, within the notified area, without the prior permission of the District Authority obtained in the manner as may be prescribed.

1. (1) The State Authority shall identify the recharge worthy areas in the State, in consultation with the Groundwater Surveys and Development Agency and the Central Groundwater Board and issue necessary guidelines for rain water harvesting to recharge groundwater.
2. (2) The State Authority shall direct the District Watershed Management Committee, in consultation with the Watershed Water Resources Committee, Panchayat and the Groundwater Surveys and Development Agency, to prepare an Integrated Watershed Development and Management Plan for artificial recharge of groundwater on priority for the notified areas and subsequently for the non-notified areas. This plan shall be a part of the sub-basin and basin-wise water plan of the State.
3. (3) The State Government and the State Authority shall ensure the implementation of the Integrated Watershed Development and Management Plan in consultation with the Watershed Water Resources Committee and Panchayats. The State Government shall implement the Integrated Watershed Development and Management Plan for the artificial recharge of groundwater within the notified areas on priority. The District Watershed Management Committee, constituted under this Act, shall monitor the implementation of the plan in the manner as may be prescribed.
4. (4) The funds required for implementing such measures shall be made available to the State Authority by the State Government.
5. (5) The State Authority shall also ensure the engagement of the stakeholders in watershed development and management to facilitate groundwater recharge through community participation.
6. (6) The State Authority shall issue guidelines to dis-incentivise the groundwater users for taking water intensive crops, in the manner as may be prescribed.
7. (7) In urban areas falling in notified areas, the State Authority shall issue directives to the concerned authorities or urban local bodies for ensuring construction of appropriate rain water harvesting structures in favourable or technically suitable residential, commercial, industrial and other premises having an area of one hundred square metres or more within the stipulated period failing which the urban local bodies may get such rain water harvesting structure constructed and recover the cost incurred alongwith a penalty from the occupants, in the prescribed manner.
8. (8) Notwithstanding anything contained in the relevant laws, the urban local bodies or any other local authority, as the case may be, may impose necessary conditions for providing rooftop rain water harvesting structures in the building plan in the area of one hundred square metres or more, before according approval for construction and permanent water and electricity connections shall be extended only after compliance of the directions given in this regard, in the manner as may be prescribed.
9. (9) The State Authority itself or through other agencies shall take steps for promotion of Mass Awareness and Training Programme for Watershed Water Resources Committee and stakeholders on rain water harvesting and artificial recharge to groundwater through Government Agencies, Non-Government Organisations, Volunteer Organisations, educational institutions, Industries or individuals.
10. (10) The State Authority may encourage or incentivize the best practices, innovative activities implemented by the Watershed Water Resources Committee, village, local community or Non-Government Organisations, by giving some incentives through State Government in the manner as may be prescribed.

1. (1) On the advice of the State Authority, the State Government shall give directives to the concerned Government authorities to prepare a prospective Crop Plan based on the Groundwater Use Plan in the notified area, in consultation with the District Authority, the Watershed Water Resources Committee and Panchayat, in the manner as may be prescribed. This plan shall be binding on all the stakeholders and non-observance of the plan shall be deemed to be a cognizable offence under this Act.
2. (2) The State Government, on the advice of the State Authority, shall direct the concerned Government authorities to create necessary infrastructure and linkages for water efficient crops.
3. (3) The State Authority, based on the recommendations of the Watershed Water Resources Committee and the Groundwater Surveys and Development Agency and the watershed or aquifer wise Groundwater Use Plan and Crop Plan, may declare a total prohibition on the water intensive crops in the notified areas: Provided that, any groundwater user in such area may approach the Watershed Water Resources Committee for permitting cultivation of such water intensive crops in the manner as may be prescribed. The Watershed Water Resources Committee upon receiving a request for permitting cultivation of such water intensive crops by any groundwater user in such area, may consider the request for cultivation of such crops on the condition that the applicant would minimize the usage of groundwater in the cultivation of such crops and also take such water conservation measures at his own cost to maintain the water budget of the village.

The State Authority in consultation with the Groundwater Surveys and Development Agency, shall issue necessary guidelines to the concerned Government authorities regarding implementation of watershed and aquifer based Groundwater Use Plan in non-notified areas. The State Authority shall give preference to the areas having possibility of becoming critical or polluted and also give directives to encourage the farmers in the non-notified areas for adopting suitable cropping pattern as per the availability of water resources and watershed wise Groundwater Use Plan.

The State Authority shall monitor compulsory registration of drilling rig owners and operators in the State, with the Groundwater Surveys and Development Agency on such terms and conditions and in the manner as may be prescribed.

The State Authority shall issue guidelines to the concerned Government authorities to take appropriate precautionary measures for the safety of wells. The Panchayat and the urban local bodies in the area shall monitor it.

The State Authority may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it under the Act shall, in such circumstances and under such conditions, if any, as may be specified in the order issued in this behalf by the State Authority, be exercised or discharged by any employee of the State Authority, the District Authority, the Watershed Water Resources Committee or the Groundwater Surveys and Development Agency.

1. (1) The State Water Board constituted under section 15 of the Water Resources Act shall be the Empowered Committee for the purposes of this Act.
2. (2) The Empowered Committee shall integrate the Integrated Watershed Development and Management Plan for the entire State and shall submit it to the State Watershed Management Council for its approval. This plan shall be a part of the Integrated Watershed Development and Management Plan.

1. (1) The State Government shall, by notification in the Official Gazette, assign the responsibility of the State Watershed Management Council to the State Water Council constituted under section 16 of the Water Resources Act.
2. (2) The State Water Council and State Watershed Management Council shall approve the Integrated Watershed Development and Management Plan for the entire State and shall ensure its integration with the State Water Plan.