The Maharashtra Groundwater (Development and Management) Act, 2009
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
29. Establishment, constitution and incorporation of the Watershed Water Resources Committee.
- (1) The State Authority shall constitute a Watershed Water Resources Committee for the notified area comprising of area of more than eleven villages in the manner as may be prescribed to perform the functions and duties assigned to it under this Act.
- (2) The Watershed Water Resources Committee shall consist of the following members, namely:-
- (3) Atleast one third of the members of the Watershed Water Resources Committee shall be women.
- (4) The term of office of members of the Watershed Water Resources Committee shall be such as may be prescribed.
- (5) Every member shall be paid (not being a member representing the State Government) traveling and daily allowances for attending meetings of the Watershed Water Resources Committee at such rates as may be prescribed.
- (6) The Watershed Water Resources Committee shall meet once in each quarter of the year and as and when required at the time of emergency. The procedure to be followed at the meetings of the Watershed Water Resources Committee and all matters supplementary or ancillary thereto shall be such as may be prescribed. Tahsildar shall be a convener of the metting of the Watershed Water Resources Committee: Provided that, if there are less than eleven villages within the notified area, then the State Authority shall entrust the functions of such Watershed Water Resources Committee to the concerned Panchayat or urban local body.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
30. Groundwater management for existing users of groundwater.
- (1) The Watershed Water Resources Committee shall, with the technical support of the Groundwater Surveys and Development Agency, prepare a watershed or aquifer based groundwater use plan and the District Authority shall notify it, in the manner as may be prescribed.
- (2) Based on the rainfall and groundwater level of the hydrological year, the Watershed Water Resources Committee shall update the watershed or aquifer based groundwater use plan every year and shall monitor the withdrawal of the groundwater accordingly and also safeguard the sustainability of Public Drinking Water Sources. The Watershed Water Resources Committee shall recommend to the District Authority, the steps to be taken for regulation of groundwater. It shall recommend measures to the State Government, Panchayat, Panchayat Samiti, or urban local body to augment the groundwater resources in the area.
- (3) The Watershed Water Resources Committee shall also pursue, with the State Government, the implementation of the Integrated Watershed Development and Management Plan.
- (4) The Watershed Water Resources Committee shall also ascertain the existing users of groundwater and owners of wells, the implementation of individual measures for artificial recharge of groundwater, in the manner as may be prescribed.
- (5) The Watershed Water Resources Committee shall specify the cropping pattern for the area based on the water budget and a plan for the required withdrawal of groundwater, from the existing wells, for different usages like domestic, agriculture, industry or any other use, based on the Groundwater Use Plan, in the manner as may be prescribed.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
31. Prohibit or limit use of chemical fertilizers or pesticides, etc.
- (1) The Watershed Water Resources Committee shall recommend to the District Authority to control the use of chemical fertilizers or pesticides, to regulate the disposal, burial or injection of waste, industrial effluent and to protect the quality of groundwater.
- (2) On such recommendation the District Authority, after ascertaining the facts, shall take necessary measures with the help of the concerned Government Authorities, Panchayat, Panchayat Samiti or urban local body.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
32. Construction of new well in the notified area.
- (1) No person shall sink a well in the notified area without the prior permission of the Watershed Water Resources Committee. Such person shall apply to the Watershed Water Resources Committee in the manner and in such form, as may be prescribed.
- (2) On receipt of an application under sub-section (1), the Watershed Water Resources Committee shall refer it to the Groundwater Surveys and Development Agency for recommendations and based on the recommendation of the Groundwater Surveys and Development Agency, decide to grant or refuse the permission: Provided that, no permission shall be refused unless an opportunity of being heard is given to the applicant.
- (3) The decision regarding the grant or refusal of the permission shall be intimated by the Watershed Water Resources Committee to the applicant within a period of forty five days from the receipt of the application.
- (4) The permission for sinking of well shall be subject to condition of construction of artificial recharge structure of appropriate size by the applicant within the specified period, as may be prescribed.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
33. Promotion of community participation.
The Watershed Water Resources Committee shall be responsible for the community participation, as per the guidelines of the District Authority, with the objective of equitable and sustainable development, protection, conservation, regulation and management of groundwater resources in the notified area, in the manner as may be prescribed. The Watershed Water Resources Committee shall be responsible for the concept of community ownership of the groundwater, the concept of protection of the rights of the small and marginal farmers, restrictions being laid down for surveys of groundwater and withdrawal of groundwater and prevention of over-drawal of groundwater.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
34. Implementation of decisions and plans of Watershed Water Resources Committee.
The decisions of the Watershed Water Resources Committee which are regulatory in nature shall be executed by the District Authority. The Watershed Water Resources Committee may get its plans implemented in co-ordination with the Panchayat, Panchayat Samiti or urban local bodies or the authorities, in the manner as may be prescribed. For the purpose of implementation of plans of the Watershed Water Resources Committee or enforcement of its decisions, the Panchayat, Panchayat Samiti or urban local bodies or the authorities shall have the powers of the District Authority under clauses (a) to (h) of sub-section (1) of section 28.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
35. Regulation or prohibition of sand mining.
Notwithstanding anything contained in any other law, the Watershed Water Resources Committee shall, in consultation with the expert bodies and the Groundwater Surveys and Development Agency, recommend the District Authority to regulate or prohibit sand mining in the notified area, in the manner as may be prescribed.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
36. Financial resources for Watershed Water Resources Committee.
- (1) The funds required for implementing such measures shall be made available to the Watershed Water Resources Committee by the State Government.
- (2) The Watershed Water Resources Committee may charge application fee and collect service charges from users of groundwater at the rates specified by the State Authority, and shall utilise it in the manner as may be prescribed.
Chapter V WATERSHED WATER RESOURCES COMMITTEE, ITS POWERS, FUNCTIONS AND DUTIES
37. Transparancy in working of Watershed Water Resources Committee.
The Watershed Water Resources Committee shall publish its report in the manner as may be prescribed and submit the report to Gram Sabha and to such other bodies, as may be prescribed.
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