Chapter IV STATE WATER PLANNING

1. (1) From the date of commencement of this Act, no person shall use any water from any water source without obtaining the Entitlement from the respective River Basin Agencies : Provided that, no Entitlement shall be required in case of,-
   • (a) any bore well, tube well or other well which are being used for domestic purposes; and
   • (b) tanks, small reservoirs or catchments of rainwater harvesting with an annual yield capacity as may be decided by the Authority : 1[Provided further that, the Entitlement under this section shall be required only after the distribution of Entitlement has been determined and the criteria for issuance of Entitlement has been laid under section 11.] Explanation.- For the purposes of this section, the expression "person" shall include individual, group of individuals, all local authorities, association, societies, companies, etc.
2. (2) Use of the water for the purposes of agriculture, through any existing bore well, tube well or other well in the command area of a project on the date of commencement of this Act, shall be allowed to continue till such date as may be notified by the Authority.
3. (3) There shall not be any restriction on digging of any bore well, tube well and other well in the command area of a project, till such date as may be notified by the Authority.
4. (4) Water shall not be made available from the canal for perennial crops in such area and from such date as may be notified by the Authority, unless the cultivator adopts drip irrigation or sprinkler irrigation or such other water saving technology approved by the Authority. The quantity of water so saved, after satisfying the future increased demand of drinking water, shall be distributed equitably in the command area and the adjoining area.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Board to be known as the State Water Board for the purposes of this Act.
2. (2) The Board shall consist, of the following Members, namely:- (a)the Chief Secretary of the State.ex-officio President;(b)the Principal Secretary, Planning Department.ex-officio Member;(c)the Principal Secretary, Finance Department.ex-officio Member;(d)the Secretary, Water Conservation Department.ex-officio Member;(e)the Secretary, Water Supply Department.ex-officio Member;(f)the Secretary, Urban Development Department.ex-officio Member;(g)the Secretary, Energy and Environment Department.ex-officio Member;(h)the Secretary, Water Resources Department (Command Area Development Authority).ex-officio Member;(i)the Secretary, Agriculture Department.ex-officio Member;(j)Divisional Commissioners of all Revenue Divisions in State.ex-officio Member;(k)the Secretary, Water Resources Department.ex-officio Member Secretary.
3. (3) The Board shall prepare a draft Integrated State Water Plan on the basis of basin and subbasin wise water plans prepared and submitted by the River Basin Agencies.
4. (4) The Board shall submit its first draft integrated State Water Plan to the Council for its approval within six months from the date on which this Act is made applicable in the State.
5. (5) The Board shall, while preparing the draft Integrated State Water Plan mentioned in subsection (3), consider the directives of the State Water Policy.
6. (6) The Board shall meet at such time and place as the President of the Board may decide and shall follow such procedure as may be prescribed.

1. (1) The State Government shall, by notification in the Official Gazette, constitute a Council to be known as the State Water Council for the purposes of this Act.
2. (2) The Council shall consist of the following Members, namely :-(a)the Chief Minister.ex-officio President;(b)the Deputy Chief Minister.ex-officio Vice President;(c)the Minister, Water Resources,ex-officio Vice President;(d)the Minister, Water Resources (Krishna Valley and Konkan Irrigation Development Corporation).ex-officio Member;(e)the Minister, Agriculture.ex-officio Member;(f)the Minister, Water Conservation.ex-officio Member;(g)the Minister, Water Supply.ex-officio Member;(h)the Minister, Finance and Planning.ex-officio Member;(i)the Minister, Urban Development.ex-officio Member;(j)the Minister, Industries.ex-officio Member;(k)the Minister, Environment.ex-officio Member;(l)the Minister, (Representative for Marathwada region).ex-officio Member;(m)the Minister, (Representative for Vidarbha region).ex-officio Member;(n)the Minister, (Representative for Rest of Maharashtra).ex-officio Member;(o)the State Minister, Water Resources Department.ex-officio Member;(p)the State Minister, Water Resources (Krishna Valley and Konkan Irrigation Development Corporation).ex-officio Member;(q)the Secretary, Water Resources Department.ex-officio Member;(r)the Secretary (Command Area Development Authority) Water Resources Department.ex-officio Member Secretary.
3. (3) The Members of the Council at serial numbers (l), (m) and (n) of sub-section (2) shall be nominated by the Chief Minister from among the Cabinet Ministers.
4. (4) The Council shall approve, with such modifications as deemed necessary, the draft of the Integrated State Water Plan submitted by the Board within a period of six months from the date of submission of draft Integrated State Water Plan keeping in view the directives given by the Governor for removal of regional imbalance. The water plan so approved by the Committee shall become "Integrated State Water Plan".
5. (5) The Integrated State Water Plan may be reviewed after every five years from the date of its approval by the Council.
6. (6) The Council shall meet at such time and place as the President of the Council may decide and shall follow such procedure as may be prescribed.

1[16A. Sectoral allocation by State Government.- (1) Notwithstanding anything contained in section 11 or any other provisions of this Act or in any other law of the time being in force, the State Government shall determine the sectoral allocation : Provided that, sectoral allocation so determined shall ordinarily be reviewed at such intervals of not less than three years : Provided further that, after publication of the Maharashtra Water Resources Regulatory Authority (Amendment and Continuance) Act, 2011 (Mah. XXI of 2011), in the Official Gazette, the State Cabinet shall determine the sectoral allocation.

1. (2) After the sectoral allocation, as provided in sub-section (1) is determined, the Authority shall determine the criteria for the distribution of Entitlements under clause (a) of section 11.]