section 10
Registration of existing users of groundwater in notified areas
Nagaland Groundwater (Regulation and Control of Development and Management) Act, 2020Chapter 11 CONSTITUTION OF THE AUTHORITY
(1) Every existing user of groundwater in a notified area shall, within a period, of 2 (two) months from the date of establishment of the Authority shall, make an application on such form containing such particulars and fees, as may be prescribed, to the Authority for the grant of certificate of registration recognizing its existing use. Provided that the Authority may entertain any such application after the expiry of the said period of (60) sixty days, if it is satisfied that the user was prevented by sufficient cause from filing application in time. (2) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against the public interest to do so, it shall grant, subject to such conditions and restrictions as may be specified therein, a certificate of registration in such form as may be prescribed authorizing continued use of groundwater: Provided that while considering the application, the Authority shall give first priority for drinking water needs in preference to other needs. Provided further that no user of groundwater shall be refused a certificate of registration without being given an opportunity of being heard. (3) The decision regarding grant or refusal of the certificate of registration shall be intimated by the Authority to the applicant within a period of (30) thirty days from the date of decision. (4) In granting or refusing a certificate of registration under sub-section (2), the Authority shall have regard to (a) The purpose or purposes for which water is to be used. (b) The existence of other competitive users. (c) The availability of water. (d) Quality of groundwater with reference to its usage. (e) Spacing of groundwater abstraction structures keeping in view the purpose for which water is to be used. (f) Long term groundwater level behavior. (g) Any other factor relevant thereto. (5) Every existing user of groundwater in a notified area during pendency of decision of the Authority under sub-section (2) shall be entitled to the continued use of the groundwater in the same manner and to the same quantity as he was entitled prior to the date of application. (6) If a registered well becomes defunct, this shall be immediately brought to the notice of the Authority by the user of groundwater and such well may be used for groundwater recharging if in the opinion of the Authority it is found fit.
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