“SOUTH ASIAN MEDIA BRIEFING WORKSHOP ON FOOD SAFETY AND PESTICIDE CONTAMINATION” Regulating the Use of Water in Soft Drink Industry Dr. D. K. Chadha President Global Hydrogeological Solutions
GROUND WATER -OWNERSHIP Indian Easement Act 1882, “right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in defined channel. All ground water existing and found beneath private property is fully under the control of the owner the land, who is free to extract and use it as he or she deems fit. This has led to a ‘defacto’ right at the field level, where affluent farmers with higher pumping capacity and deeper tube wells have disproportionate claims over the resources than others. However, this right is subject to the overriding power of regulating water sources as contemplated under Section 2 of the Act, which reads: ‘Nothing herein contained shall be deemed to affect any law not hereby expressly repealed’ or to derogate from – “(a). Any right of the government to regulate the collection, retention and distribution of water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation”. This puts a question mark on the ownership rights as groundwater aquifer are a common pool property.
CONSTITUTIONAL PROVISIONS ON WATER Entry 17 - List II: In the constitution, “Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power. ” Entry 56 -List II: “Regulation and development of inter-state rivers valleys to the extent to which such regulation and development under the control of the union is declared by the parliament by law to be expedient in the public interest. ” The issue of enactment of Central legislation on regulation and control of groundwater was considered in the year 1989 in constitution with the Ministry of law. They had opined that: The groundwater can not be covered under item 54 or item 56 on the Union list of the Indian Constitution. It may rather be emphasized that the underground water is covered under the state list item no. 17 within the water and water supplies etc.
“Article 252 of the Constitution in respect of subject falling under State list, empowers the Parliament to legislate for two or more states by consent and adoption of such legislation by any other state. In view of the above provisions of Article 252 of the Constitution, if the requirements of said Article are fulfilled , then it will be possible for Parliament to make law to regulate and control the development of groundwater which falls under State list” National commission for integrated water resources development plan observed “It seems the word “Water” may have been taken to include ground water although there is no specific reference to the latter, the constitutional makers seem to have been thinking mainly of river waters”. No mention of Groundwater in the constitution Is groundwater a State Subject?
NATIONAL WATER POLICY Exploitation of ground water resources should be so regulated as not to exceed the recharging possibilities, as also to ensure social equity. The detrimental environmental consequences of over-exploitation of ground water need to be effectively prevented by the Central and State Governments. Ground water recharge projects should be developed and implemented for improving both the quality and availability of ground water resource. Over exploitation of ground water should be avoided especially near the coast to prevent ingress of seawater into sweet water aquifers. No mention / reference to the groundwater for its commercial exploitation.
REGULATION OF GROUNDWATER Govt. of India circulated a model bill during 1970, 1992 and 1996 Few state govts. responded- constituted regulatory bodies under legislation act Overexploitation of groundwater continued and number of dark blocks increased. Year 1984 -85 1992 -93 1997 -98 Overexploited 253 383 445 & Dark blocks
H’oble Supreme Court Judgement, 10 th Dec. , 1996 “The Central Government in the Ministry of Environment and Forest shall constitute the Central Ground Water Board as an Authority under Section 3 (3) of the Act. The Authority so constituted shall exercise all the powers under the Act necessary for the purpose of regulation and control of groundwater management and development. The Central Government shall confer on the Authority the power to give directions under Section 5 of the Act and also powers to take such measures or pass any orders in respect of all the matters referred to in Sub-section (3) of the Act. ” as directed by Hon’ble Supreme Court, the Ministry of Environment and Forest issued the Gazette Notification on 14 th Jan. 1997 constituting the Authority for a period of one year with the objective to regulate indiscriminate boring and withdrawl of groundwater in the country and to issue necessary regulatory directions with a view to preserve and protect the groundwater.
The authority will have the following powers to function under the Environmental Act, 1986. Exercise of powers under section 5 of the Environment (Protection) Act, 1986 for issuing directions and taking such measures in respect of all the mattes referred to in sub-section (2) of section 3 of the said Act. To resort to the penal provision contained in sections 15 to 21 of the said Act.
EXISTING STATUS : PERMISSION TO INSTALL THE PLANT Ministry of Food Processing (under FPO 1955) No objection from local government Water quality analysis from Public Health Laboratory. No objection certificate from State Pollution Board Operation Starts but none of the above have the power to issue license to allow to sell the groundwater or to transport it from the premises. No reference for this is made to CGWA.
Water Quality Assessment Authority Constituted by Mo. EF w. e. f from 29 th May 2001. Empowered to exercise powers under Section 5 of the Environment (Protection) Act, 1986 for issuing directions and for taking measures w. r. t. matters referred to in clauses ix, xii of section 3 (2) of the Act. The WQAA is still in the formation stage and is in the process of setting up various expert groups and task forces.
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