An analysis of West Bengal Ground Water Resources (Management, Control and Regulation) Act 2005

Introduction

West Bengal has a very good groundwater potential. The reason of such affluence is due to her geographical location, high rainfall, and geological setting. But in recent times groundwater development in some districts in this state has been increased to such an extent that in some areas conditions of near overexploitation has developed. The condition, though not severe yet, has inspired hydro-geologists to think for conservation and sustainable development of groundwater. It has become necessary to assess the state of art and to find ways to augment the resource. Groundwater is not an isolated resource. It is a phenomenon within the hydrological cycle. So depending on the hydro-geological condition, water level condition, and stage of development proper measure for control of groundwater exploitation should be undertaken.

The minor irrigation Census conducted in 1985 gave a picture of the rising trend of groundwater exploitation in the state. Till then there was no restriction for the private owners to exploit groundwater. Second MI Census was conducted in 1992. On the basis of the findings of this census and the water level data and hydrogeological data collected by the field offices of SWID the blocks of West Bengal were categorized as dark, gray and white on the basis of groundwater exploitation in relation to the groundwater recharge potential.

In 1993 it was seriously felt that some restriction should be imposed to control indiscriminate exploitation of groundwater.

1993 Restriction

In 1993 restriction was imposed on Low duty tube wells fitted with submersible pumps in Burdwan, Murshidabad, Nadia, Purba and Paschim Medinipur, Birbhum, Hoogly and North 24 Parganas districts of West Bengal through an executive order. Under this order any person desires to have electric connection to his LDTW fitted with submersible pumps, should obtain a concurrence from the authorized Senior Geologist or the Executive Engineer of SWID before applying for electric connection. This restriction, imposed through an administrative order, later found to be inadequate due to many reasons.

Minor Irrigation Census 2002

In 2002 the third Minor Irrigation Census was conducted. This census revealed that groundwater exploitation in West Bengal has increased by many folds.. The main observation of the census was the sharp increase in number of privately owned low duty tube wells.

Considering the Census data and the long-term trend of groundwater level of the state the block wise status was reviewed on the basis of the GEC 97 norms. The blocks were categorized as safe, semi critical, critical and over exploited on the basis of stage of development and long-term trend of groundwater level. 

Groundwater Bill 2005

In 1996 the Hon’ble Supreme Court expressed deep concern over rapid deterioration of ground water level in an alarming manner. The Ministry of Water Resources and the National Environment Engineering Research Institute had recommended for holistic approach for water management. To cope with the situation the Administrative Department has already taken some measures to restrict and control the installation of tube wells with submersible pumping devices. The measures taken by the department have been found to be inadequate and attracting legal complications for which the very objective of the measures has been jeopardized.

A model Bill had been drafted by the Central Government and circulated amongst the states with a request to enact suitable legislation by the states themselves to regulate and preserve the groundwater level in the respective state.

In this context the West Bengal Ground Water Resources (Management Control and Regulation) Bill was introduced in the West Bengal Legislative Assembly on the 22nd March 2005.

Groundwater Act 2005

The bill was discussed by the Standing Committee on Irrigation and Waterways and Water Investigation & Development (2004-2005) of the West Bengal Legislative Assembly in several meetings and was finally adopted by the committee on 12th July 2005. The bill was presented to the Assembly on the 19th July 2005. The bill was passed by the West Bengal Legislative Assembly..

With the ascent of the Hon’ble Governor of West Bengal the West Bengal Groundwater Resources (Management Control and Regulation) Act 2005 came in to effect on 31st August 2005 and was published in the Kolkata Gazette (extraordinary) on the 31st August 2005. The salient features of the Act are:

With the ascent of the Hon’ble Governor of West Bengal the West Bengal Groundwater Resources (Management Control and Regulation) Act 2005 came in to effect on 31st August 2005 and was published in the Kolkata Gazette (extraordinary) on the 31st August 2005. The salient features of the Act are:

1. The State Water Investigation Directorate, Government of West Bengal is the functional organ for implementing the Act.
2. There will be three authorities, i.e. the District Level Authority, The Corporation Level Authority, and the State Level Authority.
3. Any user in West Bengal desirous to sink a well fitted with mechanical or electrical pump shall have to obtain permit from the DLA or the CLA as the case may be. They will have to tender requisite fee along with the application. The DLA and CLA before issuing the permit will consider the water balance, quality and quantity available.
4. Any user who has sunk a well or using groundwater by mechanical or electrical pump before the Act has come into force should have to obtain certificate of registration from the DLA or the CLA as the case may be. No fee is required for registration. The DLA and CLA before issuing the certificate of registration will consider the water balance, quality and quantity available.
5. The state Level Authority (SLA) as the Act came into force framed some guidelines for successful implementation of the Act. One of the recommendations is the distance criteria, i.e., the minimum permissible distance between two wells. The recommendation is as below.

Table: Showing Distance Criteria between existing and proposed wells..

1. Another important matter under the Act was that the district or Corporation Level Authority should prepare district or corporation level groundwater profile in every five years. They would keep regular vigil on the quality and quantity of the water available from the groundwater resources and bring to the notice of the SLA if any deterioration in quality or quantity is observed. They will also help to prepare a plan for conservation, maintenance and utilization of groundwater. The rule states that the district profile shall contain details of groundwater resources available as assessed by the SWID in accordance to the existing methodologies approved by the present Groundwater Estimation Committee and the Research and Development Advisory Committee of the Government of India or any such committee or authority as constituted by the Government of India.

Public Awareness

It has been observed that in all districts the response to the Act is very poor. The reason is lack of public awareness. The Government has conducted a few public awareness programmes in the district level. But such effort is very insignificant compared to the task to be done.

Since the Act has been implemented all DLA, CLA and the SLA have been formed and started functioning. But it needs expansion and development of infrastructure of SWID. It appears from the report of 3rd MI Census that there are about one million irrigation wells fitted with mechanical or electrical pumps in different districts of West Bengal. Registration of such huge number of wells is a major task.

Conclusion

Now groundwater in West Bengal has now become a precious commodity. New industries are coming up in west Bengal, who will also be more dependants on groundwater. So the Act is a very timely intervention of the Government in proper management and conservation of the precious natural resource. It has become a great task of the implementing agency to carry on with it. The success of the Act lies in the hands of the public. So a massive scale awareness campaign for the Act is utmost necessary.