In India, water management falls under the jurisdiction of the States since water is considered a State subject. This includes implementing effective rainwater harvesting and groundwater recharge projects to ensure the sustainable management of groundwater resources and groundwater conservation across the country. However, despite this being primarily within the purview of the States, the Central Government has also notified and issued certain frameworks and guidelines through the Central Ground Water Authority (CGWA) to provide overarching direction and support in this crucial endeavour. Let’s understand more about this government body.

What is CGWA?

The Central Ground Water Authority (CGWA) was established under section 3(3) of the Environment (Protection) Act, 1986, with the specific mandate of regulating and controlling groundwater usage by industries, mining projects, infrastructure projects, and other sectors throughout the country. The Ministry notified guidelines in this regard on 24th September 2020, which were subsequently amended on 29th March 2023, ensuring their applicability across India. Both the CGWA and respective State authorities issue No Objection Certificates (NOCs) for groundwater extraction to various industries and project proponents within their jurisdictions, adhering to the existing guidelines. Additionally, these guidelines encompass provisions for groundwater management within the agriculture sector also, emphasizing comprehensive regulation and sustainability for groundwater conservation across different sectors.

States not covered by CGWA

Though most of the regions are regulated by CGWA, in several States and Union Territories (UTs), the regulation of groundwater development and management is overseen by the establishment of State Ground Water Authorities or through government orders. Consequently, the Central Ground Water Authority (CGWA) does not issue NOCs for groundwater withdrawal in these specific States or UTs. If the guidelines adhered to by these States/UTs include stricter provisions than those outlined by CGWA, such provisions can also be implemented by the respective State/UT authorities, in addition to CGWA guidelines. States are free to propose supplementary conditions/criteria based on local hydro-geological conditions, which will be subject to review by CGWA/Ministry of Jal Shakti, Government of India before being accepted.

For those seeking NOCs in these regions, it is advisable to visit the respective State or UT websites where guidelines and procedures for obtaining NOCs are typically provided or reach out to their groundwater department directly.

Functions and Power of CGWA

CGWA is vested with the following powers and functions:

Exercise of Powers under Section 5 of the Environment (Protection) Act, 1986:

This includes issuing directions and implementing measures concerning all matters outlined in subsection (2) of section 3 of the said Act.

Enforcement of Penal Provisions:

The CGWA is empowered to utilize penal provisions outlined in sections 15 to 21 of the Environment (Protection) Act, 1986, to ensure compliance and address violations.

Regulation and Control of Groundwater:

The authority is responsible for regulating, controlling, managing, and developing groundwater resources across the country. It issues necessary regulatory directives to facilitate these objectives effectively.

Exercise of Powers under Section 4 of the Environment (Protection) Act, 1986:

This involves appointing officers to carry out the various functions and responsibilities mandated by the Act.

Also Read: The Huge Role Of Water In ESG Reporting

What is a CGWA NOC Certificate?

The CGWA NOC, or No Objection Certificate issued by the Central Ground Water Authority, is essential for abstracting groundwater from either an established or planned borewell at a project site. This requirement applies to various purposes, including drinking, domestic, and industrial operations conducted by residential, commercial, and industrial entities. As outlined in the Revised Guidelines by the CGWA under the Ministry of Jal Shakti, India, dated September 24, 2020, any borewell, whether new or existing, lacking a valid NOC is deemed unauthorized. Engaging in such unauthorized groundwater abstraction carries legal repercussions, including potential penalties and Environmental Compensation under Section 15 of the Environment Protection Act, 1986.

Also Read: CGWA NOC: Why Companies Drawing Ground Water Apply For It

When is the CGWA NOC certificate required?

According to the most recent guidelines from the Central Ground Water Authority (CGWA), obtaining a No Objection Certificate (NOC) is compulsory if your industrial operations involve withdrawing more than ten cubic meters of groundwater. Additionally, it's imperative to install an IoT-based Groundwater Monitoring System. Failure to comply with this requirement could result in fines of up to Rs 2 lakhs. It's essential to stick to these regulations to ensure sustainable groundwater management and avoid penalties.

So, if you are planning to use groundwater for any of the uses mentioned above, then here's a rundown of the documents necessary for obtaining that Groundwater NOC:

1. Pollution NOC issued by the State Pollution Control Board.
2. Certificate indicating non-availability of water supply or a water denial certificate.
3. Ground Impact Assessment Report.
4. Groundwater testing report from a laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL).
5. Completion certificate for the project.
6. NOC and permission from the Wetland Authority if the project area falls within the 500-meter radius of a Wetland zone.
7. Impact Assessment Report, including Groundwater modeling, particularly for areas categorized as Over Exploited, Critical, and semi-critical zones.
8. Water audit reports compliant with CGWA regulations.

Also Read: Water Audit For Your Business - Meaning, Importance, Steps

Penalties for not getting NOC

Failure to comply with CGWA regulations carries significant penalties. Entities found to be in violation of NOC conditions or exceeding extraction limits may be subject to substantial fines of up to 10 lakhs, suspension of operations, or legal proceedings.

It is imperative for stakeholders to meticulously adhere to regulatory standards to mitigate the risk of facing such penalties.

Renewal of the No Objection Certificate (NOC)

The renewal of NOC is contingent upon compliance with the stipulated conditions:

• Applicants must initiate the renewal process at least ninety days before the expiration of the NOC's validity.
• The application for NOC renewal must be accompanied by a Compliance Report.
• Prior to granting renewal, the Central Ground Water Authority or State/UT Authority must ensure that the conditions of the NOC have been met.
• If there is a change in the assessment unit's category, renewals will be granted with conditions specified for the new category.
• If the renewal application is submitted on time but the processing is delayed by the CGWA or the respective State/UT Authority, the NOC will be automatically extended until the renewal date.
• Failure to apply for renewal within three months from the NOC's expiry date will incur Environmental Compensation charges from the date of expiry until the NOC is renewed by the competent authority.

How to Obtain a CGWA NOC?

Here's a step-by-step guide on how to obtain a No Objection Certificate (NOC) from the CGWA and fulfill the necessary requirements:

Step 1: Eligibility

• Visit CGWA's website to access the Eligibility Criteria Form for NOC.
• Fill in details such as your industry segment (Industrial, Infrastructure, or Mining), type of water quality (Fresh or Saline), whether you're establishing a new plant or using water for an existing one, and your location.
• Provide specific details about your industry, such as Automobile, Aviation, Cement, Cotton, etc., or the type of infrastructure project (Hotels, Hospitals, Malls, etc.), or the type of mining activity (Coal, Iron ore, limestone, etc.).

Step 2: Registration

• Fill out the New User Registration Form on CGWA's website.
• Provide basic details like name, email ID, address proof, and ID proof.
• Create a username and password for future logins.
• Keep your phone number ready to receive a one-time password (OTP) for verification.

Step 3: Documentation

• Log in to your newly created account and gather all necessary documents required (mentioned above) for submission.
• Different documents may be needed based on your industrial segment and groundwater usage.
• Navigate to the "New Application" option (or "Renew Application" for renewal) from the menu bar on the website.
• Choose your industrial segment (Industrial/Infrastructure/Mining) and fill in the required details.
• Upload the necessary documents for the NOC approval process.

Step 4: Download NOC

• Use CGWA's website to track the status of your application after submission.
• Download NOC once it is approved from CGWA's NOC Download Portal.
• Ensure the installation of an IoT-based Groundwater Monitoring System within 90 days of receiving the NOC, as it is mandatory.

By following these steps diligently, you can successfully obtain the necessary NOC from CGWA and fulfill the associated requirements for sustainable groundwater management.

Also Read: CGWA NOC: Why Companies Drawing Ground Water Apply For It

Conclusion

The Central Ground Water Authority has been quite vocal through its public notifications, ensuring clarity for all industrial and construction projects that tap into groundwater via bore-wells within their premises. It's crystal clear: if you're abstracting groundwater for your operations, you need to secure a No Objection Certificate (NOC) from the CGWA. This certificate essentially grants you permission to abstract groundwater, but here's the catch: it's contingent upon your commitment to recharge an equivalent amount of water through rainwater harvesting using recharge wells. So, it's not just about taking water; it's about giving back to nature by replenishing what you've utilized.