Groundwater Law in India: Problems and Prospects

Abstract

"The rapid depletion of groundwater resources in some areas and rising water table in others has been recognised as a national priority problem. The National Water Policy recognizes that the challenges of prudent ground-water resource management, conservation, and equitable distribution have to be tackled on the basis of common policies and strategies. Legal control is one powerful mechanism for regulating the misuse of this resource making efforts to secure its sustianable development and equitable distribution. In India, only the states are currently empowered to legislate on the matter. In the 1970s the Ground-water Control and Regulation Model Bill was circulated to the states, but thus far only Gujarat has enacted a similar law, and with little success. The flaws appear to be in design rather than in failure of implementation. This paper examines the various political, social and economic parameters that have to be considered in the regulation of groundwater resources."