The JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010

WATER RESOURCES (REGULATION
AND MANAGEMENT) ACT, 2010
(Act No. XXI of 2010)
THE JAMMU AND KASHMIR WATER RESOURCES
(REGULATION AND MANAGEMENT) ACT, 2010
(Act No. XXI of 2010)
CONTENTS
Preamble.
SECTION.
CHAPTER I
Preliminary
1. Short title and commencement.
2. Definitions.
CHAPTER II
General
3. Property of the Government.
4. State Water Policy and Plan.
CHAPTER III
Drinking Water Supply
5. Supply of drinking water.
6. Supply of water for domestic purposes.
7. Supply of water for purposes other than domestic purposes.
8. Application for supply of water.
9. Expenses of connection.
10. Validity of permission.
11. Stopping supply of water.
12. Power to lay or carry pipes.
338 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
13. Charges for supply of water.
14. Separation of premises for water supply.
15. Connection with main line.
16. Indemnity.
17. Prohibition on construction over water works.
18. Prohibition of certain acts affecting the water works.
19. Prohibitions of certain other acts.
20. Obligation of owner to prevent misuse of water.
21. Power to enter premises.
22. Cutting of water supply.
23. Appeals.
CHAPTER IV
Irrigation and Flood Control
PART – I
Construction and maintenance of Irrigation works
24. Usage of water for irrigation.
25. Powers of entry on land etc.
26. Power to enter and survey etc.
27. Power to enter upon land, building etc, for inspection.
28. Power to enter for repairs and to prevent  accidents.
29. Notice to an occupier of building.
30. Canal crossings.
31. Acquisition of land for irrigation works.
SECTION.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 339
PART – II
Water Channels and Field Channels
32. Preparation of draft scheme.
33. Publication of the Scheme.
34. Acquisition of land for water channels and field channels.
35. Implementation of Scheme.
36. Maintenance of water channels.
37. Persons using water course to construct works.
38. Protection of water channels against demolition etc.
39. Adjustment of claims between persons jointly using water channel.
40. Supply of water through intervening water channel.
41. Application for transfer of existing field channel.
42. Objections to transfer applied for.
 43. Transfer of field channel to the applicant.
44. Procedure when objection is held valid.
45. Procedure when Tehsildar disagrees with Assistant Executive Engineer.
46. Expenses to be paid by the applicant before transfer of field channel.
47. Conditions binding on applicant.
48. Construction and maintenance of filed channels.
49. Maintenance of field channels.
50. Acquisition of land for construction of field channels.
51. Preparation of draft scheme in culturable commanded area.
PART – III
Drainage and Prevention of water logging
52. Power to prohibit obstructions.
SECTION.
340 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
SECTION.
53. Power to remove obstructions after prohibition.
54. Preparation of schemes for drainage works.
55. Scheme for field drains.
PART – IV
Regulation of irrigation supplies
56. Supply of water from Irrigation work.
57. Regulation of water supply from irrigation works.
58. Application for permission to use water from an irrigation work.
59. Non-supply of water in certain circumstances.
60. Sale or subletting of right to use water of irrigation work.
61. Supply of water for irrigation of one or more crops.
62. Power to prescribe the kind of crop to be grown under the irrigation area.
63. Small schemes for supply of water from  irrigation work and their management.
64. Constitution and functions of Water Committee.
65. Suspension and supersession of Water Committee.
PART – V
Safety of Irrigation Works
66. Limitation in respect of irrigation works.
67. Power to remove encroachments.
68. Obligation of owners in respect of works effecting safety of canals.
69. Prohibition to conduct operations near irrigation work.
70. Fishing and Plying of boats, etc.
71. Prohibition on letting out water from canal.
72. Prohibition to abstract water from irrigation work.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 341
SECTION.
73. Prohibition on deposition of any material or waste in or near a water channel.
74. Prohibition on discharge of sewage or industrial effluent in the irrigation
work.
PART – VI
Flood Basin and Embankments
75. Flood basins.
76. Determination of limits of flood basin.
77. Power to enter.
78. Calling of objections.
79. Notification of flood basin.
80. Superintendence of embankments.
81. Control of bed and banks.
82. Traffic on embankments.
83. Power to remove obstruction.
84. Excavation in lands.
85. Special measures when danger of flood.
86. Safety of embankments.
87. Extraction of bed material.
CHAPTER V
A W ARD OF COMPENSATION FOR DAMAGES
88. Compensation for damage.
89. Procedure for award of compensation.
CHAPTER VI
Usage of Water by installation of a Unit
90. Installation of Unit for usage of water.
342 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
SECTION.
91. Preparation of scheme for usage of water by the user.
92. Approval of the scheme.
93. Information to the User.
94. Prohibition on installation of a unit.
95. Ceiling on allocation of water.
96. Licence for usage of water.
97. Grant of licence.
98. Procedure for grant of Licence.
99. Licensee not to do certain things.
100. Amendment of licence.
101. Revocation of licence.
102. Duties, obligations and respon-sibilities of the licensee.
103. Grievance redressal mechanism.
104. Directions to the Licensee.
105. Control and safety provisions.
106. Location of Dams to be away from populated area.
107. Power of licensing authority under this Chapter.
108. Liability for failure or collapse of water usage unit.
109. Special Works.
110. Powers and functions of the licensing authority and the authorised officer.
CHAPTER VII
Ground Water Development and Management
111. Notification of areas to regulate and control development of ground water.
112. Grant of permit to extract and use ground water in the notified area.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 343
SECTION.
113. Duties, obligations and respon-sibilities of user agency/owner of a well.
114. Registration of existing users in notified areas.
115. Registration of user of new wells in non-notified area.
116. Registration of Drilling Agencies.
117. Power to alter, amend or vary the terms of the permit or Certificate of
Registration.
118. Cancellation of permit or Certificate of Registration.
119. Power to enter, inspect or seize etc.
120. Service of orders, etc.
121. Bar to claim compensation.
122. Rain water harvesting for ground water recharge.
123. Appeals.
CHAPTER VIII
Metering
124. Installation of meters.
125. Injuring a meter or any fitting.
126. Fraud in respect of meters.
127. Meter Reading.
CHAPTER IX
Water Usage Charges (Tariff)
128. Fixation of water usage charges.
129. Prohibition on charging higher water usage charges.
130. Recovery of water usage charges.
131. Procedure for assessment.
132. Disconnection of supply in the default of payment.
344 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
SECTION.
133. Disconnection of supply generally.
134. Restoration of supply.
135. Appeal.
136. Payment of water usage charges when used by joint users or licensees.
137. Providing of incentives by the Government.
138. Water Usage Code.
CHAPTER X
State Water Resources Regulatory Authority
139. Establishment of State Water Resources Regulatory Authority.
140. Qualification for appointment of Chairperson and Members of the Authority.
141. Constitution of Selection Committee.
142. Term of office and conditions of service.
143. Removal of Chairperson or Member.
144. Officers and other Employees of the Authority.
145. Functions of the Authority.
146. Powers of the Authority.
147. Proceedings before Authority.
148. Powers of entry and seizure.
149. Delegation.
150. Appeal to High Court in certain cases.
CHAPTER XI
INVESTIGA TION AND ENFORCEMENT
151. Assessment.
152. Appeal to appellate authority.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 345
SECTION.
153. Investigation of certain matters.
154. Orders for securing compliance.
155. Procedure for issuing directions by the Authority.
CHAPTER XII
OFFENCE AND PENALITIES
156. Offence relating to irrigation or hydraulic works.
157. Liability of removing obstruction or repairing the damage.
158. Power to remove obstruction or damage to work.
159. Offences relating to drinking water supply or dams.
160. Offences relating to theft of material.
161. Punishment for receiving stolen property.
162. Interference with utilities or works of licensee.
163. Negligently breaking or damaging works.
164. Penalty for intentionally injuring works.
165. Damage to public stand post.
166. Punishment for non-compliance of other orders or directions.
167. Offences relating to ground water.
168. Offences relating to flood basin and embankments.
169. Offences by a companies.
170. Offence by Government employees.
171. Abetment.
172. Cognizance of offences.
173. Punishment under other laws not barred.
174. Penalty for non-compliance of directions of the Authority.
346 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
SECTION.
175. Power to adjudicate.
176. Factors to be taken into account by adjudicating officer.
177. Civil Court not to have jurisdiction.
178. Penalties not to effect other liabilities.
179. Power of police to investigation.
180. Certain offences cognizable.
181. Compounding of offences.
CHAPTER XIII
Special Courts
182. Constitution of Special Courts.
183. Review.
CHAPTER XIV
Grants, Funds, Accounts, Audit and Report
184. Grants and loans by the Government.
185. Establishment of fund by Government.
185-A. Constitution of Fund for utilization of Water Usage Charges.
186. Accounts and Audit of Authority.
187. Annual report of the Authority.
188. Budget of the Authority.
189. Direction by Government.
CHAPTER XV
Miscellaneous
190. Protection of action taken in good faith.
191. Members, officers, etc of the Authority to be public servants.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 347
SECTION.
192. Recovery of water usage charges/penalty payable under the Act.
193. Services of notices, orders or documents.
194. Inconsistency in laws.
195. Act to have overriding effect.
196. Provisions of the Act to be in addition to and not in derogation of other laws.
197. Powers of Government to make rules.
198. Power of the Authority to make regulations.
199. Rules and regulations to be laid before the State Legislature.
200. Power to remove difficulties.
201. Repeal and Saving.
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348 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 349
THE JAMMU AND KASHMIR WATER RESOURCES
(REGULATION AND MANAGEMENT) ACT, 2010
(Act No. XXI of 2010)
[Received the assent of the Governor on 23rd October, 2010 and
published in Government Gazette dated 25th October, 2010].
An Act to consolidate the law relating to use of water, the measurement,
construction, control and management of works with respect to water storage,
conservation and protection, the irrigation, water supply, drainage, flood control
and prevention, the improvement in the flow of water, the protection and
improvement in the physical integrity of water courses, lakes and springs, the
safety and surveillance of dams, the establishment of the State Water Resources
Regulatory Authority for regulating water resources, ensuring judicious,
equitable and sustainable management, allocation and utilization of water
resources, fixing the rates for use of water and matters connected therewith or
incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-
first Year of the Republic of India as follows :––
CHAPTER I
Preliminary
1. Short title and commencement. ––(1) This Act may be called the Jammu
and Kashmir Water Resources (Regulation and Management) Act, 2010.
1[(2) It shall come into force from such date as the Government may by
notification in the Government Gazette appoint :]
Provided that different dates may be appointed for different provisions
or Chapters of this Act.
2. Definitions.–– In this Act, unless the context otherwise requires,––
(a) “Act” means the Jammu and Kashmir Water Resources (Regulation
and Management) Act, 2010 ;
(b) “Authority” means the J&K State Water Resources Regulatory
Authority established under section 139 of the Act ;
1. Enforced vide SRO-415 dated 10.11.2010 w.e.f. 10th November, 2010.
350 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(c) “Assistant Executive Engineer” means an Assistant Executive
Engineer in-charge of the concerned wing of PHE, Irrigation and
Flood Control Department exercising control over a sub-division
of an irrigation, flood control, hydraulic work or ground water ;
(d) “bed material” mean all kinds of material which is extracted from
the bed of any water source in any form ;
(e) “beneficiary” means a person who derives benefits from the usage
of water for drinking purposes, irrigation, drainage, generation of
electricity or extraction of bed material from any water source,
navigation or any other direct or indirect usage ;
(f) “category of use” means use of water for different purposes such
as for, generation of electricity, running of water mills, agricultural,
irrigation, horticulture, drinking water (domestic, industrial or
commercial), navigation and institutional use etc. ;
(g) “communication pipe” means any pipe or system of pipes, alongwith
all fittings thereto, by means of which water is supplied to any user,
licensee, premises, habitation, village or area from the main and
includes a connection pipe, service pipe, meter or other fittings ;
(h) “connection pipe” means any water pipe from a ferrule to stopcock
connecting the main with the service pipe ;
(i) “consumer” means any person getting the benefit of water supply
provided by the Government or any local body or licensee, as the
case may be ;
(j) “culturable command area” means all lands which are fit for
cultivation under irrigable command of irrigation work ;
(k) “dam” means works that include a barrier whether permanent or
temporary which has the potential of impounding, diverting or
controlling water for multipurpose projects or schemes like
generation of electricity, irrigation or any other use ;
(l)  “drainage works” include––
(i) channels, either natural or artificial, for the discharge of waste
or surplus water, and all works connected with or auxiliary
to such channels ;
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 351
(ii) escape channels from an irrigation work, dam, weir,
embankment, flood embankment, sluice, groin and other
works connected therewith, but does not include works for
the removal of sewage ;
(iii) any work in connection with a system of reclamation
constructed or maintained by the Government for the purpose
of drainage of an area ; and
(iv) all field drains ;
(m) “drinking water” means water for consumption or use by human
population for drinking or other domestic purposes, which shall
include––
(i) consumption or use of water for cooking, bathing, washing,
cleansing and other day-to-day activities ; and
  (ii)  water meant for consumption by the livestock ;
(n) “electricity” means electrical energy generated by way of usage of
water from any water source flowing within the territory of the
State ;
(o) “embankment” means and includes every bank, dam, wall and dyke
made or used for retaining water upon any land, every sluice, spur,
groyne, training wall or other work annexed to, or portion thereof
made or erected for the protection of any such embankment, or of
any land, from erosion or over flow by, or of, any water source,
tide or wave and also all buildings and roads, intended for purpose
of inspection and supervision of such embankments ;
(p) “Executive Engineer” means the Executive Engineer of the
concerned wing of PHE, Irrigation and Flood Control Department
exercising control over a division of PHE, irrigation, flood control,
hydraulic work or groundwater ;
(q) “field channel” means a channel, and everything appurtenant to it,
constructed by any owner or occupier or beneficiary, or by the
Government on their behalf and at their cost, to serve the various
fields within a block and includes existing water channels
constructed or maintained by the owners or occupiers or
beneficiaries.
352 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
Explanation:––“existing” means existing at the time of the commencement of
the Act ;
(r) “field drain” includes the drains, escape channels and other similar
works constructed and maintained by the owners or occupiers or
beneficiaries or by the Government on its own cost or on behalf,
and at the cost, of such owners or occupiers or beneficiaries ;
(s) “flood basin” means the area which is required for carrying the
flow of the floods ;
(t) “flood embankment” means any embankment constructed or
maintained by the Government in connection with any system of
irrigation or reclamation works for the protection of lands and other
infrastructure from inundation or which may be declared by the
Government to be maintained in connection with any such system,
and includes all groynes, spurs, dams and other protective works
connected with such embankment ;
(u) “flood water” means water overflowing or erupting or that has
overflowed or erupted from a water source onto, or over, land or
built up area which is not submerged when such water source flows
between, or is contained within, its bed and banks ;
(v) “Government” means the Government of the State of Jammu and
Kashmir ;
(w) “hydraulic works” include––
(i) all reservoirs, tanks, dams, weirs, canals, barrages, channels,
domestic or commercial water supply works, pipes, ponds,
spring ponds, spring channels, aqueducts, sluices, gates, outlets,
washouts, pumping installations, flood embankments or other
flood protection works constructed, maintained or controlled
by the Government for the usage or storage of water ;
(ii) all works, embankments, structures, control structures
including outlets, supply and escape channels connected with
such reservoirs, tanks, dams, weirs, canals, barrages,
channels, domestic or commercial water supply works, pipes,
ponds, spring ponds, spring channels, aqueducts, sluices,
gates, outlets, washouts, pumping installations, and all roads
constructed for facilitating the construction or maintenance
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 353
of such reservoirs, tanks dams, weirs, canals, barrages,
channels, domestic or commercial water supply works, pipes,
ponds, spring ponds, spring channels, aqueducts, sluices and
pumping installation ;
(iii) all drainage works, flood embankments, other flood protection
works,  wells, water courses and field channels ;
(iv) all lands held by the Government for the purpose of such
reservoirs, tanks, dams, weirs, canals, barrages, channels,
domestic water supply works, pipes, ponds, spring ponds,
spring channels, aqueducts, sluices, pumping installation and
all buildings, machinery, fences, gates and other erections
upon such lands ;
(v) zamindari khuls ; and
(vi) all lands, roads, cross drainage, catch water drains, pillars,
boundary pillars, reference pillars, buildings, machinery,
fences, gates, other erections, trees, crops, plantations or other
produce occupied by and belonging to Government for the
purposes of irrigation works ;
(x) “head works” mean the work relating to construction of  any dam,
weir, barrage or reservoir and all works appurtenant thereto,
channel, structure, building, well, bore, tunnel or machinery used
for, or in connection with, the storage, control, conveyance or
distribution of water for different purposes ;
(y) “land under irrigable commands” means such lands as are irrigated
or capable of being irrigated by flow or lift from any hydraulic
work being under its command and shall include also such
cultivated land which received, in the opinion of the Assistant
Executive Engineer concerned, by percolation or otherwise from
an hydraulic work or by indirect flow, percolation or drainage from,
or through, adjoining land advantage beneficial to the crop ;
(z) “licensee” means an person, group of persons, firm, corporation,
company, society, board, local body, government department or
any other authority authorised under section 97 of the Act to avail
the facility of usage of water from any source, or extraction of bed
material with location thereof, within the State ;
354 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(za) “licensing authority’ means––
(i) in relation to clause (a) of sub-section (1) section 91, the
Government ; and
(ii) in relation to clauses (b) to (e) of sub-section (1) of section
91, the––
(a) Chief Engineer concerned Incharge PHE in respect of
drinking water supply and groundwater ; and
(b) Chief Engineer concerned Incharge Irrigation & Flood
Control in respect of irrigation, flood control and
embankment schemes ;
(zb) “local body” or “local authority” means a municipal corporation,
municipal committee, municipal council or a halqa panchayat
constituted under any law for the time being in force and includes
such other body or authority as the Government may, from time to
time, notify ;
(zc) “main” means a pipe laid by the department or a licensee, as the
case may be, for the purpose of giving a general supply of water as
distinct from a supply to individual consumers and includes any
apparatus used in connection with such a pipe ;
(zd) “notification” means a notification published in the Government
Gazette and the term “notify” shall be construed accordingly ;
(ze) “notified area” means the area notified as such under sub-section
(1) of section 111 ;
(zf) “occupier” includes an occupier of land or premises or other
property who cultivates or possesses the same for the time being ;
(zg) “on-farm development” includes any of the following works :––
(i) land-levelling and land-shaping, including realignment of
field boundaries and terracing ;
(ii) providing of falls, culverts and farm roads in the fields ;
(iii) land reclamation by use of engineering, biological and
chemical measures, including leaching ;
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 355
(iv) contour bunding and nallah bunding ; and
(v) such other work as may be necessary or incidental to the
development of land or ground or flow of water and for
optimising the utilisation of land and water resources ;
(zh) “outlet” includes an opening constructed in an irrigation work
through which water is delivered into a water course or field channel
or directly on to any land ;
(zi) “owner” means every person having interest in the ownership of
land, premises or other property, and all rights and obligations which
attach to an owner under the provisions of the Act shall attach jointly
and severally to every person having such joint interest in the
ownership and includes––
(i) every person who is entitled for the time being to receive any
rent in respect of such land, premises or building ;
(ii) a manager on behalf of any such person ;
(iii) any agent for any such person ; and
(iv) an occupier ;
(zj) “permit” means a document issued by the prescribed authority under
the Act authorising use of water by the holder thereof ;
(zk) “premises” means any building or part of a building or out house
but shall not include garden, ground or lawn, if any, appurtenant to
a building or part of a building ;
(zl) “prescribed” means prescribed by rules made under the Act ;
(zm) “prescribed authority” means––
(i) in relation to drinking water supply and groundwater, the
Chief Engineer concerned Incharge PHE ; and
(ii) in relation to irrigation, flood control and embankments, the
Chief Engineer concerned Incharge Irrigation and Flood
Control.
356 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(zn) “regulations” mean the regulations made under section 198 ;
(zo) “river basin” means the river system and the adjacent land, which
is separated from another river basin by a physical boundary ;
(zp) “rules” mean the rules made under section 197 ;
(zq) “section” means a section of the Act ;
(zr) “service pipe” means any pipe other than the connection pipe
beyond the stop-cock by means of which water is supplied to any
consumer or premises ;
(zs) “sewage effluent” means effluent from any sewerage system or
sewage disposal works and includes sullage from open drains ;
(zt) “specified” means specified under regulations framed by the
Authority under section 198 ;
(zu) “Superintending Engineer” means the Superintending Engineer of
the concerned wing of PHE, Irrigation and Flood Control
Department exercising control over a circle of an irrigation, flood
control, hydraulic work or groundwater ;
(zv) “trade effluent” includes any liquid, gaseous or solid substance
which is discharged from any premises used for carrying on any
trade or industry, other than domestic sewage ;
(zw)   “underground water” means water under the surface of earth
regardless of the geologic structure in which it is standing or
moving, but it does not include water flowing in artificial
underground streams ;
(zx) “user” means any person, group of persons, local body, government
department, board, company, corporation, society etc. using water
for drinking purposes, commercial, industrial or institutional,
irrigation,  power generation, running of water mills, agriculture,
or any other purpose from any source of water ;
(zy) “vessel” includes boats, rafts, timber and other floating bodies ;
(zz)  “water” means natural resource flowing in any river, stream, tributary,
canal, nallah or any other natural course of water or situated upon
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 357
the surface of any land like lake, pond, lagoon, swamp, spring or
ground water but does not include fish ;
(zza) “water channel” means the length of a channel between an outlet
and a field channel, built or constructed to carry water from an
outlet to any block of land ;
(zzb)  “water connection” includes––
(i) any tank, cistern, hydrant, stand-pipe, meter or tap situated
on any premises or property and connected with a  main or
the distribution pipe ; and
(ii) the water pipe connecting such a tank, cistern, hydrant stand
pipe, meter or tap with such main or distribution pipe ;
(zzc) “water course” means any river, tributaries, nallah, stream, canal,
khad, flood channel, diversion channel, outlet, natural drainage or
any other means of flow or drainage of water whether perennial or
seasonal ;
(zzd) “water mills” include jandar, gharat and any other kind of mill
worked by water of a river, brook or zamindari khul (a small water
channel) ;
(zze) “water source” means a river and its tributaries, stream, nallah, canal,
spring, pond, lake, water course, underground water or any other
source from which water becomes available for use but does not
include a shallow well in any private land for domestic use of the
owner thereof ;
(zzf) “water supply” means supply of water to any consumer or a licensee
for its use for drinking purposes and other domestic use or for use
in any trade or business, gardening exclusively, irrigation, fountains,
swimming bath, public bath or for any ornamental or mechanical
purpose or for use at restaurants,  hotels, boarding houses, clubs
and washing vehicles etc. ;
(zzg) “water works” mean the water channel including a river, stream,
lake, spring, canal, well or other underground water source, pump,
galleries, reservoir, cistern, tank or duct whether covered or open,
treatment units, sluice, supply main culvert, engine, water truck,
hydrants, stand pipe, conduit and machinery, land, building or other
358 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
things for supplying or used for supplying water or for protecting
sources of water supply or for treatment of water ;
(zzh) “water usage charges” means the rate levied or charged for use of
water and fixed under section 128 ;
(zzi) “water usage code” means the water usage specified under
section 138 ;
 (zzj)  “well” means a well sunk for search or extraction of ground water
by any person for drawing out water or for carrying out scientific
investigations, exploration, development, augmentation, protection
or management of ground water and includes open well, dug well,
bore well, dug-cum-bore well, tube well, filter point, collector well
and infiltration gallery or any of their combinations or variations
which would include any such type of structure required for proper
development and use of spring water :
Provided that it shall not include the shallow wells where water
is extracted by digging a well fitted with a hand operated manual
pump, or is withdrawn by any manual device, or sub-surface well
upto 20 metre depth ;
(zzk) “zamindari khul” means an irrigation channel which was maintained
by the beneficiaries themselves but taken over by the Government
for the purpose of remodelling, repair, maintenance, whether before
or at the commencement of the Act and includes such of the Khuls
which may be taken over by the Government in future for
remodelling, repair or maintenance.
CHAPTER II
General
3. Property of the Government. ––(1) Every water source in the State is,
and shall remain, the property of the Government and any proprietary
ownership, or any reparian or usage right, on such water resources vested in
any individual, group of individuals or any other body, corporation, company,
society or community shall, from the date of commencement of the Act, be
deemed to have been terminated and vested with the Government.
(2) No person shall use any water from any source (surface or ground),
or collect or extract any material from such water sources except in accordance
with the provisions of the Act.
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 359
4. State Water Policy and Plan. ––(1) The Government shall, from time
to time, prepare the State Water Policy and Plan for the development,
management, planning, utilization and monitoring of water resources in the
State keeping in view the following objectives :––
(a) the availability of water ;
(b) the demand of water for diverse purposes such as domestic,
agriculture, power, industry etc ;
(c) the obligations of the State under any agreement, treaty, judgment
or order of any court or tribunal, or statutory obligations under any
law for the time being in force in the State ;
(d) the ecological system and environmental concerns ;
(e) the conservation and management of available water resources in
most economical and sustainable manner ;
(f) the drought and flood management on scientific basis;
(g) the planning and management of irrigation and  multipurpose
projects involving varied socio-economic aspects such as
environmental sustainability, resettlement and rehabilitation of
project affected people and live-stock etc ;
(h) ensuring sustainable and conjunctive use of surface and ground
water ;
(i) the development and improvement of ground water and prevention
of its over exploitation ;
(j) promoting efficiency in water utilization for various sectoral
purposes ;
(k) promotion, conservation and augmentation of  traditional water
resources ;
(l) use of scientific and innovative techniques for prevention and
reduction of pollution of surface and ground water resources and
improvement  in quality of  water ;
(m) training and capacity building of personnel involved in the
management and development of water resource ;
360 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(n) extension and improvement in irrigation facilities and focus on
efficiency in utilization of water for crop production to increase
production and productivity in agriculture sector ;
(o) promotion of crops which require less water as against the water
intensive crops ;
(p) the development of information system to collect, process and
provide data regarding the availability of water, actual use of water
for different purposes, the future demands of water  for diverse
purposes, hydraulic data with emphasis  on the use of modern
technology including remote sensing techniques ;
(q) the establishment of a network of data banks and data bases using
modern computer technology and  exchange of data among the
various agencies ;
(r) the development of an effective institutional mechanism for
coordinating the management of water resources on a hydrological
unit basis with a multi sectoral and multi disciplinary approach ;
(s) the measures aimed at maximizing retention and minimizing loss
of water by watershed management through extensive soil
conservation, catchment area treatment, preservation of forests and
wet lands, increasing the forest cover, construction of check dams
and other ground water recharge measures ;
(t) non-conventional measures such as artificial recharge of ground
water and traditional water conservation practices like rain water
harvesting including promotion  of roof top rainwater harvesting ;
(u) encouragement of re-cycling and reuse of water ;
(v) prioritisation of water allocation broadly in the following order
but subject to modification if so warranted by area/situation specific
considerations :––
(i) drinking water including washing & bathing ;
(ii) irrigation ;
(iii) generation of electricity ;
(iv) ecology  ; and
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 361
(v) agro Industries and non-agricultural industries ;
(w) planning and development of water resources as multi-purpose
projects with provision for drinking water as an integral component,
irrigation, flood control, navigation,  hydroelectric power
generation, pisciculture and recreation, wherever possible ;
(x) integrated and multi-disciplinary approach to planning, formulation,
clearance, implementation and monitoring of water projects and
schemes ;
(y) emphasis on drinking water as the first charge on any available
water resource ;
(z) establishment of a network of water quality testing laboratories  at
the district level to ensure the water quality and regular monitoring
in terms of parameters laid down by Government of India from
time to time so as to ensure that the health of the people is not
affected adversely ;
(za) generation of public awareness about the standards of water quality
and the likely impact on health of people due to possible
contamination ;
(zb) prevention of encroachment on existing water bodies and
deterioration of water quality in such water bodies due to
pollution ;
(zc) treatment of  effluents, solid/ gaseous wastes which are discharged
into the natural streams, water bodies and have the potential of
contaminating the ground water through seepage, leaching to
acceptable standards before these are released from the industries,
institutions, residential and commercial areas ;
(zd) planning of irrigation projects taking into account the irrigability
of the land, cost effective irrigation options possible from all
available sources of water and appropriate irrigation techniques
for optimizing water use efficiency ;
(ze) preparation of basin master plan to assess the water needs for
various uses and also to assess the potential resources so as to
prioritise the water resource development ;
362 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(zf) ensuring close linkage between water-use and land-use policies and
obviating disparities in availability of water between head-reach
and tail end farms and between large and small farms by adopting
distribution system and supply of water to families on a volumetric
basis subject to certain ceilings and rational pricing ;
(zg) adoption of command area development approach to ensure that
irrigation potential created is fully utilized and the gap between
potential created and potential utilized is removed ;
(zh) fixation and revision of water rates to cover at least the operation
and maintenance charges linked to the quality of service provided ;
(zi) usage charges of water made available for drinking purposes
(domestic, commercial, institutional) or for irrigation to farmers
on volumetric basis with a view to discourage excessive and
wasteful use of water ;
(zj) involvement of users, farmers and voluntary organizations in various
aspects of planning, design, development and management of water
resource schemes (both for drinking water and irrigation) ;
 (zk) involvement of user associations, local bodies and other voluntary
agencies in operation, maintenance and management of schemes
or parts of schemes with a view to eventually transfer these to the
user groups and local bodies ;
(zl) empowerment of such user groups and local bodies to collect water
charges and delegation of  specific functions, necessary for effective
management of the schemes ;
(zm) division of the  State into water zones to ensure proper    planning
and development of water resources ;
(zn) optimum efficiency and utilization of hydro-potential for
constructing hydro-electric projects with a view to ensuring
generation of maximum power, revenue and local employment ;
(zo) promotion of water conservation consciousness through education,
awareness building, regulation, incentives and disincentives ;
(zp) private sector participation  in planning and development of water
resources projects particularly power projects, which may help in
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 363
generating financial resources and improving efficiency ;
(zq) framing of uniform guidelines for resettlement and rehabilitation
of project-affected persons  and setting up of a grievance redressal
mechanism with active participation of affected persons ;
(zr) periodical assessment of the  ground water potential on scientific
basis to estimate the availability of water and the economic viability
of extraction ;
(zs)  regulating the exploitation of ground water resources to ensure that
it does not exceed recharging limits ;
(zt) preparation of a  master plan for flood prone areas with a view  to
control floods and provide protection ;
(zu) establishment of an extensive network for flood forecasting for
giving timely warning to the people likely to be affected ;
(zv) promotion of  watershed management through extensive soil
conservation, catchment area treatment, preservation of forests,
increasing the forest area and the construction of check dams to
increase infiltration rate and  to reduce the intensity of floods ;
(zw) imposition of complete ban on encroachment on water bodies,
wetlands, water courses, and reclamation of such water bodies,
wetlands and water courses ;
(zx) promotion of suitable cost effective measures to minimize the
erosion of land by streams ;
(zy) encouragement of measures like soil moisture conservation, water
harvesting, works aimed at increasing the ground water potential
by recharging and transfer of surface water from the surplus areas
for reducing the problems and severeness related to drought ;
(zz) development of grazing fields and encouragement of afforestation
to improve drought management ;
(zza) setting up of a proper organisational arrangement at the State level
consisting of specialists in investigation, design, construction,
hydrology, geology etc. for  ensuring safety of storage dams and
other water related structures ;
364 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(zzb) monitoring of water resource projects to identify bottlenecks and
to adopt timely remedial measures ;
(zzc) evolution of a system for evaluating the socio economic and
environmental impact of projects ;
(zzd) periodical audit of the working systems to  check the sustainable
losses taking place between storage, distribution and usage points;
(zze) encouragement of research particularly in the fields of hydro-
meteorology, assessment of water resources, snow and lake
hydrology, ground water hydrology and recharge, water-harvesting,
evaporation and seepage losses, economic designs for water
resources projects, crops and cropping systems, sedimentation of
reservoirs,  safety and longevity of water-related structures, river
morphology and hydraulics, soils and material research, better water
management practices and improvements in operational technology,
recycling and re-use, seismology and seismic design of structures
and the use of remote sensing technology in development and
management.
CHAPTER III
Drinking Water Supply
5. Supply of drinking water. ––(1) The Government may provide any
area in the State with drinking water supply of wholesome water for public,
domestic and commercial purposes.
(2) For purposes of such supply, the Government shall cause to be
constructed and maintained such water works as may be necessary and may
erect stand pipes, wells or pumps for the use of inhabitants of any such area.
6. Supply of water for domestic purposes.–– The Executive Engineer
concerned may, on application made by the owner or occupier of any premises
under section 8, arrange for supply of water from the main distribution pipe to
such owner or occupier for domestic purposes in such quantity as it may deem
reasonable  and may at any time, limit the amount of water to be so supplied
whenever it considers necessary.
Explanation:––Supply of water for domestic purposes shall not be deemed to
include a supply for––
WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010 365
(a) animals kept for commercial purposes, or for washing of vehicles
where such vehicles are kept for sale or hire or where such vehicles
are repaired, serviced or overhauled such as workshops, etc. ;
(b) any trade, manufacture, business or industry ;
(c) fountain, swimming baths or for any ornamental or mechanical
purpose ;
(d) watering of lawn or garden ; and
(e) building purposes or for construction activity :
Provided that the Government may, by notification and on the
recommendations of the Authority, relax this restriction in respect of any area
as may be specified in the notification.
7. Supply of water for purposes other than domestic purposes. ––
(1) The prescribed authority may, subject to such conditions as may be prescribed,
supply water for any purpose other than domestic purpose, on receiving an
application under section 8 specifying the purpose for which such supply is
required and the quantity likely to be consumed in connection therewith and on
execution of a deed by the applicant in the prescribed manner :
Provided that the prescribed authority may withdraw such supply at any
time, if it considers necessary to do so, in order to maintain a sufficient supply
of water for domestic purposes.
(2) No person shall, without a permit issued by the prescribed authority,
use water supplied under the Act for any purpose other than that for which its
use has been authorised or permitted.
8. Application for supply of water. ––(1) The owner or occupier of any
premises may apply to the Executive Engineer concerned in case of supply of
water for domestic purposes, or to the prescribed  authority for supply of water
for purposes other than domestic use, by submitting an application in the
prescribed form and accompanied by the  prescribed fee.
(2) On receipt of the application, the Executive Engineer or the prescribed
authority, as the case may be, shall satisfy itself that the use of water applied
for is not––
(a) inconsistent with State Water Policy and Plan ;
366 WA TER RESOURCES (REGULATION AND MANAGEMENT ACT, 2010
(b) likely to create a water shortage in the area ;
(c) likely to create a health nuisance ;
(d) likely to adversely affect other lawful users of the water  resource ;
(e) likely to damage the water resource or its environment ;
(g) incompatible with other uses in the adjoining area ; and
(h) inconsistent with the provisions of the Act or rules and regulations
framed thereunder.
(3) Subject to the provisions of sub-section (2), the Executive Engineer
or the prescribed authority, as the case may be, shall, within 30 days after
receipt of the application under sub-section (1), either grant the water supply
connection to the applicant or, for reasons to be recorded in writing, reject the
request for such connection.
9. Expenses of connection.–– If the request of the applicant for grant of
water supply connection is accepted by the Executive Engineer or the prescribed
authority, as the case may be, under sub-section (3) of section 8, the applicant
shall, at his own cost, provide all communication pipes and fittings and cause
to be carried out works relating to the laying and applying such communication
pipes and fittings in the premises for which the water supply is sanctioned.
10. Validity of permission.–– If the person to whom such permission is
granted fails to get his premises fitted with pipes and necessary connection
within a period of six months from the date of grant of  permission, such
permission shall be deemed to be inoperative.
11. Stopping supply of water.–– If at any time supply of water is proposed
to be stopped for more than twenty-four hours in any local area or to any
premises, 

Excerpt shown. Open the full act in Lexace.

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