LexThe Maharashtra Water Resources Regulatory Authority Act, 2005
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2005 : Mah. XVIII] 1
THE MAHARASHTRA WATER RESOURCES
REGULATORY AUTHORITY ACT, 2005
[Text as on 19th April 2024]
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extend and commencement.
2. Definitions.
CHAPTER II
MAHARASHTRA WATER RESOURCES
REGULATORY AUTHORITY
3. Establishment and incorporation of Authority.
3A. Power to appoint Committee to perform powers, etc., of Authority during
intervening period when Authority is not reconstituted.
4. Qualifications for Chairperson, other Members and Special Invitees of Authority.
5. Constitution and Functions of Selection Committee.
6. Term of office, salary and allowances and other conditions of service of
Chairperson and Members of Authority.
7. Removal of Member.
8. Power of Government to depute officers and employees to Authority and
their service conditions.
9. Proceedings of Authority.
10. Vacancies, etc., not to invalidate act or proceedings.
CHAPTER III
POWERS, FUNCTIONS AND DUTIES OF THE
AUTHORITY
11. Powers, functions and duties of Authority.
12. General policies of the Authority.
13. Powers of Authority and Dispute Resolution Officer.
CHAPTER IV
STATE WATER PLANNING
14. Permission of River Basin Agency.
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15. State Water Board.
16. State Water Council.
16A. Sectoral allocation by State Government.
CHAPTER V
ACCOUNTS, AUDIT AND REPORTS
17. Grants and advances to Authority.
18. Budget of Authority.
19. Accounts of Authority.
20. Annual report of Authority.
CHAPTER VI
SPECIAL POWERS OF AUTHORITY FOR REMOVAL
OF BACKLOG AS PER GOVERNOR'S DIRECTIVES.
21. Special Responsibility of Authority.
CHAPTER VII
MISCELLANEOUS
22. Disputes and Appeals.
23. Directions by Government.
24. Members, officers and other staff of Authority to be public servants.
25. Protection of action taken in good faith.
26. Punishment for non-compliance of orders under this Act.
27. Offences by companies.
28. Compounding of offences.
29. Cognizance of offence.
30. Powers of Government to make rules.
31. Powers of Authority to make regulations.
31A. Entitlement to apply only after delineation.
31B. Permission, allocation, etc., to continue.
31C. Bar of certain suits or proceedings, etc.
32. Power to remove difficulties.
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Regulatory Authority Act, 2005
LIST OF AMENDMENT ACTS
1. Amended by Mah. 21 of 2011 1(17th September 2010)
2. Amended by Mah. 8 of 2017 2(17th June 2016)
1 Maharashtra Ordinance No. II of 2011 was repeal ed by Mah. 21 of 2011, 5 -7 and sections 2 to 6 of the Act came into
force w.e.f. 8th June 2005.
2 Maharashtra Ordinance No. XXI of 2016 was repealed by Mah. 8 of 2017, s-8.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Regulatory Authority Act, 2005
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Regulatory Authority Act, 2005
MAHARASHTRA ACT No. XVIII OF 20051
[THE MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY ACT, 2005.]
[This Act received the assent of the Governor on the 3rd May 2005; assent was first published,
in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 4th May 2005.]
An Act to provide for the establishment of the Maharashtra Water Resources Regulatory
Authority to regulate water resources within the State of Maharashtra, facilitate and ensure
judicious, equitable and sustainable management, allocation and utilisation of water resources,
fix the rates for use of water for agriculture, industrial, drinking and other purposes, and
matters connected therewith or incidental thereto.
WHEREAS, it is expedient to make a law to provide for the establishment of the Maharashtra
Water Resources Regulatory Authority to regulate water resources within the State of Mah arashtra,
facilitate and ensure judicious, equitable and sustainable management, allocation and utilisation of
water resources, fix the rates for use of water for agriculture, industrial, drinking and other purposes,
and matters connected therewith or incidental thereto, for the purposes aforesaid; it is hereby enacted in
the Fifty-sixth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extend and commencement.— (1) This Act may be called the Maharashtra Water
Resources Regulatory Authority, Act, 2005.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date2 as the State Government may, by notification in Official
Gazette, appoint, and different dates may be appointed for different areas and for different sections of
this Act.
2. Definitions.— (1) In this Act, unless the context otherwise requires,—
(a) "Aggregate Bulk Water Entitlement" means an aggregate of Entitlements issued to a
group or association of Water User Entities for the purpose of joint management of the Bulk
Water Entitlements;
(b) "Allocation" means the portion or percentage of an Entitlement declared annually or
seasonally by the Prescribed Authority to be made available to the holder of an entitlement based
upon the availability of water for the period within the sub -basin, river basin, project or storage
facility for that season or year; and during water crisis or scarcity on the principle of
proportionate entitlement;
(c) "Authority" means the Maharashtra Water Resources Regulatory Authority established
under section 3;
(d) "Board" means the State Water Board constituted under section 15;
(e) "Bulk Water Entitlement" shall mean the volumetric entitlement to a share of the surface
water resources produced by a project, river system or storage facility, for a specific category or
Categories of Use, and deliverable within a specific period of ti me as specifically provided in the
order granting the Entitlement;
(f) "Category of Use" shall mean use of water for different purposes such as for domestic,
agricultural irrigation, agro -based industries, industrial or commercial, environmental, etc., an d
includes such other purposes as may be prescribed;
1 For Statement of Objects and Reasons (English), see Maharashtra Government Gazette, 2005, Part V -A, Extraordinary,
No. 67, dated the 17 th December 2003, P. 508, for report of Jt. Committee see Maharashtra Government Gazette ,
(English) Part V-A, Extraordinary, dated 6th April 2005, pages 170-204.
2 This Act was brought into force by G. N., W. R. D., No. Committee -2005/(72/05)/2/WRI, dated 8th June 2005, w.e.f. 8th
June 2005.
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(g) "Chairperson" means the Chairperson of the Authority;
(h) "Council" means State Water Council constituted under section 16;
(i) "Entitlement" means any authorisation by any River Basin Agency to use the water for
the purposes of this Act;
(j) "Government" or "State Government" means the Government of Maharashtra;
(k) "Governor's Directives" means the directives issued by the Go vernor under rule 7 of the
Development Boards for Vidarbha, Marathwada and the rest of the Maharashtra Order, 1994
made under clause (2) of article 371 of the Constitution of India;
1[(k-1) "High Power Committee" means the committee constituted by the Sta te Government
under the Government Res olution, Irrigation Department, No. Misc. 1001/ (154 -01)/I. M. -(P),
dated the 21st January 2003;]
(l) "Individual Water Entitlement" means any authorization by the Authority to use the
water other than Bulk Water Entitlement of an Aggregate Bulk Water Entitlement;
(m) "Integrated State Water Plan" means a water plan approved by the State Water Council;
(n) "Irrigation Project" means a project constructed to provide irrigation facilities to the land
situated in the command area in accordance with the project reports or orders in this regard, as
revised from time to time;
(o) "Member" means a Member of the Authority and includes the Chairperson;
(p) "prescribed" means prescribed by the rules made under this Act;
(q) "Prescribed Authority" means any authority at various levels within the water resource
management system that has been duly authorised by the Authority to determine and declare, on
an annual or seasonal basis, the quota or amount of water available within a system for use as an
allocated percentage of the Entitlements duly issued by the Authority;
(r) "Project Level Entity" means a group of all Water User Entities, from a common supply
source within a water resources project;
(s) "Quota" means a volumetr ic quantity of water made available to an Entitlement holder,
which is derived by multiplying an Entitlement by the annual or seasonal allocation percentage;
(t) "Regulations" means regulations made by the Authority under this Act;
(u) "River Basin Agenc y" means any one of the following River Basin Development
Corporations operating in the River Basin and includes the Government Authorities as specified
by the Government, from time to time,—
(1) the Maharashtra Krishna Valley Development Corporation esta blished under the
Maharashtra Krishna Valley Development Corporation Act, 1996 (Mah. XV of 1996);
(2) the Vidarbha Irrigation Development Corporation estab lished under the Vidarbha
Irrigation Development Corporation Act, 1997 (Mah. XXVI of 1997);
(3) the K onkan Irrigation Development Corporation established under the Konkan
Irrigation Development Corporation Act, 1997 (Mah. III of 1998);
(4) the Tapi Irrigation Development Corporation established under the Maharashtra
Tapi Irrigation Development Corporation Act, 1997 (Mah. IV of 1998);
(5) the Godavari Marathwada Irrigation Development Corporation established under
the Maharashtra Godavari Marathwada Irrigation Development Corporation Act, 1998
(Mah. XXIII of 1998);
1 Clause (k-1) was inserted by Mah. 21 of 2011, s. 2 (i).
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1[(u-1) "Sectoral allocation" means the allocation made in a water resources project by the
State Government to the various Categories of Use;]
(v) "Selection Committee" means a Selection Committee constituted under section 5;
2[(v-1) "Special Invitee" means a person appointed to the Authority under clause ( f) of sub-
section (1) of section 4;]
(w) "State" means the State of Maharashtra;
(x) "State Water Policy" means the Water Policy of the State;
(y) "Sub-Basin" means a hydrologic unit, or hydrologic sub -unit of a river basin within the
State;
(z) "Sub -surface entitlement" means an Individual or Bulk Water Entitlement to a
volumetric quantity of water to be extracted in the command area of the irrigation project from a
tube well, bore well or other well or by any ot her means of extraction of sub -surface water, or a
group or field or wells duly and legally permitted, registered and constructed in accordance with
standards prescribed by the Authority;
(za) "Utility" means any Water User Entity responsible for the mana gement, treatment and
distribution of domestic or municipal water supplies (including water used for industries);
(zb) "Volumetric" means a measurement of water on the basis of volume as per the norms of
the Bureau of Indian Standard;
(zc) "Water User Entity" means any Water User's Association, Utility, Industrial User's
Association, Other User's Association or any other group which is authorised by the Authority to
receive and utilize a water Entitlement;
(zd) "Water User's Association" means a Water User's Association formed at the minor level
or above, which represents the users of irrigation water from that segment of any project, canal or
natural flow or storage system.
(2) Words and expressions used and not defined in this Act but d efined in various irrigation or
water resources related Acts in the State shall have the meanings respectively assigned to them in those
Acts.
CHAPTER II
MAHARASHTRA WATER RESOURCES REGULATORY AUTHORITY
3. Establishment and incorporation of Authority. — (1) The State Government shall within
three month s from the date of commencement of this Act, by notification in the Official Gazette ,
establish an Authority to be known as the Maharashtra Water Resources Regulatory Authority to
exercise the powers conferred on, and to perform the functions and duties assigned to it, under this Act.
(2) The Authority established under sub -section ( 1) shall be a body corporate by the name
aforesaid, having perpetual succession and a common seal, with power to contract, acquire, hold and
dispose of property, both movable and immovable, and to do all things necessary for the purposes of
this Act, and may sue or be sued by its corporate name.
(3) The head office of the Authority shall be at Mumbai;
3[Provided that, the State Government may, by notification in the Official Gazette, declare that the
head office of the Authority shall be at such other place as mentioned in the said notification.]
4[(4) The Authority shall consist of a Chairperson and four other Members.]
1 Clause (u-1) was inserted by Mah. 21 of 2011, s. 2 (ii).
2 Clause (v-1) was inserted by Mah. 8 of 2017, s. 2.
3 This proviso was added by Mah. 8 of 2017, s. 3 (a).
4 Sub-section (4) was substituted by Mah. 8 of 2017, s. 3 (b).
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(5) The Chairperson and the other Members of the Authority shall be appointed by the Governor
of Maharashtra on the recommendation of the Selection Committee constituted under section 5.
1[3A. Power to appoint Committee to perform powers, etc., of Authority during intervening
period when Authority is not reconstituted.— Notwithstanding anything contained in this Act, when
the Authority cannot be reconstituted under sub -section ( 5) of section 3, for whatsoever reason , the
powers, functions and duties of the Authority may be exercised, performed and discharged by a
Committee, to be appointed by the Government, by notification in the Official Gazette, consisting of
persons holding the post of the Additional Chie f Secretary or equivalent thereto, who shall act as a
Chairperson and the Secretary (Water Resources Management and Command Area Development),
Water Resources Department and Principal Secretary/Secretary, Finance Department, who shall act as
Members thereof; and the said Committee shall cease to exercise the powers, perform the functions and
discharge the duties of the Authority after expiry of a period of six months or when the Authority is
duly reconstituted, whichever is earlier.]
2[4. Qualifications for Chairperson, other Members and Special Invitees of Authority. — (1)
The Chairperson, the Members and Special Invitees of the Authority shall be appointed as follows :—
(a) The Chairperson shall be a person who is or who was the Officer of the State
Government of the Rank of Chief Secretary to the State Government or equivalent thereto or
Retired High Court Judge;
(b) One Member shall be expert from the field of water resources engineering;
(c) One Member shall be expert from the field of economics;
(d) One Member shall be expert from the field of groundwater management;
(e) One Member shall be expert from the field of law; and
(f) Five Special Invitees as may be prescri bed shall be, one from each River Basin Agency
area, having adequate knowledge, experience or proven capacity in dealing with the problems
relating to water resources engineering, agriculture, ecology and environment, drinking water,
industry, law, economics, commerce, finance or management for assisting the Authority :
Provided that, at least one Special Invitee shall be a woman :
Provided further that, no two Special Invitees shall be from the same field or group of fields.
(2) (a) The Chairperson of the Authority shall be the person of ability, integrity and standing.
(b) The Members of the Authority shall be persons of ability, integrity and standing who have
adequate knowledge of, experience in, and proven capacity in, dealing with problems relating to their
respective fields :
Provided that, the Members and experts men tioned in clauses ( b) to ( f) of sub -section ( 1) of
section 4 shall have minimum educational qualification of bachelor's degree of any recognized
university or institute and experience of not less than twenty years with proven track record in their
respective fields.
(3) The Chairperson or any other Member of the Authority shall not hold any other office of
profit.
(4) No person shall be appointed as the Chairperson or other Member, if he has attained the age
of sixty-seven years.]
3[5. Constitution and Functions of Selection Committee.— (1) The State Government shall, by
notification in the Official Gazette , for the purposes of sub -section ( 5) of section 3, constitute a
Selection Committee, for appointment of the Chairperson and Members consisting of,—
1 Section 3A was inserted by Mah. 8 of 2017, s. 4.
2 This Section was substituted by Mah. 8 of 2017, s. 5.
3 Sub-section (1) was substituted by Mah. 8 of 2017, s. 6 (a).
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(a) The Chief Secretary. ... Ex-officio President.
(b) The Secretary, Water Supply and
Sanitation Department.
… Ex-officio Member.
(c) The Secretary (WRM and CAD),
Water
Resources Department.
… Ex-officio Member.
(d) The Director, Indian Institute of
Technology, Mumbai.
… Ex-officio Member.
(e) One person nominated by the
Government from an eminent
institute.
… Member.
(f) The Secretary (WRP and D), Water
Resources Department.
… Ex-officio Member-
Secretary.]
(2) The Government shall, within one month from the date of occurrence of any vacancy by
reason of death, resignation or removal of the Chairperson or any Member, and six months before the
superannuation or end of tenure of Chairperson or any Member, make a reference to the Selection
Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members within
one month from the date on which the reference is made to it under sub-section (2).
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred
to it.
(5) Before recommending any person for appointment as the Chairperson or other Member of the
Authority, the Selection Committ ee shall satisfy itself that such person does not have any financial or
other interest which is likely to affect prejudicially his functions as a Member.
(6) No appointment of the Chairperson or other Member shall be invalid merely by reason of any
vacancy in the Selection Committee.
1[(7) All relevant details of the complete selection process and its outcome for filling up of the
vacancy of the Chairperson and other Members, shall be published on the website of the Water
Resources Department.]
6. Term of office, salary and allowances an d other conditions of service of Chairperson and
Members of Authority.— 2[(1) The Chairperson and other Members shall hold office for a term of
three years from the date on which he enters upon his office :
Provided that, the Chairperson or the other Membe r may, on the recommendations of the
Selection Committee constituted under sub -section (1) of section 5, be re -appointed but for not more
than two consecutive terms :
Provided further that, no Chairperson or other Member shall hold office after he has attained the
age of seventy years.]
(2) The salary and allowances payable to and the other terms and conditions of service of the
Chairperson and other Members shall be such as may be prescribed.
1 Sub-section (7) was added by Mah. 8 of 2017, s. 6 (b).
2 Sub-section (1) was substituted by Mah. 8 of 2017, s. 7.
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(3) The salary and allowances and other conditions of service o f the Chairperson and other
Members shall not be varied to their disadvantage after appointment.
(4) The Chairperson and every Member shall before entering upon his office make and subscribe
to an oath of office and of secrecy in such form and in such man ner and before such authority as may
be prescribed.
(5) Notwithstanding anything contained in sub -section ( 1), the Chairperson or any Member
may,—
(a) relinquish his office by giving in writing to the Governor notice of not less than three
months; or
(b) be removed from his office in accordance with the provisions of section 7.
(6) The Chairperson or any Member ceasing to hold office as such shall,—
(a) not be eligible for further employment under the Government of Maharashtra for a
period of two years from the date he ceases to hold such office;
(b) not accept any commercial employment for a period of two years from the date he ceases
to hold such office.
Explanation.— For the purposes of this sub-section,—
(i) "employment under the Government" includ es, employment under any local or other
authority within the territory of Maharashtra or under the control of the Government or under any
corporation or society owned or controlled by the Government.
(ii) "commercial employment" means employment in any ca pacity under, or agency of, a
person engaged in trading, commercial, industrial or financial business in the Water Resources
Sector and also includes a director of a company or partner of a firm and also includes setting up
practice either independently or as partner of a firm or as an advisor or a consultant.
7. Removal of Member. — (1) Subject to the provisions of sub -section (3), any Member of the
Authority shall be removed from his office by order of the Governor on the ground of proved
misbehaviour after the State Government, has, on an inquiry, held in accordance with the procedure
prescribed in this behalf, reported that the Member, ought on any such ground to be removed.
(2) The Governor may, during the period of inquiry as specified in sub -section (1), against any
Member, suspend such Member of the Authority.
(3) Notwithstanding anything contained in sub -section (1), the Governor may, by order, remove
from office, the Chairperson or any other Member, if the Chairperson or such other Member, as the
case may be —
(a) has been adjudged as insolvent; or
(b) has been convicted of an offence which, in the opinion of the Government involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as Chairperson or Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his
function as the Chairperson or Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(4) Notwithstanding anything contained in sub-section (3), no Member shall be removed from his
office on the ground specified in clause ( d) or clause ( e), unless the Government has, on an inquiry,
held by it in accordance with such procedure as prescribed in this behalf by the Government reported
that the Member ought on such ground or grounds to be removed.
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8. Power of Government to depute officers and employees to Authority and their service
conditions.— (1) The Authority may, appoint a Secretary to exercise such powers and pe rform such
duties under the control of the Chairperson and as may be specified by regulations.
(2) The Authority may, with the prior approval of the Government, appoint such number of
officers and employees as it considers necessary for the performance of its duties and functions.
(3) The salaries and allowances payable to, and other conditions of service of the Secretary,
officers and employees shall be such as may be determined by regulations.
(4) The Government may, in consultation with the Authority, appoint any Government officer or
employee on deputation to the Authority.
(5) The period of deputation of any such officer or employee to the Authority shall be five years
except when any such person is required to be repatriated on the grounds, such as promotion, reversion,
termination or superannuation or any other reason of deputation, he shall stand repatriated to service
under the State Government:
Provided that, during the period of such dep utation all matters relating to the pay, leave,
allowances, retirement, pension, provident fund and other conditions of service of the employees on
deputation shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from
time to time, be made by the State Government.
(6) No officer or employee on deputation to the Authority shall be entitled to any deputation
allowance.
(7) The salaries and allowances of officers or employees on deputation to the Authority shall be
paid by the Authority.
(8) Save as otherwise provided in this section, the terms and conditions of services of employees
on deputation to the Authority shall not be less advantageous than those applicable to them
immediately before deputation and shall not be varied to their disad vantage except with the previous
sanction of the State Government.
(9) The Authority may appoint consultants required to assist the Authority in the discharge of its
functions on such terms and conditions as may be determined by regulations.
9. Proceeding s of Authority. — (1) The Authority shall meet at the head office or any of its
offices at such time as the Chairperson may direct and shall observe such rules of procedure in regard
to the transaction of business at its meetings (including the quorum at it s meetings) as may be
determined by regulations.
(2) The Chairperson or if he is unable to attend a meeting of the Authority, any other Member
nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is
no Chairperson, any Member chosen by the Members present from among themselves, shall preside at
the meeting.
(3) All questions come up before any meeting of the Authority shall be decided by a majority of
votes of the Members present and voting, and in the event of an equality of votes, the Chairperson or
the person presiding shall have the right to exercise a second or casting vote.
(4) Save as otherwise provided in sub-section (3), every Member shall have one vote.
(5) All orders and decisions of the Authority sh all be authenticated by the Secretary or any other
officer of the Authority duly authorised by the Chairperson in this behalf.
10. Vacancies, etc., not to invalidate act or proceedings. — No act or proceedings of the
Authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy
or defect in the constitution of the Authority.
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CHAPTER III
POWERS, FUNCTIONS AND DUTIES OF THE AUTHORITY
11. Powers, functions and duties of Authority. — The Authority shall exercise the following
powers and perform the following functions, namely :—
1[(a) to determine the criteria for the distribution of Entitlements by the River Basin
Agencies, within each Category of Use, on such terms and conditions as may be prescribed, after
sectoral allocation is made under section 16A;]
(b) to enforce the decisions or orders issued under this Act;
(c) to determine the priority of equitable distribution of water available at the water resource
project, sub-basin and river basin levels during periods of scarcity;
(d) to establish a water tariff system, and to fix th e criteria for water charges at sub -basin,
river basin and State level after ascertaining the views of the beneficiary public, based on the
principle that the water charges shall reflect the full recovery of the cost of the irrigation
management, administration, operation and maintenance of water resource project;
(e) to administer and manage inter -state water resources apportionment on river systems, of
the State;
(f) to review and clear water resources projects proposed at the sub -basin and river basin
level to ensure that a proposal is in conformity with integrated State Water Plan and also with
regard to the economic, hydrologic and environmental viability and where relevant, on the State's
obligations under Tribunals, Agreements, or Decrees involving inter-state Entitlements :
Provided that, while clearing the new water resources projects by the concerned for
construction proposed by River Basin Agencies, the Authority shall ensure that Governor's
Directives issued from time to time, relating to invest ment priority for removal of regional
imbalance are strictly observed :
Provided further that, in respect of the projects situated in Marathwada and Vidarbha
Regions, the powers to accord administrative approval, or revised administrative approval under
this clause, shall in accordance with the Governor's directives, be exercised by the concerned
River Basin Agency;
(g) to lay down the criteria and monitor the issuance of Entitlements. These criteria among
others shall also include the following,—
(i) the Entitlements shall be issued by River Basin Agency based on the Category of
Use and subject to the priority assigned to such use under the State Water Policy;
(ii) Bulk Water Entitlements shall be issued by the River Basin Agency for irrigation
water supply, rural water supply, municipal water supply or industrial water supply to the
relevant Water User Entities including Municipalities, Water User's Associations, Industrial
Users and State agencies responsible for delivery to the respective sector or to a sub-surface
Water User's Association or entity that operates a well field of multiple sub -surface water,
tube wells, bore wells or other wells on behalf of multiple users;
(iii) Bulk Water Entitlements for irrigation, shall be issued by River Basin Agenc y, to
the Water User's Associations at the primary unit level, Distributary level and Canal or
Project level Associations and River Basin Agencies shall not receive Entitlements but shall
act as conveyance entities for the Entitlements issued to the Water User's Associations;
(iv) Water User Entities including Water User's Associations managing the aggregate
of Entitlements on behalf of a group of Entitlement holders may be issued an Aggregate
Bulk Entitlement;
1 Clause (a) was substituted by Mah. 21 of 2011, s. 3 (1).
2005 : Mah. XVIII] The Maharashtra Water Resources 13
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(v) Individual Water Entitlements may be iss ued by River Basin Agency only for the
construction and operation of individual lift irrigation schemes from surface water sources,
bore wells, tube wells or other facilities for extraction of sub -surface water. Such
Entitlements shall be administered, reg istered, measured and monitored by the respective
River Basin Agency in close co-ordination with relevant Government agencies. Where such
facilities extract water from alluvial aquifers that are conjunctive with the surface water of a
basin, the issuance a nd operation of such Entitlements shall be conjunctively co -ordinated
with the use and yield of surface water resources of the basin and shall be compatible with
the overall water -resource plan of the local area and the respective river bas in and the
sustainable use of the subsurface water resources;
(vi) Bulk Water Entitlements shall be for a specific proportion of flow, storage or other
determination of the annual yield of a water resource or facility and the Entitlement shall be
measured volumetrically and with respect to time of delivery and flow rate of delivery;
(vii) the allocation of a percentage of the water available under the Entitlements of
each facility, in the drainage basin or river basin shall be determined jointly by the River
Basin Agenci es and Water User Entities based upon the hydrology and other relevant
parameters with regard to the specific basin. This allocation shall be utilised for the
determination of the amount of water to be made available under each Entitlement for that
specific year or runoff season;
(h) to lay down the criteria for modification in Entitlements for the diversion, storage and
use of the surface and sub -surface waters of the State. These criteria shall amon g others, include
the following:—
(i) Aggregate Bulk Water Entitlements will be considered as Bulk Water Entitlements
under the provisions of this Act except that they shall not be a usufructuary right and will
only be adjusted by the Authority if there is a compensating change, under the provisions of
this Act , to any component Bulk Water Entitlement that comprise part of the Aggregate
Bulk Water Entitlement;
(ii) in the event that any Water User Entity wishes to use its category priority to
mandate a change in the use or volume of any Entitlement, that entity shall demonstrate in a
public hearing before the Authority, that it has exhausted all attempts to conserve, increase
efficiency and manage its demand of water within its, Entitlement and has exhausted all
opportunities to increase its Entitlement through a transfer within the voluntary, market
based economy. If, after such a public hearing, the Authority deems such a mandated
transfer, on either an annual or permanent basis, to be legal and necessary in the interest of
the people of the State, the Authority shall then determine a fair and just compensation as
determined by the market value of the water resource, to be paid to the Entitlement holder
by the entity exercising the mandated user category preference;
(i) to fix the criteria for trading of water E ntitlements or Quotas on the annual or seasonal
basis by a water Entitlement holder. These criteria shall among others, include the following,—
(i) Entitlements, except Aggregate Bulk Water Entitlements are deemed to be
usufructuary rights which may be transferred, bartered, bought or sold on annual or seasonal
basis within a market system and as regulated and controlled by the Authority as established
in the rules of the Authority;
(ii) Quotas of water determined by the seasonal or annual allocation assig ned to an
Entitlement shall be volumetric usufructuary rights which may be transferred, bartered,
bought or sold on an annual or seasonal basis within a market system as established and
controlled by the rules of the Authority;
(iii) Bulk Water Entitlements or Quotas shall be transferable within the respective
category of use as long as such transfers are compatible with the operation of the specific
water resource facilities involved. Such annual transfers shall be managed and regis tered
with the respective River Basin Agency which shall have the power to approve or deny such
proposed transfers if they are incompatible with the operation of the facility or would
14 The Maharashtra Water Resources [2005 : Mah. XVIII
Regulatory Authority Act, 2005
damage the Entitlements or rights of other users within the system. The River Basin Agency
may charge a nominal fee for the processing and registering such transfer but shall not
participate in any compensation between Entitlement holders as a part of such transfer.
(j) Entitlement may be subject to review at intervals of not less than three years and then
only if warranted by concerns about, the sustainability of the level of allocation;
(k) Bulk Water Entitlements shall be registered by the River Basin Agency and shall be
monitored by the Authority or its duly delegated competent representative;
(l) permanent transfer of Entitlements shall only be made with the approval of the respective
River Basin Agency and the Authority and in compliance with the rules of the Authority
promulgated for this purpose. All approved transf ers shall be entered into the registry of
Entitlements of the Authority;
(m) in the event of water scarcity, the Authority, in compliance with its policy and rules for
allocating such scarcity, shall adjust the quantities of water to be made available to all
Entitlements and shall permit the temporary transfer of Water Entitlements between users and
Categories of Users in accordance with the approval of the River Basin Agencies;
1 * * * *
2[(o) to establish a system of enforcement of the Entitlements iss ued by the concerned River
Basin Agency to various Categories of Use and its regulation, through measurement and
monitoring, with a view to ensure that the actual use of water, both in quantity and type of use,
are in compliance with the Entitlements issued;]
(p) to administer the use and Entitlement of water resources within the State in a manner
consistent with the State Water Policy to ensure the compliance o f the obligation of State with
regard to the apportionment of inter-state waters between the State and other States;
(q) to promote efficient use of water and to minimize the wastage of water and to fix
reasonable use criteria for each Category of Use;
(r) to determine and ensure that cross -subsidies between Categories of Use, if any, being
given b y the Government are totally offset by stable funding from such cross -subsidies or
Government payments to assure that the sustainable operation and maintenance of the water
management and delivery systems within the State are not jeopardised in any way;
(s) to develop the State Water Entitlement data base that shall clearly record all Entitlements
issued for the use of water within the State, any transfers of Entitlements and a record of
deliveries and uses made as a result of those Entitlements;
(t) to facilitate and ensure development, maintenance and dissemination, of a comprehensive
hydro-meteorological information data base in co-operation with the River Basin Agencies;
(u) the Authority shall review and revise, the water charges after every three years;
(v) The Authority may ensure that the Irrigation Status Report is published by the
Government every year. Such report shall contain all statistical data relating to irrigation
including details in respect of district-wise irrigation potential created and its actual utilisation;
(w) such other powers, functions and duties as may be prescribed.
12. General policies of the Authority. — (1) The Authority shall work according to the
framework of the State Water Policy.
(2) The Authority shall, recognise the policy of empowering River Basin Agencies in accordance
with the State Water Policy.
(3) The Authority shall, in accordance with the State Water Policy, co -ordinate with all relevant
State agencies to implement a comprehensive hydro-meteorological data system for the State.
1 Clause (n) was deleted by Mah. 21 of 2011 , s. 3 (2).
2 Clause (o) was substituted by Mah. 21 of 2011, s. 3 (3).
2005 : Mah. XVIII] The Maharashtra Water Resources 15
Regulatory Authority Act, 2005
(4) The Authority shall, in accordance with State Water Policy, promote and implement sound
water conservation and management practices throughout the State.
(5) The Authority shall support and aid the enhancement, and preservation of water quality within
the State in close co -ordination with the relevant State agencies and in doing so the principle that 'the
person who pollutes shall pay' shall be follow.
(6) The Authority shall fix the Quota at p roject level, sub-basin level, basin level on the basi s of
the following principles :—
(a) for equitable distribution of water in the command area of the project, every landholder
in the command area shall be given Quota;
(b) the Quota shall be fixed on the basis of the land in the command area :
Provided that, during the water scarcity period each landholder shall, as far as possible, be
given Quota adequate to irrigate at least one Acre of land;
(c) in order to share the distress in the river basin or sub-basin equitably, the water stored in
the reservoirs in the basin or sub -basin, as the case may be, shall be controlled by the end of
October every year in such way that, the percentage of utilizable water, including Kharif use,
shall, for all reservoirs approximately be the same;
(d) subject to the condition of efficient use of water, the existing private sector lift irrigation
management schemes shall be allowed to continue for a period of five years from the date of
commencement of this Act and thereafter on the date that may be specified by the Government
the provisions of sub-section (4) of section 14 shall apply :
Provided that, having regard to geographical conditions, different dates may be notified for
different areas;
(e) the command area of private lift Irrigation schemes, existing on the date of
commencement of this Act, shall be treated at par with the notified command area of the
irrigation projects.
(7) The Authority shall ensure that the principle of "tail to hea d" irrigation is implemented by the
River Basin Agency.
(8) The Authority shall abide by the relevant provisions of the Maharashtra Ground Water
Regulation (Drinking Water Purposes) Act, 1993 (Mah. XXVIII of 1993).
(9) The Authority shall while framing p olicy, give preference to the projects so that, the physical
backlog forming the basis of the financial backlog be eradicated in accordance with the Governor's
directives.
(10) (a) The Authority shall strive to make the water available to the drought prone areas of the
State;
(b) The Authority shall ensure that, the funds made available to a drought prone district are spent
preferably in the areas, where irrigation facilities are less than the other areas of that district.
(11) Notwithstanding anything contained in this Act, a person having more than two children
shall be required to pay one and half times of the normal rates of water charges fixe d under clause (d)
of section 11 to get entitlement of water for the purpose of agriculture :
Provided that, a person having more than two children on the date of commencement of this Act,
shall not be required to pay such one and half times water charges so long as the number of children he
had on such date of commencement does not increase :
Provided further that, a child or more than one child born in a single delivery within the period of
one year from such date of commencement, shall not be taken into consideration for the purpose of this
sub-section.
Explanation.—For the purposes of this sub-section,—
16 The Maharashtra Water Resources [2005 : Mah. XVIII
Regulatory Authority Act, 2005
(a) Where a couple has only one child on or after the date of such commence ment, any
number of children born out of a single subsequent delivery shall be deemed to be one entity;
(b) "child" does not include an adopted child or children.
13. Powers of Authority and Dispute Resolution Officer. — The Authority and the Dispute
Resolution Officer shall for the purposes of making any inquiry or initiating any proceedings under this
Act, have the powers as are vested in a ciExcerpt shown. Open the full act in Lexace.