Before aquifers go dry...

When the water resources ministry in New Delhi asked the states to enact laws for regulating the exploitation of groundwater, on the lines of the model Bill that was circulated to them, no one expected all states to respond favourably. Nevertheless, the kind of hostile reactions that the move has elicited from many states was certainly not anticipated. While Punjab, Haryana and Madhya Pradesh have categorically rejected the proposal, several other states have expressed their reluctance to legislate on the proposed lines, citing various problems. Even the few states (Tamil Nadu, Kerala, Andhra Pradesh and West Bengal) which have put new laws in place have done so by changing the model Bill's clauses in accordance with local conditions.

The Centre's model Bill provided for the creation of groundwater regulatory authorities at the state level, with the Central Ground Water Board's nominees being represented on them, the intention being to identify the areas where groundwater has been depleted to critical levels so as to control further digging of wells and other means of water extraction. The states, it turns out, are not keen to ban the digging of wells or curb water extraction from the existing wells, considering the importance of groundwater for agriculture, industry and domestic use. Politically, such a step would be difficult to take and could even be suicidal for a politician.

The pitch has now been queered by the Planning Commission's deputy chairman, Montek Singh Ahluwalia, finding fault with the model Bill itself. His contention, endorsed by some states, is that the very idea of regulating the tapping of groundwater is contrary to the spirit of the existing Indian Easement Act, 1882, which grants the owner of a piece of land unlimited rights over the water underneath it. However, several water experts argue that this is a misinterpretation of the law, which confers ownership rights only over that water which does not pass in a defined channel. In other words, water extraction should not adversely affect its availability to neighbouring users.

Such legal niceties apart, the hard reality is that groundwater withdrawal cannot be allowed to remain unregulated in view of the growing scarcity of this resource. Over 428 blocks in some 38 districts of different states are already in the critical category as their groundwater draft exceeds the annual recharge. About 15 per cent of the country's food is believed to be produced by "mining" water from non-renewable aquifers in states like Punjab and Haryana. As a result, the country's overall water balance has turned precarious and the situation is heading towards the stage when demand will exceed availability. What needs to be borne in mind is that the annual recharge of groundwater is diminishing because of the rampant destruction of vegetation and the rapid increase in built-up areas where concrete covers the land surface. The only solution is to bring the drawing of groundwater in line with the rate of recharge. This may be a difficult task but it is essential that it be addressed. Building a partnership between the users of groundwater and the government, through the formation of groundwater users' bodies, may be more effective in enforcing discipline when it comes to the business of water exploitation being made consistent with the sustainable yields from an aquifer.