Although Mumbai has sufficient groundwater, experts opine that it is depleting at a fast rate due to rapid urbanisation and massive construction projects. There’s also a lack of clear groundwater regulations and systematic records of private borewells and dug wells.
This guide provides a comprehensive overview of the rules, processes, and penalties associated with digging a borewell and extracting groundwater in Mumbai.
Getting permission for groundwater extraction
What are the rules for digging a borewell and extracting groundwater in Mumbai?
In Mumbai, borewell digging and groundwater management are regulated under the Maharashtra Groundwater (Development and Management) Act 2009. According to guidelines laid down under the Act, borewells must,
- Be located away from septic tanks, industrial zones, and agricultural fields using chemical fertilisers, for domestic use.
- Follow specific construction standards and sanitary guidelines to prevent contamination.
How to apply for permission to dig a borewell and extract groundwater in Mumbai?
All new borewells in Mumbai require permission from the Maharashtra Groundwater Survey and Development Agency (MGSDA) for domestic and industrial groundwater extraction. If the groundwater is used for non-potable purposes, the users must get permission from the Brihanmumbai Municipal Corporation (BMC), which will issue a No Objection Certificate (NOC).
To ensure compliance, it’s best to check with both agencies before digging a borewell. The Central Ground Water Authority (CGWA) also plays a role in certain situations, particularly in areas where the extraction could affect larger water bodies or public water supplies.
What is a notified area?
A notified area is a region where groundwater extraction is strictly regulated due to over-exploitation or depletion. In these areas, permission is required for activities like drilling new borewells or extracting groundwater, and restrictions are enforced to prevent further depletion.
How do I extract groundwater for domestic purposes?
If you’re a single residential user (individual house), permission is not required unless you’re digging a new borewell or the location is in a notified area. If you are in a housing society, apartment complex, or planning a new borewell, you must apply to the BMC and MGSDA for approval. Additionally, you cannot dig a well within 500 metres of an existing public drinking water source.
- Apply for MGSDA permit: On a form available at the MGSDA office (Konkan region) or on their website.
- Obtain permission from BMC: Submit an application to the Pest Control Officer (PCO) of your respective ward. Additionally, provide an undertaking on a ₹200 stamp paper, affirming compliance with all relevant regulations and accepting responsibility for any damages or issues arising from the borewell.
- Conduct a borewell site survey: Get a qualified geologist or hydrogeologist to perform a physical survey of the proposed site to assess groundwater availability and ensure the selected location is suitable for borewell drilling.
- Adhere to safety and distance regulations: Ensure the borewell is located at a safe distance from existing structures, underground utilities, and potential sources of contamination and away from public drinking water sources.
- Post-drilling requirements: After drilling, test the water quality to confirm its suitability for domestic use and implement a maintenance schedule.
Documents required:
- Proof of property ownership or occupancy, like property tax receipt, sale deed or registered rent/lease agreement.
- Site plan
- Water usage details
- Rainwater harvesting/recharge plan (as per BMC rules)
- Proof of identity and address
- No Objection Certificate (NOC) or Consent (if applicable)
All existing borewells must register with the MGSDA and BMC.
Read more: Mumbai: Will you be affected by the proposed new water charges in BMC’s budget?
Status of a notified area
When an area is notified under sub-section (1), the authority will form a Watershed Water Resources Committee under Section 29 of the Act to manage groundwater use and development in the area. If the authority finds that groundwater availability and quality have improved in a notified area, it will consult the GSDA and expert bodies like CGWA before de-notifying the area.
Regulations for domestic groundwater extraction in notified areas:
- The State Groundwater Authority instructs the District Authority to completely ban groundwater pumping from deep wells (60 metres or more) in notified areas.
- No one is allowed to sell groundwater in a notified area without prior permission from the District Authority.
- The State Government will instruct relevant authorities to create a future Crop Plan based on the Groundwater Use Plan in notified areas.
- Deep-well users in notified areas must follow the Groundwater Use Plan and Crop Plan (to ensure sustainable groundwater extraction) under Section 10, and the State Government will impose a cess on them until these plans are officially notified.
- If an existing well in a notified or non-notified area is harming a public drinking water source, the District Authority may temporarily ban water extraction from that well.
- No one can dig a well in a notified area without prior approval from the Watershed Water Resources Committee. Applicants must apply to the committee, which will inform them of the approval or rejection within 45 days.
The Groundwater Use Plan is a regulatory framework established under the 2009 Act. This plan aims to ensure the sustainable utilisation of groundwater resources, particularly in areas identified as “notified” due to concerns like depletion or contamination. In these regions, specific restrictions are imposed, such as prohibiting the pumping of wells deeper than 60 metres.
The Crop Plan serves as a strategic framework to guide agricultural practices in a manner that supports the sustainable management of groundwater resources. This plan is developed alongside the Groundwater Use Plan to ensure that agricultural practices align with the availability of groundwater, thereby preventing further depletion and promoting sustainability.
The Watershed Water Resources Committee (WWRC) is a pivotal entity established under Section 29 of the Act. Its primary role is to promote and regulate the sustainable development and management of groundwater resources within designated notified areas.
How do I extract groundwater for commercial purposes?
- Apply for permission from GSDA: Submit the application to the GSDA office in Konkan region. The documents needed are the same as those required for domestic groundwater extraction.
- Site inspection by GSDA: GSDA will conduct a site inspection to verify the location and feasibility of groundwater extraction. If the site is in a critical zone, CGWA’s involvement will be required.
- NOC from CGWA: Submit your application to CGWA (Ministry of Jal Shakti, Government of India), either online or via the regional CGWA office. Details of purpose of groundwater use, site plan, water meter installation, ownership proof, and environmental impact assessment required to fill the application.
- Compliance with BMC: Application for approval, undertaking, and proof of rainwater harvesting plan to be submitted to the PCO.
- Hire a licensed borewell contractor: After obtaining necessary approvals from BMC and GSDA, hire a licensed contractor to drill the borewell in compliance with the GSDA-approved depth and location.
- Water quality testing: Before using the water for industrial or commercial purposes, test the water quality to ensure it’s safe for the intended use. BMC’s Public Health Department or a NABL-accredited lab can carry out this testing.
- Annual compliance reporting: GSDA and CGWA may require annual reports on the volume of groundwater extracted, along with water meter readings and environmental impact assessments.
Offences and penalties
Anyone who violates this Act, its rules, or obstructs authorities like the State Groundwater Authority, District Authority, or other designated bodies will face the following penalties upon conviction:
- First offence: A fine of up to Rs 10,000.
- Repeat offences: Up to six months in jail, a fine of up to Rs 25,000, or both.