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Picture Courtesy:  DOWNTOEARTH.

Context

Authorities in Uttar Pradesh have issued a notice to a Microsoft project in Greater Noida for allegedly extracting groundwater without the legally required permissions.

What is Unauthorized Groundwater Extraction?

Unauthorized Groundwater Extraction refers to the withdrawal of groundwater without a valid No Objection Certificate (NOC) from the Central Ground Water Authority (CGWA) or relevant State Ground Water Authorities.

Under the Environment (Protection) Act, 1986, extracting groundwater for commercial or industrial use without authorization is considered a criminal offense. 

• Mandatory Permissions: Most industrial, infrastructure, and mining projects must obtain an NOC before beginning extraction.
• Exemptions: Certain categories are generally exempt from seeking an NOC, including:
• Individual domestic consumers for drinking and daily use.
• Rural drinking water supply schemes.
• Agricultural activities.
• Micro and small enterprises drawing less than 10 cubic meters per day. 

Regulatory bodies like the National Green Tribunal (NGT) have mandated strict enforcement to prevent rapid water table depletion. 

• Environmental Compensation (EC): Violators are liable to pay compensation based on the quantum of water extracted illegally. Rates can reach ₹1 lakh or more per day for large industrial violators.
• Fines and Sealing: Authorities have the power to seal illegal borewells and impose fines ranging from ₹50,000 to over ₹10 lakh, depending on the severity and state-specific laws.
• Criminal Prosecution: In some jurisdictions, such as Tamil Nadu, illegal extraction has been likened to "theft" of national assets, punishable under the Indian Penal Code (IPC). 

Latest Assessment of Groundwater Resources

The National Compilation on Dynamic Ground Water Resources of India, 2025, published by the Ministry of Jal Shakti, provides the most recent data on the status of groundwater units (Blocks/Talukas/Mandals).

Root Causes of Over-Extraction

Demand-Side Pressures

Agricultural Dependence

Agriculture accounts for nearly 90% of groundwater extraction, driven by policies like MSP that incentivize water-intensive crops such as paddy and sugarcane, particularly in states like Punjab and Haryana.

Urbanization & Industrialization

Rapid urban growth and industrial expansion create concentrated pockets of high water demand, leading industries and real estate projects to depend on unauthorized extraction to bypass regulatory delays and costs.

Population Growth

Increasing population directly translates to higher demand for drinking water and food, putting immense pressure on groundwater reserves.

Governance and Policy Gaps

Outdated Legal Framework

The Indian Easement Act of 1882 grants private groundwater ownership linked to land, hindering state regulation and leading to overexploitation. 

Weak Enforcement

Understaffed Central Ground Water Authority (CGWA) and state bodies lack resources for effective monitoring and enforcement, resulting in widespread non-compliance.

Perverse Subsidies

Free/subsidized agricultural electricity leads to excessive water pumping, depleting aquifers and increasing power use.

Lack of Data & Monitoring

The lack of real-time aquifer data and extraction monitoring hinders the implementation of targeted water conservation.

Impacts of Depletion

Environmental Consequences

Declining Water Tables: Millions of wells have dried up, forcing farmers to drill deeper, which increases pumping costs and energy consumption.

Land Subsidence: Over-extraction in alluvial regions causes the land to sink, damaging infrastructure like buildings, roads, and bridges.

Water Quality Degradation: Deeper aquifers often have higher concentrations of contaminants like arsenic and fluoride, leading to severe public health crises. In coastal areas, it results in saltwater intrusion, rendering aquifers unusable.

Ecological Damage: Depletion of groundwater affects wetlands, rivers, and ecosystems that depend on groundwater for sustenance.

Socio-Economic Consequences

Agrarian Distress: Increased costs of pumping, crop failures due to water scarcity, and falling productivity push small and marginal farmers into debt and poverty.

Drinking Water Scarcity: It disproportionately affects marginalized communities who cannot afford to dig deeper wells or buy water from tankers, exacerbating social inequity.

Health Crises: Water-borne diseases and health issues like fluorosis and arsenicosis increase the burden on public health infrastructure.

Inter-state and Intra-state Conflicts: Scarcity often leads to conflicts over shared water resources between communities and states. 

Government Initiatives

Way Forward

Strengthening Governance and Regulation

Unified National Law: Enact a robust and uniform national law that delinks water rights from land ownership and establishes groundwater as a public trust resource.

Empowering Local Bodies: Devolve power for groundwater management to local self-governments (Panchayats and Urban Local Bodies) as they are best positioned to regulate local resources.

Technology for Monitoring: Use modern technology like GIS, remote sensing, and smart meters for real-time mapping, monitoring of extraction, and ensuring compliance.

Demand-Side Management (DSM)

Promoting Water-Efficient Agriculture: Shift from 'Per Drop More Crop' to a broader strategy that includes promoting less water-intensive crops (e.g., millets), micro-irrigation (drip and sprinkler), and reforming MSP and electricity subsidy policies.

Industrial Water Efficiency: Mandate and incentivize water audits, recycling, reuse, and Zero Liquid Discharge (ZLD) technologies for industries.

Supply-Side Augmentation

Managed Aquifer Recharge (MAR): Implement large-scale scientific rainwater harvesting and artificial recharge projects to replenish depleted aquifers. The Jal Shakti Abhiyan: Catch the Rain campaign is a key initiative in this direction.

Reviving Traditional Systems: Integrate and revive traditional water conservation structures like johads, talabs, and step-wells into modern water management plans.

Community Participation 

Community-Led Management: Schemes like the Atal Bhujal Yojana focus on empowering local communities in 7 water-stressed states to prepare and implement water security plans.

Public Awareness: Promote a culture of water conservation through extensive awareness campaigns, making 'water-wise' behaviour a societal norm.

Conclusion

Unauthorized groundwater extraction demands a shift to integrated management through a robust legal framework, strict enforcement, technology, demand management, and community participation, acknowledging groundwater as a vital shared public resource.

Source: DOWNTOEARTH.