How to Obtain CGWA NOC for Infrastructure Projects

Enterclimate

07 Sep, 2022

Although water falls under the state list, groundwater abstraction is regulated at both the Central and State levels. In 2020, the Department of Water Resources, River Development & Ganga Rejuvenation notified the guidelines to regulate and control groundwater extraction in India, subduing its 2018 notification. Central Ground Water Authority (CGWA) was constituted in 1997 under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986. The authority has been vested with responsibility for regulating the development and management of groundwater in the country. Another vital responsibility fulfilled by the authority is to issue CGWA NOC for Infrastructure Projects.

As per the latest notification, the Central Ground Water Authority has the power to regulate and manage in twenty-two states and two union territories, where their respective government is not regulating groundwater development. CGWA regulates this development and management of groundwater by issuing No Objection Certificates (NOC) for groundwater extraction to industries, infrastructure projects, mining projects etc. NOCs for the abstraction of saline groundwater is also issued by the authority separately. In this article, we will focus on the process of obtaining CGWA NOC for Infrastructure Projects. Infrastructure projects are establishments undertaken by private or public entities and can fall into the following categories –

• Sewage Treatment Plants and Effluent Treatment Plants
• Corporate Office Buildings
• Petroleum Retail Outlet
• Hospitals
• Nursing Home
• Educational Institutions
• Schools and Colleges
• Restaurants, Dhabas and Hotels
• Shopping Malls, Multiplexes, Theme Park, Swimming Pool
• Clubs, Housing Societies, Sports Complexes
• Metro Projects
• Special Economic Zones
• Airports and Ports and Railway Stations Projects
• Power Grid Station, Power Station

Role of CGWA

All infrastructure projects, mining projects and new and existing industries, or those which seek expansion and need to abstract groundwater, are required to obtain a CGWA NOC for Infrastructure Projects or NOC from the concerned State/UT Ground Water Authority unless exempted explicitly under Para 1.0 of the 2020 notification. Restoration and extraction charges apply to groundwater withdrawal and have pan-India applicability. Necessary conditions for implementation by the proponent are laid down in the NOC issued by CGWA. The CGWA also ensures that the entities covered under the Water Abstraction Guidelines obtain NOC before the extraction except in the following circumstances –

• Individual domestic consumers need it for drinking and domestic uses.
• Drinking water supply schemes in rural India.
• Armed Forces Establishments and CAPF Establishments^[1].
• Agricultural activities
• Micro and small-level Enterprises drawing ground water less than ten cum/day

Prerequisites for CGWA NOC for Infrastructure Projects

• CGWA NOC for Infrastructure Projects is granted only when the local government cannot supply the desired quantity of water.
• No new major industries are granted a No Objection Certificate in over-exploited assessment areas except as per the policy guidelines.
• No Objection Certificate is not given to new packaged water industries in overexploited areas, even if they belong to the MSME category.
• Availability of groundwater is given priority while considering applications for grant of No Objection Certificate for commercial use.
• Industries drawing groundwater in safe, semi-critical and critical assessment units must pay groundwater abstraction charges.
• Commercial entities extracting groundwater must submit an online annual water audit report, including a water use audit. CGWA/ State Ground Water Authority (SGWA) is responsible for publishing all such audit reports online.
• Proponents are liable to pay groundwater abstraction charges for the quantum of groundwater proposed to be extracted, as per rates decided by the authority at the time of applying for CGWA NOC for infrastructure projects.

Prerequisites for Abstracting Saline Groundwater

Procedure for Application

The CGWA maintains an online portal for filling out an application form for industry, infrastructure and mining purposes. For new applications, applicants seeking to obtain CGWA NOC for Infrastructure Projects must register on the portal by providing the required details in the user registration form. In the subsequent stages, the applicant has to upload the required document under respective tabs. Finally, a preview of the form appears where the person has to sign, put the seal and upload the scanned PDF of the form on the “Application with signature and seal” tab.

After the final submission of the online form, an application number will be generated. Application, once submitted, cannot be edited. So, one must be careful while applying. This application will be forwarded to the respective offices automatically. There is no need to send a hard copy of the application to obtain CGWA NOC for infrastructure projects.

Documents required for CGWA NOC

For obtaining CGWA NOC for infrastructure projects, the following documents are required –

Validity of CGWA NOC for infrastructure projects

The No Objection Certificate shall be valid for five years from the date of issue or until the local Government water supply is provided to the project area, whichever is earlier.

Conditions leading to a financial penalty after obtaining CGWA NOC for infrastructure projects

In the following cases, the infrastructure proponent will be liable to pay a financial penalty.

• Non-installation/faulty digital water flow meter with a telemetry system
• Non-disclosure/ construction of additional groundwater abstraction structures
• Non-disclosure/ construction of additional groundwater abstraction structures
• Reporting of freshwater zones as Brackish / Saline zones in application    
• Non-installation of piezometer
• Non-installation/faulty DWLR/Telemetry system
• Non-construction/inadequate capacity of recharge / water conservation structures       
• Non-maintenance of recharge structures
• Injection of treated/untreated water into the aquifer system
• Non-submission of the water level/water quality data
• Non-maintenance of log book of daily withdrawal/non-submission of groundwater abstraction data
• Non-submission of the photograph of recharge structure(s)
• Non-submission of Self-Compliance Report      
• Construction of groundwater abstraction structures by unauthorised/unregistered drilling rigs (per structure)
• Non-registration of water supply tankers
• Non-registration of drilling rigs

Conclusion

CGWA NOC for infrastructure projects plays a crucial role in groundwater management in the country. Apart from keeping a check on water abstraction, the CGWA, through the NOC, can ensure that entities file water audits through certified auditors. Also, non-compliance with NOC conditions can lead to a penalty between Rs 50,000 and Rs 10 lakh. Groundwater abstraction for commercial use without a valid NOC is considered illegal. Thus, the proponent is liable to pay environmental compensation for the quantum of groundwater so extracted. Therefore, this NOC by CGWA becomes quite essential.

Read our Article: Procedure for obtaining CGWA NOC for Industrial Use