CGWAs Original Public Notice
CGWAs Original Public Notice
PUBLIC NOTICE
New Delhi, Dated 17th June, 2021
And whereas the Authority has issued ‘Guidelines to control and regulate
ground water extraction in India’ vide notification number 3289(E) dated 24th
September, 2020.
And whereas the Authority has issued Public Notice dated 26.10.2020 stating
that all existing users, except exempted categories, who have submitted their
applications for NOC after 30.06.2020 and before 24.09.2020 shall be liable to
pay penalty of Rs. 1 lakh under Section 15 of Environment (Protection) Act,
1986, and those who have applied after 24.09.2020 shall be liable to pay
Environmental Compensation (EC) w.e.f. 24.09.2020 till date of submission of
application.
And whereas the said Guidelines provide under Section 9 (i) that “Installation
of digital water flow meter (conforming to BIS/ IS standards) having telemetry
system in the abstraction structure(s) shall be mandatory for all users seeking
No Objection Certificate and intimation regarding their installation shall be
communicated to the CGWA within 30 days of grant of No Objection
Certificate through the web-portal.”
And whereas the Authority has issued Public Notice dated 08.01.2021 stating
that any ground water withdrawal without the installation of tamper-proof
digital water flow meters and telemetry (wherever applicable) shall be
construed as illegal.
And whereas the Authority has issued Public Notices dated 26.10.2020,
08.01.2021 and 27.01.2021 wherein the concerned project proponents were
informed to mandatorily submit Impact Assessment Report/ comprehensive
Hydro-geological Report/ Water Audit Report by a specified date and the late
submission of Impact Assessment Report/ comprehensive Hydro-geological
Report were subjected to the payment of Environmental Compensation as per
CGWA Guidelines, calculated from 01.01.2021 till the date of submission of
the report.
1. Applications for fresh/ renewal of NOC by the existing users which have
been rejected on grounds of either non-submission of required
documents or non fulfilment of various documents/criteria, shall be
given a one-time relaxation. Such applicants from existing users who
have re-applied for NOC after 30.06.2020 shall be exempted to pay
Environmental Compensation/Penalty till 31.03.2022. However, they
shall be liable to pay the water abstraction/restoration charges w.e.f.
24.09.2020.
2. Exemption of EC shall also be applicable to existing users who have
failed to submit application for NOC till 30.06.2020. However, they shall
be liable to pay penalty of Rs one lakh. They shall also be liable to pay
ground water abstraction/ restoration charges w.e.f. 24.09.2020 or date
of its commencement whichever is later.
3. For the submission of Impact Assessment Reports by industries,
Comprehensive Hydrogeological reports by Mining Projects and Water
Audit Reports, the date is hereby extended upto 31.03.2022. No
Environmental Compensation shall be imposed on such users if the
said report is submitted in the prescribed time. The Environmental
Compensation already paid by the project proponents shall be adjusted
in the Abstraction/restoration Charges of the unit for subsequent years.
4. To reduce the financial burden on the project proponents, the project
proponents shall now be required to make a yearly advance payment of
the Ground Water Abstraction/Restoration Charges, which would be
adjusted in succeeding years based on actual ground water withdrawal,
instead of one-time advance payment of Ground Water
Abstraction/Restoration Charges for entire NOC period.
5. All the project proponents/users drawing ground water shall be required
to mandatorily install tamper-proof Digital Water Flow Meter with/
without Telemetry System by 31.03.2022 or as specified in NOC,
whichever is later.
6. The applicants/project proponents who are facing the issue of double
taxation due to levy of water charges/ cess by States as well as water
abstraction/restoration charges by CGWA, may seek reimbursement of
water charges/ cess paid to State Governments from CGWA in the
subsequent years limited to the water abstraction/restoration charges
levied by CGWA.
Member, CGWA