Participatory Ground Water
Management in AP
Draft Outline
Of the legal framework emerging following discussions with
the Principal Secretary, RD, Govt of AP on 10th August.
Comments/ discussion invited: send to Ravindra (raviwn@gmail.com) and/or
Ramachandrudu (duram123@gmail.com), WASSAN
groundwater-ap@googlegroups.com
The legal framework entails…
1.
Efforts are made to make the community aware of the groundwater
resources in their habitations/ GPs.
2.
Participatory groundwater monitoring systems are established in each
Gram Panchayat.
3.
The GP draws out a comprehensive groundwater recharge plan
4.
GW Management Norms are evolved at habitation, approved at the
Gram Sabha level and GP. These GW Management Norms are synthesised
into a WATER SECURITY PLAN to be submitted and approved by the GW
Council
5.
Each habitation / GP draws out a GW Management Plan for investment.
Over all Institutional Structure for GW Governance
Habitations  GP1
Habitations  GP2
Ground Water
Council
Habitations  GP3
Supported by
an Executive
and a Legal
Arms
Habitations  GP4
Resource
Organisation
Zilla Parishad
GW
Department
Institutional Structure : At GP Level
Resource
Organisation
Habitations
Habitations
Habitations
Gram Sabha
 GP
Habitations
GP level Ground Water
Sub-Committee / council
(legal provision for this):
• Annual awards for the
Best GW Management for
GPs
• GW Council approved
Management plan a
prerequisite for govt
investments on GW (micro
irrigation, recharge etc.)
Management:
• Evolves a habitation level GW Management
Plan – develop a list of norms of GW
management  submits to GW Council and
get its approval
Regulatory Actions:
• Receives complaints related to violations of
approved norms
• Evolves a habitation level GW Management Plan –
develop a list of norms of GW management
Make
• Confirms the violation and take action:
violations a
• A) peer pressure and if not resolve,
cognisible
offence
• B) seize the well (cap etc...) / file an FIR
• Any grieviences can be reported by individual to
the GW Council
• Gives mandatory permission for drilling (to the
machine)
GP Level Notes:
•
Whenever violation is observed the GP GW Council can confirm violation and put
‘peer pressure’ – some way of reconciliation without compromise. This is the first
order mechanism for redressing the issue.
• Any violation of the GP -approved GW management norms must be treated as
‘cognisible offence’ under some IPC section…and the provision may be invoked in
the event of confirmed (by Council) and unsettled (within GP) violation of norms.
• The GP can file the complaint with the legal arm of the GW Council for taking legal
action which includes capping of the borewell (can this be done by GP itself?),
suspending the electricity connection, etc.
• The aggrieved party has an option of representing to the GW Counsel for
redressal. He/she first files complaint with GP and in case it is not addressed within
7 days – can appeal to GW Counsel.
Dilemmas:
• What are the mechanisms that can enabling settling of issues/ enforcement within
the GP? Is what has been described adequate?
• Vesting more legal powers with state – does it become counterproductive are give
rise to several political vendettas?
• Does it harm the up-coming poor who are awaiting groundwater access?
• In the extreme situations of dispair (such as a crop / plantation being dried out due
to borewell failure) does these provisions lead to conflict and desperation.
• Can the GW Council handle the ‘work load’?
Institutional Structure : GW Counsel at Sub-Divisional Level
Legal Arm of GWC:
Annual Social Audit
Registering Violations of GP
level approved norms
Commission – assessment of
violations
Action at 2 levels:
a) Facilitating GP to deal with
violations
b) If not resolved / GP not
acted upon, invoke the
provisions of the legislation
& take action
Executive Arm of GWC:
Ground Water
Council
At a larger cluster
level / SDO level
Convenor: Sub Divisional
Magistrate
General Body: GP
Sarpanches –of all OE/Cr
/SE villages as members
Professors – from the
area*
•Full time Officer
•Technical Person
•Assessment of violations
(can be outsourced)
•Maintain
database
on
groundwater with help from
GW department (regular
updation)
•Supported by a cadre of
Para-GW Professionals paid
on task basis
Resource Organisation
•Supports
GP
to
prepare
GW
management plan
•Capacity building
•Institution development
•Conflict resolution
•Develops the Para-GW Professionals
Zilla Parishad
GW
Department
* Membership in GWC to be decided on the principles of – no
selection, no election but representation from GPs
GW Counsel level Assessment of GW Management Norms
• The GW Counsel will assess the GW Management Plans / Water
Security Plans of the GPs. The assessent will be made on
• a) technical aspects
• b) against the management requirements for GW.
– These requirements vary w.r.t to seriousness of the crisis. In
overexploited villages the requirements will be more stringent.
– these basic requirements will be provisioned in the legislation.
– Access to resources by the households not having access to
groundwater must be protected and ensured – the equity principles
and provisions must be worked out
– The legislation must force borewell owners to share groundwater with
households not having access – this must be resolved in the Gram
Sabha in case the GP is opting for regulating further drilling.
• There must be ‘emergency response’ protocols.
Notes on GW Counsel:
• Provision for the GW Counsel will be created in the legislation
• The Counsel backstops GP in three functions a) providing technical
support in the formulation of norms b) enforcement of norms c)
providing a window for redressal of grievances of individuals.
• In addition, it will have a mandatory role of auditing the
performance of GPs in the management of GW using annual social
audit on violations, status etc.
• Making ‘violations’ a cognigible offence and invoking ‘revenue
codes’ are the two main instruments for ‘last resort ‘actions.
• The Counsel will also approve investment plans of any department
related to groundwater and source investments for better GW
management to better performing GPs.
• Does the GW Counsel give licence for ‘borewell drills’? Or would it
be vested in District..??
• GW Counsel can seize drilling vehicles in case of violations.
• Prior information on drilling by the GP- a mandatory requirement?
• Is it possible / necessary for Transco to seek approval of the GP-GW
committee before issuing electricity connection to borewell?
Notes on GW Counsel: contd..
• GW Counsel shall maintain a detailed database on
groundwater.
• GIS based groundwater data base with GPS points for each
borewell and a log of the data- be maintained.
• Participatory Hydrology Monitoring (PHM) be
institutionalised at GP level. The data flows to GW Counsel
and is maintained there (SMS- based data logging). The ParaGW Professionals can be of immense use in this exercise
providing competent hands required in the process.
• PHM over years can generate useful databases for
management.
Human Resources for GW Management
• The GW Consel has to be adequately staffed.
• It is time that the society invests on ‘GW Management’ as >50% irrigated
areas is under the highly stressed ground water resources.
• GW managemnet must receive management/ administrative investments.
• The legal and admn arms of the Counsel and their technical capacities are
important .
• Can there be a pool of “Para-GW professionals” – two such trained
persons in every GP (a certificate course for 10+) on basics of GW? These
can be accessed by the GW Counsel and GPs for any technical
assessments. Such examples are available (for e.g., ACT in Bhuj, Gujarat)
Revenue Generation for GW Management
• The annual revenue requirements need to be assessed.
• Revenue must be generated at the GP level for its own functions, including
task based payment to the Para-GW Professional.
• A ‘cess’ on each borewell – say about Rs.500 per borewell annually (we
need to identify the services that the GP provides against this in addition
to Goverance).
Investments on GW Management
• The state government will allocate budgets for GP to develop and manage
groundwater.
• The investments can be on increasing water use efficiency including
promotion of water efficient practices like SRI, micro-irrigation, pooling of
borewells, total recharge, improving organic matter in soils for better
moisture conservation, diversification etc. as arrived at by the GP.
• The approval of ‘GW Management Plan’ with norms as per the criticality
of the situation is a precondition for accessing these investments.
• The state government will also institute GW Management Awards (in the
lines of Nirmal Gram Puraskar Yojana) for best (GW) managed GPs.
Powers
• Gram Sabha/ GP  Recommendation
• Counsel  assessment and approval
Delinking GW from Land rights
• Is this possible constitutionally? Can GW be
treated like minerals, where the ownership
does not lie with the land owner.
• Can GW be identified as an ‘asset of the
Community or gram panchayat’ or trusteeship?
• Can the rights be delinked with prospective
effect (not retrospectively) • Fraught with many complications…
Issues/ concerns
• GW Council at SDO level – too distant and increases
transaction costs (both for farmers and also admn) and HR
deployment to deal with larger area. (can GW para-workers
be a solution?)
• …
• …
Phasing of the program…
Community awareness
Groundwater recharge plan
Participatory Groundwater monitoring
systems are established
Approval and
implementation
Data & Comprehensive
Understanding of Groundwater
resources in the community
GP Evolves GW
Management
Norms (WATER
SECURITY PLANS)
Water Security Plans (with
Management Norms)
submitted and approved by
the GW Council
Each habitation / GP draws out a GW
Management Plan for investment.
P
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1
P
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6
m
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1
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6
m
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2
Total : 1.5 to 2 years