On December 12th, 2024, the Government of Karnataka introduced the Karnataka Ground Water (Regulation and Control of Development and Management) (Amendment) Bill, 2024, which aims to amend the Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011. This bill brings several significant changes designed to enhance water management, improve safety standards, and address the growing concerns over abandoned or unsafe bore-wells.
1. Introduction of New Definitions
The Bill adds a new term, “Implementing Agency”, to the Karnataka Groundwater Act. This will refer to government agencies or public/private enterprises involved in drilling bore-wells or tube wells, maintaining water supply, or managing water resources. This expansion ensures that more entities involved in groundwater activities are held accountable.
2. Notification Requirement for Bore-Well Digging
One of the most significant changes is the 15-day prior notification requirement for landowners or implementing agencies before digging a bore-well or tube well. This notification must be submitted to the local authority or urban local body, ensuring that the relevant authorities are informed well in advance. The requirement is only applicable after obtaining permission from the Ground Water Authority or District Ground Water Committee.
3. Safety Measures to Protect Children
A new chapter, Chapter-IIIA, is introduced to address the safety of bore-wells and tube wells. It mandates that:
- Drilling agencies properly cap bore-wells and tube wells immediately after use to prevent accidents.
- Failed, abandoned, or incomplete wells must be safely filled with local stones and slurry, and fenced off with barbed wire or thorny plants to avoid any danger, especially to children.
- If a bore-well is being repaired or rejuvenated, it must be capped properly to prevent accidents, especially when submersible pumps or suction pipes are removed.
4. Mandatory Signboards and Fencing
In a push for more transparency and safety, the Bill requires drilling agencies to erect signboards at bore-well or tube well sites, displaying the full contact details of the agency or owner. Furthermore, drilling agencies are mandated to fence off the areas around the bore-wells during drilling, repairs, or rejuvenation work, ensuring no unauthorized access.
5. Local Authorities’ Role in Monitoring
The Bill strengthens the role of local authorities in overseeing groundwater operations. Panchayat officers, municipal engineers, and local bodies are tasked with:
- Regularly monitoring bore-wells and tube wells.
- Ensuring abandoned or defunct wells are closed properly.
- Maintaining registers and records for all bore-wells, which will be reported to the Ground Water Authority.
6. Tougher Penalties for Non-Compliance
The Bill introduces stricter penalties for violations:
- Fines and imprisonment for those who fail to adhere to safety measures or notification requirements.
- Heavy penalties for agencies that do not comply with new provisions, including up to one-year imprisonment for repeat offenders.
- Cognizable offenses: Violations related to unsafe bore-wells will now be considered cognizable offenses, allowing for quicker police action.
7. Strengthened Regulatory Oversight
The Karnataka government has been given the authority to make additional regulations to ensure compliance with the Act. Local authorities will have to designate officers responsible for inspecting and supervising defunct bore-wells, ensuring greater accountability across urban and rural areas.
