This book presents a comprehensive analysis of the existing nature of India’s groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the “elitist” and the “egalitarian.” The book’s fundamental premise is that despite being an extraordinarily critical resource that supports India’s burgeoning population’s ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book’s introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management–Inter-state Water Conflicts–Aquifers–Water Markets–Water Security–Water Law Reform–Groundwater Law–Water Law–Sustainable Development–Hydrology

First published in 2011, Water Law in India is the only book to offer a comprehensive survey of the legal instruments concerning water in India. It presents a variety of national and state-level instruments that make up the complex and diverse field of water law and policy. This book fills a critical gap in the study of water law, providing a rich reference point for the entire gamut of legal mechanisms available in India. This edition has been extensively revised to include new instruments on water regulation, such as the draft National Water Framework Bill, 2016, and the Model Groundwater (Sustainable Management) Act, 2016; new water-related instruments in such varied fields as criminal law, land acquisition law, and rural employment legislation; and a chapter on international legal instruments. Chapters on drinking water supply, environmental dimensions of water conservation, water infrastructure for irrigation and flood control, groundwater regulation, and institutions catering to water have been thoroughly updated for a complete coverage of water law.

Groundwater is an indispensable resource in many parts of the world, where it supports domestic water supply, irrigated agriculture and industry. Its increased, and often intensive, use during the last half century has created problems and raised concerns regarding the potential depletion of local aquifers, water quality degradation and various geo

Water and the Laws in India is a compendium on the various issues and questions that arise in relation to water in its different aspects and uses. Water is a large and complex subject, and discussions on it give rise to many issues. The book addresses aspects like: What is the nature of water? Is it a basic life-need and therefore a basic right, or an economic good (or tradable commodity), or a natural resource belonging to the community or the nation? Pertinent questions like-Who owns it or should own it? Should it be state-controlled or community-managed or left to be governed by market forces?-have been answered in this volume.

In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water. The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

This book, the second volume in the series, continues to raise contextual issues and presents perspectives regarding multifaceted challenges in management and governance of water in India. This volume attempts to broad base and expand the dialogue started in the first volume and would touch upon issues that need immediate discussion but have been left unattended like politics and management of groundwater, efficient utilization of water in agriculture (irrigation) and improving water use efficiency and building resilience. As in the first volume, this book presents a set of suggestions and recommendations in each chapter that can help frame policy guidelines in the country.

Groundwater is becoming an increasingly popular resource because of the relative ease and flexibility with which it can be tapped. While developing groundwater resource promises to help alleviate poverty in many areas, the most formidable challenge is its sustainable use and management in regions where it is under threat.The central focus of this book is groundwater management in India: the economies that groundwater generates, the socio-economic impact of its intensive use, and the physical, institutional and policy options for its management. The book provides a fresh analysis of the socio-ecology of groundwater, based on a synthesis of macro and micro level data on the hydrological, social, economic and institutional parameters. The region of North Gujarat has been specifically studied to document the uncontrolled use of groundwater and the ill-effects of such exploitation. With alarming drops in water levels and increasing levels of fluorides and TDS in groundwater, the region's water problems have attracted international attention because of their implications in terms of reducing the viability of irrigated agriculture as also their impact on community health. The findings are used to draw policy conclusions regarding the tools for managing groundwater in other regions with similar resource and use characteristics. The authors have used several new methodologies, analytical procedures and criteria to analyse groundwater use in agriculture, the economic value of groundwater, water intensity of milk production and the efficient use of groundwater.

This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.

The importance of groundwater to India's economy and development prospects should not be underestimated. The resource is of importance as a source of drinking water and food security for the 950 million inhabitants of India, supplies 80 percent of water for domestic use in rural areas and perhaps 50 percent of water for urban and industrial uses. Over the last three decades, the rapid expansion in use of groundwater primarily for irrigation has contributed significantly to agricultural and overall economic development in India. Groundwater irrigation potential, the number of wells, and the number of energized pump sets have grown exponentially since the early 1950s. Groundwater now supplies more than 50 percent of the irrigated area and, due to higher yields in groundwater-irrigated areas, is central to a significantly higher proportion of total agricultural output. In addition, in drought years, groundwater represents the primary reliable source of irrigation. This rapid development in groundwater, however, has had a price. In many arid and hard-rock zones, increases in overdraft areas and associated water-quality problems are emerging. Sustainability of the resource base is thus critical for meeting an array of basic needs -from health to economic development.