Written by Kshitij Paresh Desai,
Intern-Lex Lumen Research Journal,
June 2025
Introduction:
India’s vast and diverse landscape—from the Himalayas to coastal belts and deserts to fertile plains—supports an intricate network of groundwater resources crucial to its domestic, agricultural, and industrial sectors. Groundwater, a vital part of the hydrological cycle, forms as rainwater seeps into the soil and collects in aquifers. With one of the world’s highest average annual rainfalls—second only to South America—India holds significant potential to replenish these reserves. Yet, managing this resource equitably and sustainably remains a formidable challenge.
India’s reverence for water is longstanding, reflected in ancient texts like the Brihatsamhita, Arthashastra, and Manusmriti, which detail early techniques for rainwater harvesting and locating groundwater in arid regions. These texts envisioned the earth as a system of subsurface channels sustaining vegetation and agriculture—a notion that aligns with modern ecological understanding.
Today, groundwater underpins India’s economy but faces mounting threats from contamination by fertilizers, industrial effluents, untreated sewage, and runoff. Nearly 70% of districts report problems like salinity and toxic levels of arsenic and fluoride. Uneven distribution further amplifies regional disparities, leaving many communities water-stressed.
In response, the Indian government has introduced several legal and policy initiatives to regulate usage and safeguard water quality. However, persistent issues—including fragmented regulation, outdated land-centric laws, insufficient monitoring, and limited community involvement—continue to hinder effective groundwater governance.
Challenges to Groundwater Management:
India’s groundwater sector faces mounting stress due to unsustainable extraction, uneven distribution, and deteriorating quality. Rapid population growth and the unchecked expansion of agriculture and industry have significantly overdrawn groundwater reserves, causing alarming declines in water tables across many regions. Compounding the issue is the stark regional imbalance in groundwater availability—while some areas maintain stable supplies, others are facing acute depletion, complicating the development of uniform and effective management strategies. Adding to the crisis, widespread contamination from industrial discharges, agrochemical runoff, and poor waste disposal has compromised the quality of groundwater, threatening public health and reducing the availability of safe water for consumption and irrigation. In many areas, the loss of clean surface water sources has only deepened dependence on these already-stressed underground reserves.
Current Situation of Groundwater in India:
India stands at a pivotal crossroads in managing its groundwater—one of its most vital yet increasingly threatened resources. Over the past six decades, accelerated population growth, urbanization, and unsustainable agricultural practices have led to dramatic depletion. According to national assessments, 839 of 5,723 administrative blocks are overexploited, with hundreds more classified as critical or semi-critical.
Despite some progress—reflected in the 2024 CGWB report, which notes a marginal decline in extraction levels and a rise in “safe” groundwater zones—systemic challenges persist. A large portion of rainfall continues to drain into rivers and the sea, underutilized, while groundwater contamination from fluoride, arsenic, salinity, and industrial pollutants remains widespread across several states. Climate change only compounds the crisis, disrupting recharge patterns through erratic monsoons, glacier retreat, and rising temperatures. Without decisive action, India could transition from being water-stressed by 2025 to water-scarce by 2050. Tackling this multidimensional emergency demands a holistic framework that blends ecological sustainability, scientific innovation, traditional water wisdom, and inclusive governance to secure the future of this invisible lifeline.
Evolution of Groundwater Laws in India and Legal Provisions for Groundwater Governance:
Early Legal Foundations of Groundwater Rights:
India’s early groundwater laws, influenced by English common law, viewed groundwater as a landowner’s private property—permitting unrestricted extraction even at others’ expense, as seen in Acton v. Blundell (1843) and Chasemore v. Richards (1859). In contrast, U.S. law evolved to reflect the link between surface and groundwater, promoting shared and sustainable management. This contrast underscores the need for integrated groundwater governance in India.
Law Foundations and the Tort of Nuisance in Groundwater Jurisprudence:
Tort law in India treats water pollution and diversion as private nuisances, offering remedies like compensation or injunctions. However, powerful industries often pay damages and continue harmful practices. In Nirmal Chandra Sanyal v. Municipal Commissioners, the court favored injunctions for ongoing nuisances unless the harm is minor—yet what appears minor to industry can be severe for communities. As a result, tort law provides limited protection due to industrial influence and weak enforcement.
Groundwater Rights Under the Indian Easements Act, 1882:
India’s groundwater governance remains rooted in the Easements Act of 1882, which grants landowners full control over the groundwater beneath their land. This legal position, reinforced by the riparian rights doctrine and judicial recognition, treats groundwater as a private property right—not subject to state regulation or environmental safeguards. While this might have suited agrarian needs in the past, it is ill-equipped to address today’s complex challenges of depletion, contamination, and inequity. Without reform, this outdated framework continues to hinder sustainable and inclusive groundwater management. A shift to a modern legal regime that recognizes groundwater as a shared ecological and public resource is urgently needed.
The Water (Prevention and Control of Pollution) Act 1974:
India began addressing water pollution through the Water (Prevention and Control of Pollution) Act, 1974, aimed at curbing contamination from industrial effluents. To strengthen its impact, the Water Cess Act, 1977 introduced economic tools for enforcement. By 1990, all states had adopted the Act, establishing State Pollution Control Boards (SPCBs) alongside the Central Pollution Control Board (CPCB) to monitor and enforce discharge standards.
The Act prohibits pollutant discharge into water bodies, regulates both new and existing outlets, and authorizes emergency actions in contamination events. Amendments in 1978 extended legal accountability to companies and government departments. States may also notify critical pollution zones for targeted regulation.
(v) The Environment (Protection) Act, 1986 and Institutional Strengthening:
In response to the Bhopal disaster, the Environment (Protection) Act, 1986 established a broad framework for environmental regulation, including water quality. One key outcome was the creation of Water Quality Assessment Authority (WQAA), comprising experts from relevant ministries. WQAA is empowered to issue directives, standardize water monitoring, promote wastewater reuse, regulate effluent discharges, identify pollution hotspots, and coordinate with state-level bodies. It also supports rainwater harvesting & submits quarterly reports to Ministry of Environment. Under this Act, bodies like the Central Ground Water Authority (CGWA) and coastal regulators were also formed to address groundwater stress and protect vulnerable ecosystems.
vi) The Model Groundwater Bill: Evolution and Limitations:
To address unregulated groundwater extraction, the Government of India introduced the Model Bill in 1970, urging states to establish State Ground Water Authorities (SGWAs). Revised in 1992, 1996, and 2005, it expanded to include domestic use, promote recharge through rainwater harvesting, and offer exemptions for small-scale users. It also mandated well registration across notified and non-notified areas. However, by 2005, only 7 states had enacted such laws. Political hesitancy and weak enforcement limited its success, especially in curbing existing withdrawals. Still, the bill marked a critical step toward recognizing groundwater in overexploited zones as a public trust rather than a private asset.
Central Ground Water Authority (CGWA): Origin, Powers, and Functions:
Established on 14 January 1997 under Section 3(3) of the Environment (Protection) Act, 1986, CGWA was formed by the Ministry of Environment and Forests following a Supreme Court directive. It is chaired by a senior official and includes eight members and a Member Secretary.
Powers:
Issue directions under Section 5 of the EPA to regulate or stop industrial and utility operations.
Impose penalties (Sections 15–21) on non-compliance, including liability for companies and government officials.
Regulate groundwater abstraction and control indiscriminate extraction.
Core Functions:
Regulation: Oversees groundwater extraction, well construction, registration, and trade.
Conservation: Promotes recharge techniques like rooftop rainwater harvesting.
Protection: Prevents pollution, manages coastal aquifers, and approves water-linked industries.
Awareness: Leads public campaigns before declaring Notified Areas, using local languages and community engagement
Recommendations & Conclusion:
India’s groundwater governance stands at a crossroads. Despite forming the backbone of rural and urban water supply, groundwater remains poorly managed—undermined by outdated property-based laws, fragmented regulation, and ecological neglect. The proposed recommendations collectively point to a necessary paradigm shift: from groundwater as a private commodity to a shared public trust resource.
A unified national framework must enshrine principles of equity, scientific accountability, and sustainability. Mandatory registration and digital monitoring will bring visibility and control over use patterns. Empowering local institutions ensures context-specific stewardship, while large-scale recharge infrastructure strengthens ecological resilience. When paired with region-focused public engagement and digital innovation, these reforms can lay the foundation for transparent, climate-resilient groundwater governance.
Only through coordinated legislation, decentralized responsibility, and behavioral change can India secure its invisible water lifeline for current and future generations.
References:
The Environment (Protection) Act, No. 29 of 1986, Acts of Parliament, 1986 (India).
The Water (Prevention and Control of Pollution) Act, No. 6 of 1974, Acts of Parliament, 1974 (India).
The Indian Easements Act, No. 5 of 1882, Acts of Parliament, 1882 (India).
Kumar & S. Sharma, Groundwater Governance in India: Challenges and Opportunities, 21 Int’l Envtl. L. Rev. 45 (2019).
Gupta & A.K. Sarma, Groundwater Contamination and Overuse in India, 13 J. Envtl. Mgmt. 89 (2016).
Shrivastava et al., Regional Imbalances in Groundwater Stress, 27 Hydro India 122 (2018)
K. Sahu et al., Population Growth and Groundwater Depletion in India, 6 EnviroPlan J. 64 (2020).
