CGWA & SGWA Compliance Advisory | Pan-India Liaison
⚡ COMPLIANCE ALERT
📢 Free Technical Assistance for Self-Inspection & Self-Compliance Updation on the BhuNeer Portal of CGWA for Groundwater NOC Holders.   |   Facing NOC Expiry, Penalty, or Quantum Correction? Contact Us Today →
STATUTORY KNOWLEDGE BASE

Frequently Asked Questions

CGWA & SGWA Regulatory Guidelines, NOC Norms, Modeling & Tariffs

Clear, authoritative answers compiled directly from the Consolidated MoJS Guidelines, 2023 Gazette Amendments, and CGWA Standard Operating Procedures (SOP) to assist industries, infrastructure developers, and mining projects across India.

SECTION 01

Groundwater NOC Applicability, Exemptions & MSME Norms

Criteria governing mandatory approvals, non-requirement thresholds, and Over-Exploited (OE) area policies.

All new, existing, or expanding industrial units, commercial/infrastructure projects, mining operations, bulk water suppliers (private water tankers), government water supply agencies in urban areas, and group housing societies/residential apartments (with or without swimming pools) abstracting groundwater must obtain an NOC from CGWA or the respective State Ground Water Authority (SGWA) via the online portal.

Under Para 1.0 of the Guidelines (as amended), the following categories are exempted from obtaining an NOC:

  • Individual domestic consumers in rural and urban areas for drinking water and domestic uses.
  • Rural drinking water supply schemes.
  • Armed Forces Establishments and Central Armed Police Forces establishments in rural and urban areas.
  • Agricultural activities.
  • Micro and Small Enterprises (MSEs) drawing groundwater less than 10 m³/day (< 10 KLD).
  • All industries, mines, and infrastructure projects drawing groundwater only for drinking/domestic use up to 5 m³/day (5 KLD) across all assessment units.
  • Residential Apartments and Group Housing Societies drawing groundwater up to 20 m³/day for drinking/domestic use (provided no swimming pool exists) and EWS dwelling units under government schemes.

In Over-Exploited (OE) assessment units, groundwater extraction permissions are strictly restricted:

  • New Industries: Banned, except Micro, Small, and Medium Enterprises (MSMEs). Non-MSME new units can only seek permission for drinking/domestic use for their workforce and greenbelt development.
  • Packaged Drinking Water (PDW): New Packaged Drinking Water units are strictly prohibited in OE areas, even if they belong to the MSME category.
  • Expansion: Permitted only for the MSME sector; expansion involving increased groundwater extraction is prohibited for all other existing industries.
  • Mining Projects: Eligible (since mining is location-specific).
  • Infrastructure Projects: Only 7 location-specific infrastructure categories are eligible (SEZs, Metro/Railway/Bus Terminals, Airports/Seaports/Logistics, Highways, Fire Stations, Hospitals, and Educational Institutions).
  • Water/Theme/Amusement Parks: Strictly prohibited from extracting groundwater in OE units.
  • Micro and Small Enterprises (MSEs): Fully exempted from seeking an NOC if their total groundwater withdrawal is less than 10 m³/day (< 10 KLD).
  • New Units in OE Blocks: MSMEs are the only industrial category allowed to set up and extract process groundwater in Over-Exploited assessment units (excluding Packaged Drinking Water).
  • Expansion in OE Blocks: MSMEs are the only industrial sector eligible to apply for expansion involving increased groundwater extraction in OE blocks.

Abstraction of saline groundwater (water with Electrical Conductivity > 5,000 µS/cm at 25°C) is encouraged:

  • Projects abstracting saline groundwater are exempted from paying groundwater abstraction and restoration charges.
  • If withdrawal exceeds 100 KLD, submission of an Impact Assessment Report with Groundwater Modeling is mandatory to monitor the fresh-saline interface and prevent saline up-coning.
  • In case of delayed submission of the application, Environmental Compensation (EC) is charged at rates prescribed for Safe Areas.
SECTION 02

Groundwater Abstraction, Restoration & Rebate Charges

Tariff structures across Safe, Semi-Critical, Critical, and Over-Exploited categories.

Groundwater Abstraction Charges are paid by projects operating in Safe, Semi-Critical, and Critical assessment units based on the quantum of water extracted (Rs./m³). Groundwater Restoration Charges are levied at higher rates on projects operating in Over-Exploited (OE) assessment units to fund regional aquifer replenishment, artificial recharge, and conservation interventions.

For general industries and infrastructure projects (rates in Rs. per m³):

  • Safe Areas: Rs. 1.00 (<200 KLD) | Rs. 2.00 (200 to <1000 KLD) | Rs. 3.00 (1000 to <5000 KLD) | Rs. 5.00 (≥5000 KLD)
  • Semi-Critical Areas: Rs. 2.00 (<200 KLD) | Rs. 3.00 (200 to <1000 KLD) | Rs. 5.00 (1000 to <5000 KLD) | Rs. 8.00 (≥5000 KLD)
  • Critical Areas: Rs. 4.00 (<200 KLD) | Rs. 6.00 (200 to <1000 KLD) | Rs. 8.00 (1000 to <5000 KLD) | Rs. 10.00 (≥5000 KLD)
  • Over-Exploited Areas (Restoration Charges): Rs. 6.00 (<200 KLD) | Rs. 10.00 (200 to <1000 KLD) | Rs. 16.00 (1000 to <5000 KLD) | Rs. 20.00 (≥5000 KLD)

(Note: Packaged drinking water units, mining dewatering, and bulk water supply tankers are subject to separate tariff schedules).

Existing industries, infrastructure units, and mining projects that have constructed and maintained functional artificial recharge structures in compliance with the conditions of their previously granted NOC are eligible for a 50% rebate on their groundwater abstraction or restoration charges at the time of renewal, subject to satisfactory performance and physical site verification.

Under Section 11.0 of the Guidelines, NOC validity is granted for:

  • Infrastructure (Drinking/Domestic) & Urban Water Supply: 5 Years (in Safe, Semi-Critical, Critical).
  • Industries: 3 Years (in Safe, Semi-Critical, Critical).
  • Mining Projects: 2 Years.
  • All Users in Over-Exploited (OE) Areas: 2 Years.

Renewal Window: Proponents must apply for renewal at least 90 days prior to expiry. If submitted within this window, the NOC is deemed extended until formal renewal is processed.

SECTION 03

Fixed Statutory Penalties for Non-Compliance

Mandatory penalty rates under Section 16.0 (Table 16.1) for violation of NOC conditions.

Standard fixed penalties under Section 16.0 (Table 16.1) include:

  • Non-installation / faulty Digital Flow Meter with telemetry: Rs. 2,00,000
  • Non-disclosure / construction of unauthorized extraction structure: Rs. 2,00,000 per structure
  • Reporting freshwater zones as brackish/saline in application: Rs. 2,00,000
  • Non-installation of Piezometer: Rs. 2,00,000
  • Non-installation / faulty DWLR / Telemetry system: Rs. 1,00,000
  • Non-construction / inadequate capacity of Recharge structures: Rs. 5,00,000
  • Non-maintenance of Water Conservation / Recharge structures: Rs. 2,00,000
  • Injection of treated/untreated water into aquifer: Rs. 10,00,000 (+ aquifer remediation costs under EPA 1986)
  • Non-submission of Self-Compliance Report: Rs. 1,00,000
  • Non-submission of Water Level / Quality Data: Rs. 50,000
  • Non-registration of water supply tankers: Rs. 5,00,000

Under Table 16.2 of the Guidelines, fees payable via Bharatkosh for modifications are:

  • Change in User ID: Rs. 5,000
  • Change in Firm Name: Rs. 5,000
  • Extension of NOC (maximum 2 years for genuine construction delays): Rs. 5,00,000
  • Issuance of Duplicate NOC: Rs. 5,000
  • Issuance of Corrigendum to NOC: Rs. 5,000
  • Any other corrections / administrative modifications: Rs. 5,000
SECTION 04

Environmental Compensation (EC) & Unauthorized Extraction

Formulas, deterrence factors, and late submission penalties for unpermitted abstraction.

Extracting groundwater without a valid NOC attracts daily Environmental Compensation calculated under Section 15.0 as:

ECGW = Daily Consumption (m³/day) × ECRGW (Rate in Rs./m³) × Number of Days × Deterrence Factor
  • Minimum EC: Cannot be less than Rs. 1,00,000 in any case.
  • ECR Rates for Industries (Table 15.3): Ranges from Rs. 20 to Rs. 200 per m³ based on abstraction quantum and block category.
  • Deterrence Factor (Table 15.4): Multipliers of 1.00 to 2.00 apply based on the duration of illegal extraction (<2 yrs, 2–5 yrs, >5 yrs) and extraction quantum.

Existing units that operated prior to statutory cut-offs without applying before the designated deadline (30.09.2022) face retroactive Environmental Compensation (EC) from 24.09.2020 (or date of commencement) plus a mandatory Late Submission Fee of Rs. 1,00,000. Renewal applications delayed by more than 3 months after expiry also attract daily EC until renewed.

SECTION 05

Technical Studies, Modeling, Piezometers & Audits

Requirements for IAR, CHR, Visual MODFLOW simulations, DWLR piezometers, and water balance audits.

Under amended Para 4.1(f), an Impact Assessment Report (IAR) covering a 5 km radius prepared by an accredited consultant is mandatory for:

  • In Over-Exploited, Critical, and Semi-Critical (OCS) units: All projects extracting in excess of 100 m³/day (> 100 KLD).
  • In Safe assessment units:
    • Non-alluvium / Hard rock terrain: Extraction exceeding 500 m³/day (> 500 KLD).
    • Alluvium / Soft rock terrain: Extraction exceeding 2,000 m³/day (> 2,000 KLD).
  • Infrastructure Projects involving Dewatering: Mandatory for all projects involving dewatering regardless of quantum.

As per CGWA SOP (Appendix-A), the modeling criteria are:

  • Analytical Modeling (e.g., Theis, Cooper-Jacob, Walton): Permitted for industries in OCS areas extracting between > 100 to 500 KLD in Hard Rock, and between > 100 to 1,000 KLD in Alluvium.
  • Numerical Modeling (e.g., Visual MODFLOW, FEFLOW): Mandatory for:
    • Industries in OCS units drawing > 500 KLD (Hard Rock) or > 1,000 KLD (Alluvium).
    • Industries in Safe units drawing > 500 KLD (Hard Rock) or > 2,000 KLD (Alluvium).
    • Mining projects with groundwater seepage component > 500 KLD.
    • Infrastructure dewatering projects of any quantum.

All mining projects applying for a Groundwater NOC (fresh or renewal, with or without dewatering) must submit a Comprehensive Hydrogeological Report (CHR). The report covers hydrogeology in the core zone (2 km radius) and buffer zone (10 km radius), year-wise mine pit seepage computations, socio-economic impact assessments, and mine-water gainful utilization plans.

Reports must strictly be prepared, signed, and stamped by accredited consultants certified under:

  • RGNGWTRI (Rajiv Gandhi National Ground Water Training and Research Institute, Raipur) for Individuals and Institutions.
  • NABET / QCI (National Accreditation Board for Education and Training, New Delhi) for Institutions.

Reports from non-accredited entities are rejected outright during the initial verification stage.

Under amended Section 14.0 (Table 14.1), in non-notified/non-industrial areas, piezometer requirements are:

  • Withdrawal ≤ 100 m³/day (≤ 100 KLD): No piezometer required.
  • Hard Rock Aquifers (> 100 KLD): 1 Piezometer with DWLR and Telemetry installed at a minimum distance of 15 m from the pumping well tapping the same aquifer zone.
  • Alluvium Aquifers (> 500 KLD): 1 Piezometer with DWLR and Telemetry installed at a minimum distance of 50 m from the pumping well.
  • Mining Projects (> 100 KLD): Mandatory piezometers in both core and buffer zones.

Under amended Para 4.1(iii), all industries abstracting groundwater in excess of 100 m³/day (> 100 KLD) must conduct a biennial water audit (once every 2 years) through CGWA-approved certified auditors (CII, FICCI, NPC) and submit the report within 3 months. All such units are legally mandated to reduce their groundwater consumption by at least 20% over 3 years.

  • Consent to Establish (CTE) / Consent to Operate (CTO) / Environmental Clearance (EC).
  • Water availability proof: Notarized affidavit for requirement ≤ 10 KLD; Non-availability certificate from public water supply agency for requirement > 10 KLD.
  • Udyam / MSME Certificate (mandatory for all units applying in OE areas).
  • Rooftop Rainwater Harvesting (RWH) / Recharge Plan as per Model Building Bye-Laws.
  • IAR and GW Modeling Report (if abstraction exceeds thresholds).
  • NABL Water Quality Report (mandatory for saline groundwater claims).
  • Bharatkosh payment receipts for application fee and 1-year advance abstraction/restoration charges.
EXPERT ADVISORY

Need Custom Guidance on Your Project's CGWA / SGWA Status?

Our senior hydrogeologists provide free compliance reviews, water budget audits, and BhuNeer application filing assistance.