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State of Goa - Section

Section 6 in The Goa Ground Water Regulation Act, 2002

6. Grant of permission to transport ground water in the Scheduled area.

(1)No person shall transport ground water from a source of water in Scheduled area, more than 30,000 litres annually, by any means of surface transport or by pipeline without the permission of the Ground Water Officer.
(2)Any person desirous of transporting more than 30,000 litres of ground water annually from a source of water in a Scheduled area by any means of surface transport or by pipeline shall apply, in the prescribed form and manner, to the Ground Water Officer for the grant of permission and shall not proceed with any activity connected with the transportation unless permission has been granted by the Ground Water Officer.
(3)On receipt of an application under sub-section (2), if the Ground Water Officer is satisfied that it shall be in the public interest to do so, he may grant permission for transporting the ground water, subject to such terms, conditions and restrictions as may be prescribed, or refuse to grant the permission:Provided that no permission shall be refused unless the applicant has been given an opportunity of being heard.
(4)The decision regarding the grant or refusal of permission shall be intimated by the Ground Water Officer to the applicant as far as possible within a period of 90 days from the date of receipt of the application. Where it is not possible for the Ground Water Officer to grant the permission for transportation of ground water, the Ground Water Officer shall intimate the reasons therefor to the applicant so that he may make a fresh application after curing the defects if any specified therein.
(5)In granting or refusing to grant permission under sub-section (3), the Ground Water Officer shall have regard to the following matters, namely:-
(a)the purpose or purposes for which permission to transport ground water is sought;
(b)the existence of other competitive users;
(c)the existence of other wells in the locality;
(d)the availability of ground water;
(e)the quality of ground water with reference to use;
(f)the long term ground water behaviour;
(g)the lifting device proposed to be used;
(h)the quantity of ground water drawal and hours of operation per day;
(i)the effect on the availability of water in the nearby well;
(j)any other relevant or connected factor.
(6)Every permission granted under sub-section (3) shall be valid for a maximum period of one year and after expiry of said period of one year, the permission, if required again, shall have to be freshly applied for, in accordance with the procedure laid down herein.