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State of Uttarakhand - Section

Section 12 in Uttarakhand Water Management and Regulatory Act, 2013

12. Powers and function of the Commission.

- The Commission shall exercise the following powers and perform the following functions; namely :-
(a)[to approve the Integrated State Water Plan/ Basin Plans developed by Department of the State Government to ensure sustainable management of water resources within the parameters laid down by State Water Policy as amended from time to time;] [Substituted by section 8 of Uttrakhand Act no 03 of 2016.]
(b)to determine the allocation and distribution of entitlements for various category of use of water at utility, project level and also between various water user entity within the parameters laid down by the State Water Policy on such terms and conditions as may be prescribed for such a distribution;
(c)to lay down the criteria for modification in the entitlements for the diversion, storage and use of surface and ground water of the State;
(d)to review and accord clearance to new water resources projects proposed at the river basin/ sub-basin level by the concerned entity ensuring that the proposal is in conformity with Integrated State Water Plan specially with respect to the water allocation of each entity, that is economically, hydro-geologically and environmentally viable;
(e)to establish a system of enforcement, monitoring and measurement of the entitlements for the use of water to ensure that the actual use of water, both in quantity and type of use are in compliance with the entitlements as issued by the Commission;
(f)to monitor conservation of environment and facilitate the development of a framework for the preservation and protection of the quality of surface and ground water resources as per establishment norms and standards;
(g)to withdraw the entitlement or take any action as deemed necessary in case any water user entity pollutes or causes to pollute any surface or ground water source of water and thereby infringes the maintenance of established norms and standards for water quality;
(h)to impose penalty on any organization or agency, whether Government or private, any individual or a group of individuals who change, alters or cause to change or later the status of any surface or ground water resources without the specific sanction or approval of the Commission;
(i)to periodically review the entitlement as and when considered necessary;
(j)to register and monitor bulk water entitlement by the Commission or its duly authorized representatives;
(k)to promote competition, efficiency and economy in the activities of the water and waste water sector to minimize wastage of water;
(l)to promote better water management techniques;
(m)to enforce rain water harvesting to augment ground water recharge.
(n)to fix and regulate a water tariff system and charges for the use of water after due consideration to all costs including administration, operation maintenance, depreciation and subsidies;
(o)to review and revise the tariff/ water charges periodically;
(p)to determine and fix the rate of cess to be charged from owner of lands benefited by flood protection and drainage works implemented under new projects;
(q)to enforce the decision or orders issued under this Act by a suitable agency authorized by the Commission or empower to any existing agency for this purpose;
(r)to aid and advise the Sate Government on any matter referred to the Commission by the State Government.