Section 8 in The Kerala Ground Water (Control and Regulation) Act, 2002
8. Registration of the existing wells of the notified area.
(1)Every owner of the existing wells of the notified area in the State shall, within a period of one hundred and twenty days from the date of constitution of the Authority, register the wells existing and in use and shall apply to the Authority in such form and in such manners as may be prescribed for a certificate or registration:Provided that If the Authority is satisfied that there are sufficient reasons for the applicant for not submitting the application within the said time limit it may entertain the application submitted thereafter.(2)The details to be furnished in an application under sub-section (1) shall contain such particulars and shall be in such manner as may be prescribed.(3)On receipt of an application under sub-section (1) the Authority shall, if satisfied that it shall not be against the public interest so to do, register the well subject to such conditions and restrictions as may be prescribed and issue a certificate of registration to the applicant or reject the application.Provided that no application for registration shall be rejected without giving the applicant an opportunity of being heard.(4)The decision regarding the grant or refusal of certificate of registration shall be communicated to the applicant by the Authority within ninety days from the date of receipt of the application.(5)The Authority shall consider the following matters before granting or rejecting the application for registration of well under sub-section (3) namely:-(a)the purpose for which water is used;(b)the other existing users of that locality;(c)the rate of re-charge of the area of influence of the well;(d)the quality of ground water in the location;(e)the long term nature of water level of well;(f)the other relevant factors.(6)The Certificate of registration shall be in the form prescribed.(7)Until the Authority intimates the decision regarding grant or rejection of registration under sub-section (1), every owner of existing well in the notified area shall be entitled to the continued use of ground water in the same manner as before the date of application.(8)In case a registered well becomes unuseful, the owner shall inform the matter in writing to the Authority immediately.
