Section 58 in Jammu and Kashmir Water Resources (Regulation And Management) Rules, 2011
58. Grant of permit to extract and use ground water in the notified area
(1)Any person who desires to sink a well (other than a well fitted with a hand operated manual pump or other manual devices or a sub-surface well up to 20 metre depth), or use ground water, in any area notified by the Government under section 111 of the Act shall apply to Chief Engineer concerned in form- XI for grant of a permit for digging of such well or use of such water. Such application shall be accompanied by a fee of rupees twenty thousand and shall indicate the following information:(a)the description of source of ground water, such as type of well and its location;(b)the purpose of using the water (whether domestic, commercial, industrial or trading purposes);(c)the lifting device to be employed by the applicant for extraction of water;(d)the quantity of water to be extracted or used;(e)the time and duration of such extraction or use per day;(f)the existence of other such users in the area; and(g)other details about the unit or scheme to be installed or operated by the applicant.(2)On receipt of application under sub-rule (1), the Chief Engineer shall seek a report from the Executive Engineer concerned regarding the(a)purpose for which the water is to be used by the applicant;(b)existence of other users in the concerned notified area;(c)availability of ground water in the area;(d)quantity of ground water to be extracted by the applicant;(e)long term behaviour of ground water level in the area;(f)likelihood of adversely affecting water availability of any drinking water source in the area; and(g)other relevant factors as the Chief Engineer may deem fit.(3)After considering the report of the Executive Engineer and on being satisfied that it shall not be against public interest to do so, the Chief Engineer may grant a permit to the applicant authorizing him to extract and use water subject to such terms and conditions as he may impose thereunder.(4)If the Chief Engineer is satisfied that it shall not be in the public interest to allow extraction or use of ground water in any notified area, he may refuse to grant permission to the applicant for such extraction or use of ground water and inform the applicant accordingly within 90 days of receipt of application:Provided that applicant shall be given an opportunity of being heard before his application for grant of permit is rejected.
