Section 11 in Karnataka Ground Water (Regulation and Control of Development and Management) Act, 2011
11. Grant of permit to extract and use groundwater in the notified area.
(1)Subject to the provisions of any law relating to protection of public sources of drinking water, any user of ground water desiring to drill or dig a well in the notified area for any purpose either on personal or community basis shall apply to the authority for grant of permit for this purpose and shall not proceed with any activity connected with such drilling or digging unless a permit has been granted by the authority.(2)Every application under sub-section (1) shall be made in such form, shall contain such particulars and in such manner accompanied by such fee for different purposes like industrial, commercial entertainment, agricultural and domestic etc., and for different areas, as may be prescribed.(3)On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against public interest to do so, it may grant subject to such conditions and restrictions as may be specified therein, a permit authorizing drilling or digging of a well for the extraction and use of groundwater. The conditions shall include mandatory provision of artificial recharge structures of appropriate size to be constructed by the applicant within a period as specified by the authority:Provided that no person shall be refused of a permit unless he has been given an opportunity of being heard.(4)The decision regarding grant or refusal of their permit shall be intimated by the Authority to the applicant within a period of sixty days from the date of receipt of the application.(5)In granting or refusing a permit, the Authority shall have regard to the following, namely:-(a)The purpose for which the groundwater is to be used-domestic, agriculture, industry, commercial, establishments entertainment,-indicate sale/own use or both;(b)No permit shall be given for water intensive crops like paddy, sugarcane in notified areas;(c)The existence of other competitive users;(d)The availability of groundwater and the need to conserve it;(e)Quantity of groundwater to be drawn;(f)Quality of groundwater with reference to use;(g)Spacing of groundwater structures keeping in consideration, the purpose for which the groundwater is to be used.(h)Long term groundwater level behaviour;(i)Its likelihood of adversely affecting water availability of any drinking water sources in its vicinity;(j)Priority may be given for those who adopt sprinkler and drip irrigation system;(k)Any other factors relevant thereto.(6)The permit shall be subject to such terms and conditions and in such form as may be prescribed.
