Groundwater permission is one of the most misunderstood environmental requirements. Many businesses assume that a borewell on their own land needs no permission, while some households worry they need an NOC for a domestic tubewell. The truth is in between. The Central Ground Water Authority's guidelines of September 2020, as amended, require a No Objection Certificate for groundwater extraction by industries, infrastructure and mining projects, bulk water suppliers and many commercial users, but exempt several categories of users. States with their own groundwater laws, such as Uttar Pradesh and Haryana, have their own rules on registration and permission.
This guide explains who is generally exempt under the CGWA guidelines, who is not, how state laws differ, and why being exempt does not mean being free of all obligations. Because the guidelines have been amended and state rules change, check the current position before relying on an exemption. For the NOC process, see groundwater NOC.
हिंदी में सारांश
CGWA के सितंबर 2020 के दिशानिर्देशों (संशोधित) में आम तौर पर कृषि उपयोग, घरेलू उपयोगकर्ता, ग्रामीण पेयजल योजनाएँ, सशस्त्र बलों के प्रतिष्ठान और एक तय मात्रा से कम पानी लेने वाले छोटे उद्यम छूट में हैं। ज़्यादातर उद्योग, इन्फ्रास्ट्रक्चर, खनन, बल्क सप्लायर और कई कमर्शियल उपयोगकर्ताओं को NOC चाहिए। उत्तर प्रदेश और हरियाणा जैसे राज्यों के अपने नियम हैं, जहाँ घरेलू बोरवेल का भी रजिस्ट्रेशन ज़रूरी हो सकता है। छूट पर भरोसा करने से पहले मौजूदा स्थिति जाँचें।
Exemptions at a glance
Agriculture
Agricultural use is generally exempt under the CGWA guidelines.
Households
Individual domestic users for drinking and domestic use are generally exempt.
Rural water schemes
Rural drinking water supply schemes are generally exempt.
Armed forces
Armed forces and central armed police establishments are generally exempt.
Small enterprises
Micro and small enterprises drawing below a quantity threshold set in the guidelines.
State laws differ
UP, Haryana and other states may require registration even where CGWA exempts.
Who is generally exempt
The 2020 guidelines exempted users whose extraction is small or serves basic needs. In broad terms, these include agricultural users, individual households using groundwater for drinking and domestic purposes in rural and urban areas, rural drinking water supply schemes, armed forces and central armed police establishments, and micro and small enterprises drawing groundwater below a small daily quantity set in the guidelines. Some infrastructure and strategic projects have also been given relaxations under later amendments.
Exemptions are defined precisely. A household is exempt for domestic use, but a house with a borewell supplying water tankers commercially is not. A small enterprise is exempt only below the quantity threshold; above it, it needs an NOC. Read the exemption that applies to you carefully, and keep a note of why you fall within it.
Who is not exempt
Industries, mining projects and infrastructure projects drawing groundwater need an NOC, as do bulk water suppliers, packaged drinking water units and many commercial users such as hotels, malls, hospitals and office complexes. Group housing societies and residential apartments drawing groundwater have generally been required to obtain permission, with conditions such as metering and recharge. Construction projects that dewater basements need permission for dewatering. These users must also pay abstraction charges and comply with conditions. See CGWA.
How to check your position
Identify the authority
CGWA or a state authority for your site.
Identify your use
Domestic, agricultural, industrial, commercial or bulk supply.
Measure your quantity
Use meter readings or estimates of daily extraction.
Check the exemption
Read the exact wording and any amendments.
Check state rules
Registration may be needed even if CGWA exempts you.
Keep records
Note why you are exempt and keep meter readings.
Common users and the usual position
| User | Usual position |
|---|---|
| Farmer irrigating fields | Exempt |
| Household borewell for domestic use | Exempt under CGWA; state registration may apply |
| Small enterprise below the threshold | Exempt |
| Factory or industrial unit | NOC required |
| Hotel, mall, hospital, office complex | NOC required in most cases |
| Group housing society | Permission generally required |
| Construction dewatering | Permission required |
| Packaged drinking water unit | NOC required with strict conditions |
State laws are different
In Uttar Pradesh, the Ground Water (Management and Regulation) Act, 2019 requires registration of borewells for non-agricultural use, including in some cases domestic borewells in urban areas, and NOCs for commercial, industrial and bulk users through the state system. In Haryana, the Water Resources Authority regulates groundwater extraction with its own permissions and charges. Punjab's Water Regulation and Development Authority issues permits and charges for non-agricultural extraction. Karnataka, Andhra Pradesh, Telangana, Maharashtra and other states also have laws. In these states, the state rules govern, and a CGWA exemption may not be the end of the matter.
Exempt but still responsible
Even exempt users must not draw groundwater in ways that harm others or the aquifer, and may face restrictions in over-exploited areas, such as limits on new borewells near public drinking water sources. Exempt status can also change if your use changes, for example a household that begins selling water, or a small enterprise that expands. Authorities may ask exempt users to register, install meters or adopt rainwater harvesting under local rules. If you receive a notice, explain why you are exempt with evidence; do not ignore it.
A small unit that grew
Here's a made-up example. A small food processing unit in Gurugram had been exempt because it drew very little groundwater. After adding a second line, its use roughly tripled.
An inspection found it drawing above the exempt quantity without permission. We helped it install a meter, apply to the Haryana authority, and reply to the notice with the application and an explanation. Permission was granted with conditions, and the authority took a lenient view of the period of excess use.
Housing societies and apartments
Housing societies are among the users most often confused about groundwater rules. Individual households drawing water for their own domestic use are generally exempt under the CGWA guidelines, but a group housing society or apartment complex drawing water through common borewells and supplying it to hundreds of flats is a bulk user, and has generally been required to obtain permission, with conditions such as metering, rainwater harvesting and recharge. In states with their own laws, such as Uttar Pradesh and Haryana, the society may need registration or permission under the state system. Societies that rely on borewells because municipal supply is inadequate should apply rather than assume an exemption.
The same applies to hotels, guest houses, hospitals, schools and colleges drawing significant quantities. A school using a borewell for drinking water and toilets may be treated differently from a hotel filling swimming pools, but both should check the rules and quantities that apply.
Over-exploited areas
In blocks assessed as over-exploited or critical, authorities are stricter, and even exempt uses can face local restrictions. Drilling new borewells near public drinking water sources may be prohibited, and local bodies may require registration or rainwater harvesting. Some states restrict the depth of new borewells or require permission for any new well in notified areas. Before drilling, check the assessment category of your block and any local orders, because a well drilled in breach of local restrictions can be sealed even if the use itself would otherwise be exempt.
Where to check the rules
| Location | Where groundwater rules come from |
|---|---|
| States without their own law | CGWA guidelines, 2020, as amended |
| Uttar Pradesh | UP Ground Water (Management and Regulation) Act, 2019 |
| Haryana | Haryana Water Resources Authority under the 2020 Act |
| Punjab | Punjab Water Regulation and Development Authority under the 2020 Act |
| Karnataka | Karnataka Ground Water Act, 2011, in notified areas |
| Andhra Pradesh and Telangana | Water, Land and Trees Act, 2002 |
| Maharashtra | Maharashtra Groundwater Act, 2009 |
Before relying on an exemption
- Do you know the exact quantity you draw each day?
- Is your use domestic, agricultural, commercial or industrial?
- Does your state have its own groundwater law?
- Is your block over-exploited or critical?
- Are there local orders on new borewells near drinking water sources?
- Would a change in your business take you outside the exemption?
Frequently Asked Questions
Do farmers need a groundwater NOC?
Agricultural use is generally exempt under the CGWA guidelines.
Do households need an NOC?
Individual domestic use is generally exempt, but some states require registration.
Are small enterprises exempt?
Micro and small enterprises below the quantity threshold are generally exempt.
Do factories need an NOC?
Yes, generally.
Do housing societies need permission?
Generally yes, with conditions.
Is construction dewatering exempt?
No, it needs permission.
Does a CGWA exemption apply in UP?
UP has its own law; check registration requirements there.
Can exempt status change?
Yes, if your use or quantity changes.
Should I keep records if exempt?
Yes, keep meter readings and a note of your exemption.
What if I get a notice?
Reply with evidence of your exemption or apply for permission.
Unsure About Groundwater Permission?
Tell us your use and location. We will confirm whether you need permission.
This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Environmental rules, EPR targets, GRAP measures and board procedures change often, so check the current position for your unit or project before acting.
Have a question about your own case?
A guide can only go so far. Send us the notice, the order or a few photos, and we'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.
