What is CGWA?

Although Water is a State subject, the regulation of ground water abstraction is being done at both Central and State levels. This also applies to Assam, where CGWA NOC is required for groundwater extraction as per central guidelines. At the central level, Central Ground Water Authority (CGWA) constituted in January 1997 under sub-section (3) of Section 3 of the Environment Protection Act 1986 as per direction of Hon’ble Supreme Court of India, has been vested with responsibility for regulation and control of groundwater development and management.

CGWA has been granted the powers to, amongst others, regulate and control, manage and develop ground water in the entire country and to issue necessary directions for this purpose. The Authority regulates in 20 States/ UTs (14 States/ UTs. Assam is one of the states where NOC from CGWA is mandatory before groundwater abstraction for industrial or infrastructure purposes. Have their own Acts and 2 States are regulating under some GO). In these States, NOCs for ground water withdrawal are granted by the respective SGWAs or designated authority.

CGWA regulates ground water development and management by issuing 'No Objection Certificates' (NOC) for ground water extraction to industries or infrastructure projects or Mining Projects etc.

No Objection Certificate CGWA

The Powers of CGWA (Central Ground Water Authority)

The Authority has been conferred with the following powers and functions:

• Exercise of powers under section 5 of the Environment (Protection) Act, 1986 for issuing directions and taking such measures in respect of all the matters referred to in sub-section (2) of section 3 of the said Act.
• To resort to penal provisions contained in sections 15 to 21 of the said Act.
• To regulate and control, management and development of ground water in the country and to issue necessary regulatory directions for the purpose.C
• Exercise of powers under section 4 of the Environment (Protection) Act, 1986 for the appointment of officers.

CGWA NOC For Water Boring & Tube Well

Central Ground Water Authority(CGWA) is a statutory body of India under Section 3 of the Environmental (Protection) Act 1986, for regulating groundwater abstraction, its usage, and monitoring. The authority functions by, Issuing No Objection Certificates

CGWA has issued Guidelines from time to time for evaluation of proposals/requests for ground water abstraction with the objective of ensuring sustainability of ground water both in terms of quantity and quality, looking into the variations in availability of water in different climatic regions and diverse hydro-geological conditions in various States of the country.

CGWA regulates ground water development and management, Industries and infrastructure projects in Assam must obtain CGWA NOC before initiating groundwater usage by issuing ‘No Objection Certificates’ (NOC) for ground water extraction to industries or infrastructure projects or Mining Projects etc. Necessary conditions for implementation by the proponent are laid down in the NOC issued by CGWA.

What is NOC from CGWA?

No objection certificate from central ground water authority is a legal permission In Assam, obtaining CGWA NOC is a legal prerequisite for any new or ongoing groundwater usage projects to abstract underground water from borewell and open wells As per CGWA New Guidelines 2020, all new and existing industries, infrastructure projects and mining projects abstracting groundwater will be required to obtain NOC from CGWA

The entire process of No Objection Certificate (NOC) is carried out online through a web-based application system. Bhoojal Survey provides consultancy services, to assist clients in Assam with complete documentation and application processing for CGWA NOC application as per CGWA guidelines

CGWA NOC

How to obtain NOC from CGWA ?

NOC from CGWA can be obtain through NOCAP portal

Steps for getting NOC from CGWA

• Check eligibility criteria
• Create profile on NOCAP portal
• Enter details of project and upload relevant documents for getting NOC
• Fresh NOC application fees is 10,000/-
• After successful submission of application you can track application in portal
• Application is verified by CGWA authority
• Once application is accepted NOC can be downloaded from portal

At Bhoojal Survey we provide consultancy services for getting NOC from CGWA

What are the charges for getting NOC from CGWA ?

10,000 Rs application processing fees for fresh NOC 5,000 Rs application processing fees for Renewal of NOC Applications will be accepted only after complete payment of application fee, Advance Ground Water Charges and Penalty, if any. Applicants from Assam are required to follow the same fee structure for fresh and renewal NOC applications.

Who are exempted from Getting NOC from CGWA ?

Following categories of consumers shall be exempted from seeking No Objection Certificate for ground water extraction:

• Individual domestic consumers in both rural and urban areas for drinking water and domestic uses.
• Rural drinking water supply schemes.
• Armed Forces Establishments and Central Armed Police Forces establishments in both rural and urban areas.
• Agricultural activities

These exemptions also apply in Assam as per the national guidelines by CGWA.

List of Documents required for getting NOC from CGWA ?

• Proposal for rain water harvesting/ recharge within the premises as per Model Building Bye Laws issued by Ministry of Housing & Urban Affairs.
• Completion certificate from the concerned agency for infrastructure projects requiring water for commercial use
• Details of water requirement computed as per National Building Code
• Water availabity or non availibity affidavit
• Certificate of non-availability of water from local government water supply agency in respect of all categories of assessments units for commercial use
• In cases where dewatering is involved, submission of impact assessment report is required

To know more about NOC conditions, Click Here

Above mentioned is a general list of documents required .Complete list of documents may vary for industrial , infrastructure or mining projects. The required documents for Assam-based projects may slightly vary based on local authority recommendations.

What is the Validity period of NOC from CGWA ?

NOC from CGWA has a validity period which differs on the basis of assessment unit or category the same validity rules apply to CGWA NOC Assam depending on the region's categorization in which industry falls

Below table provides detail on NOC validity period:

Note: For projects applying for CGWA NOC in Assam, validity will be based on the assigned groundwater assessment category of that region.

What is categorization of assessment units by CGWA ?

The Assessment Units are the Blocks/Mandals/Taluks/Firkas in Assam, assessment units are defined similarly, and categorization impacts the NOC approval and renewal process, which are considered as units for ground water resources assessment.

The Assessment Units are categorized on the basis of Stage of Ground Water Development and long term water level trend. You can find categorization details for Assam on the CGWB or NOCAP websites.

Assessment units are categorized in 4 areas:

• Safe area: Area categorized as SAFE from the ground water resources point of view, based on the latest ground water resources assessment carried out jointly by CGWB and State ground water organizations.
• Semi-critical area: Area categorized as SEMI-CRITICAL from the ground water resources point of view, based on the latest ground water resources assessment carried out jointly by CGWB and State ground water organizations
• Critical area: Area categorized as CRITICAL from the ground water resources point of view, based on the latest ground water resources assessment carried out jointly by CGWB and State ground water organisations.
• Over-exploited area: Area categorized as OVER-EXPLOITED from the ground water resources point of view, based on the latest ground water resources assessment carried out jointly by CGWB and State ground water organisations. Details available on the websites of NOCAP and CGWB on categorization of assessment units

To know more about Categorization, Click Here

What is Ground water abstraction/ restoration charges ?

Ground water abstraction charges are charges to be paid Industries and infrastructure projects in Assam also need to pay abstraction charges based on CGWA norms of ground water while applying for NOC from CGWA

Ground water charges differ on basis of quantum of total water abstracted and type of assessment unit an industry , infrastructure project falls into

All industries/mining/ infrastructure projects drawing ground water in safe, semi-critical and critical assessment units will have to pay ground water abstraction charges based on quantum of ground water extraction and category of assessment unit as per CGWA guidelines

Existing industries, infrastructure units and mining projects which have installed/constructed artificial recharge structures in compliance of the conditions prescribed in the groundwater guidelines prevailing at the time of grant of No Objection Certificate or its renewal shall be eligible for a rebate of 50% (fifty percent) this rebate also applies to compliant units in Assam in the ground water abstraction charges/ground water restoration charges, subject to their satisfactory performance and verification.

To know more about Abstraction Charges, Click Here

What are general compliance conditions after getting NOC from CGWA ?

General compliance conditions in No Objection Certificate:

• Installation of digital water flow meter with telemetry on Borwells
• Calibration fo flow meter on yearly basis from an authorized agency
• Rainwater harvesting structure implementation
• Construction of purpose-built observation wells (piezometers) for ground water level monitoring
• Ground water quality test.

Above mentioned are general compliances to be followed after getting NOC from CGWA . Bhoojal survey provides consultancy services for working on compliances and supports clients in Assam for compliance management after CGWA NOC approval.

What is renewal of NOC from CGWA ?

No objection certificate awarded from Central ground water authority has a validity period and renewal of certificate is to be filed prior expiry of Validity of NOC from CGWA. For CGWA NOC Assam, timely renewal is essential to maintain legal compliance and water abstraction rights.

Renewal of NOC is awarded on the basis of successful compliance of all the conditions mentioned in NOC. Bhoojal Survey provides consultancy services for renewal of NOC from CGWA.

What are the conditions for No objection certificate renewal ?

No objection certificate shall be renewed periodically, subject to the compliance of the conditions mentioned therein

• The applicant shall apply for renewal this applies equally to NOC holders in Assam under CGWA guidelines of No Objection Certificate at least ninety days prior to expiry of its validity
• Application for renewal of No Objection Certificate shall be accompanied by the Compliance Report
• Before granting renewal, Central Ground Water Authority or State/ Ut Authority shall satisfy itself that the conditions of No Objection Certificate have been complied with

CGWA NOC Renewal Certificate

What is the Validity period of NOC from CGWA ?

NOC from CGWA has a validity period which differs on the basis of assessment unit or category in which industry falls

Below table provides detail on NOC validity period:

Documents required for renewal of NOC from CGWA ?

• Affidavit on compliance of NOC conditions for renewal cases
• Self compliance report
• Impact assessment report
• Approval from wet land authority
• Application fees receipt
• Water non availability certificate

Industries and infrastructure projects in Assam applying for CGWA NOC renewal must also submit these documents as per the guidelines.

What is Environment compensation in NOC from CGWA ?

Extraction of ground water for commercial use by industries, infrastructure units and mining projects without a valid No Objection Certificate from appropriate authority shall be considered illegal and such entities shall be liable to pay Environmental Compensation for the quantum of ground water so extracted. This includes projects in Assam operating without a valid CGWA NOC.

What is digital water flow meter with telemetry?

Digital Water Flow meters is a device used to measure the flow rate of water or steam flowing through a pipe.

Digital flow meter is connected at the delivery pipe in Assam, installation of digital water flow meter with telemetry is also a mandatory CGWA compliance for NOC holders of borewell to determine flow rate of water and total water abstracted from a borewell.

The telemetry system installed along with digital water flow meter has Data Management Software capable of running on a standard PC

Data Collection Unit or telemetry system is capable of taking data from meter, pump etc. and posting in Data Management Software.

Telemetry system will ensures water meter real time data which is quantum of withdrawal of groundwater can be accessed by CGWA

Mandatory Compliance conditions:

• Installation of tamper proof digital water flow meter with telemetry on all the abstraction structure(s) shall be mandatory for all users seeking No Objection Certificate and intimation regarding their installation shall be communicated to the CGWA within 30 days For CGWA NOC Assam, these conditions must be followed strictly for compliance verification of grant of No Objection Certificate.
• Proponents shall mandatorily get water flow meter calibrated from an authorized agency once in a year.
• Construction of purpose-built observation wells (piezometers) for ground water level monitoring shall be mandatory as per Section 14 of Guidelines. Water level data shall be made available to CGWA through web portal. Detailed guidelines for construction of piezometers are given in Annexure-II of the guidelines.
• Proponents shall monitor quality of ground water this applies to all industrial and mining units in Assam as well from the abstraction structure(s) once in a year. Water samples from bore wells/ tube wells / dug wells shall be collected during April/May every year and analysed in NABL accredited laboratories for basic parameters (cations and anions), heavy metals, pesticides/ organic compounds etc. Water quality data shall be made available to CGWA through the web portal.
• In case of mining projects, additional key wells shall be established in consultation with the Regional Director, CGWB for ground water level monitoring four (4) times a year (January, May, August and November) in core as well as buffer zones of the mine.
• In case of mining project the firm shall submit water quality report of mine discharge/ seepage from Govt. approved/ NABL accredited lab.
• The firm shall report compliance of the NOC conditions online in the website (www.cgwa-noc.gov.in) within one year from the date of issue of this NOC.
• Industries abstracting ground water in excess of 100 m 3 /d shall undertake annual water audit through certified auditors and submit audit reports within three months of completion of the same to CGWA. All such industries shall be required to reduce their ground water use by at least 20% over the next three years through appropriate means.
• Application for renewal can be submitted online all industries in Assam must also ensure yearly audits, compliance submissions, and monitoring as per CGWA NOC conditions from 90 days before the expiry of NOC. Ground water withdrawal, if any, after expiry of NOC shall be illegal & liable for legal action as per provisions of Environment (Protection) Act, 1986.
• This NOC is subject to prevailing Central/State Government rules/laws/norms or Court orders related to construction of tube well/ground water abstraction structure / recharge or conservation structure/discharge of effluents or any such matter as applicable. In Assam, applicants must also comply with any state-specific groundwater abstraction laws or conservation policies in addition to CGWA guidelines.

CGWA NOC Compliance

General conditions:

• No additional ground water abstraction and/or de-watering structures shall be constructed for this purpose without prior approval of the Central Ground Water Authority (CGWA).
• The proponent shall seek prior permission from CGWA for any increase in quantum of groundwater abstraction (more than that permitted in NOC for specific period).
• Proponents shall install roof top rain water harvesting in the premise as per the existing building bye laws in the premise.
• The project proponent shall take all necessary measures to prevent contamination of ground water in the premises failing which the firm shall be responsible for any consequences arising thereupon.
• In case of industries that are likely to contaminate the ground water, no recharge measures shall be taken up by the firm inside the plant premises. The runoff generated from the rooftop shall be stored and put to beneficial use by the firm.
• Wherever feasible, requirement of water for greenbelt (horticulture) shall be met from recycled / treated waste water.
• Wherever the NOC is for abstraction of saline water and the existing wells (s) is /are yielding fresh water, the same shall be sealed and new tubewell(s) tapping saline water zone shall be Constructed within 3 months of the issuance of NOC. The firm shall also ensure safe disposal of saline residue, if any.
• Unexpected variations in inflow of ground water into the mine pit, if any, shall be reported to the concerned Regional Director, Central Ground Water Board.
• In case of violation of any NOC conditions, the applicant shall be liable to pay the penalties as per Section 16 of Guidelines.
• This NOC does not absolve the proponents of their obligation / requirement to obtain other statutory and administrative clearances from appropriate authorities.
• The issue of this NOC does not imply that other statutory / administrative clearances shall be granted to the project by the concerned authorities. Such authorities would consider the project on merits and take decisions independently of the NOC.
• In case of change of ownership, new owner of the industry will have to apply for incorporation of necessary changes in the No Objection Certificate with documentary proof within 60 days of taking over possession of the premises.
• This NOC is being issued without any prejudice to the directions of the Hon’ble NGT/court orders in cases related to ground water or any other related matters.
• Proponents, who have installed/constructed artificial recharge structures in compliance of the NOC granted to them previously and have availed rebate of upto 50% (fifty percent) in the ground water abstraction charges/ground water restoration charges, shall continue to regularly maintain artificial recharge structures.
• Industries which are likely to cause ground water pollution e.g. Tanning, Slaughter Houses, Dye, Chemical/ Petrochemical, Coal washeries, pharmaceutical, other hazardous units etc. (as per CPCB list need to undertake necessary well head protection measures to ensure prevention of ground water pollution as per Annexure III of the guidelines.
• In case of new infrastructure projects having ground water abstraction of more than 20 m3/day, the firm/entity shall ensure implementation of dual water supply system in the projects.
• In case of infrastructure projects, paved/parking area must be covered with interlocking/perforated tiles or other suitable measures to ensure groundwater infiltration/harvesting.
• In case of coal and other base metal mining projects, the project proponent shall use the advance dewatering technology (by construction of series of dewatering abstraction structures) to avoid contamination of surface water.
• The NOC issued is conditional subject to the conditions mentioned in the Public notice dated 27.01.2021 failing which penalty/EC/cancellation of NOC shall be imposed as the case may be.
• This NOC is issued subject to the clearance of Expert Appraisal Committee (EAC) (if applicable).
• In the self-compliance report, the PP shall submit details of Drilling Agency/ Agencies, which has/ have constructed BW(s)/ TW(s) along with undertaking to the effect that all necessary measures have been taken as per directions of Hon’ble Supreme Court provided in Annexure-VII of guidelines dated 24.09.2020 in respect of abandoned/ failed BW(s)/ TW(s)/Piezometer(s), if any. The PP is advised to engage registered drilling agency/ agencies. In the event of any mishap/ unfortunate incident due to negligence in taking measures for prevention of accident due to falling in Bore Well, both PP and concerned drilling agency shall jointly be held responsible and penal action as per extant Government rules shall be taken.

(Non-compliance of the conditions mentioned above is likely to result in the cancellation of NOC and legal action against the proponent.)

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NOC CGWA Certificate Sample

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