ILLEGAL EXTRACTION OF GROUNDWATER

ILLEGAL EXTRACTION OF GROUNDWATER

RASHI SRIVASTAVA 

BACKGROUND

Groundwater is the water present beneath Earth's surface in soil pore spaces and the fractures of rock formations. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. The depth at which soil pore spaces or fractures and voids in rock become completely saturated with water is called the water table. Groundwater is recharged from and eventually flows to the surface naturally; natural discharge often occurs at springs and seeps and can form oases or wetlands. Groundwater is also often withdrawn for agricultural, municipal, and industrial use by constructing and operating extraction wells. The study of the distribution and movement of groundwater is hydrogeology, also called groundwater hydrology.

Typically, groundwater is thought of like water flowing through shallow aquifers, but, in the technical sense, it can also contain soil moisture, permafrost (frozen soil), immobile water in very low permeability bedrock, and deep geothermal or oil formation water. Groundwater is hypothesized to provide lubrication that can influence the movement of faults. Much of Earth's subsurface likely contains some water, which may be mixed with other fluids in some instances. Groundwater may not be confined only to Earth. The formation of some of the landforms observed on Mars may have been influenced by groundwater. There is also evidence that liquid water may also exist in the subsurface of Jupiter's moon Europa. Groundwater is often cheaper, more convenient and less vulnerable to pollution than surface water. Therefore, it is commonly used for public water supplies. For example, groundwater provides the largest source of usable water storage in the United States, and California annually withdraws the largest amount of groundwater of all the states. Underground reservoirs contain far more water than the capacity of all surface reservoirs and lakes in the US, including the Great Lakes. Many municipal water supplies are derived solely from groundwater.

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MAIN ISSUE (ILLEGAL EXTRACTION OF GROUNDWATER)

The Central Pollution Control Board has in its most recent report on ‘Assessment of Environmental Compensation in case of illegal extraction of groundwater’ submitted before the National Green Tribunal recommended Environmental Compensation for groundwater (ECGW) for different classes dependent on unlawful extraction of groundwater in OCS (Over-abused, Critical and Semi-basic) and safe territories. The report stated, "For drinking/residential purposes, least EC proposed a Rs 10,000(for family units) and Rs 50,000 (institutional action, business edifices, townships and so forth.). For modern movement, least EC is proposed a Rs 1, 00,000." The report further recommends that "The rate of Environmental Compensation for local and drinking purposes for the individual family unit will be charged at the rate of Rs 100 every day for OCS (Over-exploited, Critical and Semi-critical) categories. Correspondingly, for safe classification, the EC rate will be charged at Rs 50 every day. Least natural remuneration for the family unit will be Rs 10,000." The formula for calculating environmental compensation is:

ECGw= Water consumption per day*Environmental Compensation rate for illegal extraction of groundwater (ECRGw)*No. of Days*Deterrent Factor

The water consumption would be in Cubic meter per day and the ECRGw in Rupees per cubic meter.

EC is founded on the unlawful extraction of groundwater in OCS (Over-exploited, Critical and Semi-critical) and safe regions. The rate of condition remuneration will increment as the criticality of groundwater accessibility in the region increments or measures of groundwater extraction increments. The report which prescribes a base fine of Rs 1 lakh for every single such unit says, "The exercises, for example, bundling drinking water, mining, modern and others attract groundwater to increase the value of the items produced. Subsequently, these exercises pull in stricter arrangements of discouragement and intergenerational value." The report came to be submitted in a cluster of petitions moved by activists, for example, Vikrant Tonga who has been reliably battling against illicit and oblivious extraction of groundwater by occupants, developers, and different enterprises.

CONCLUSION

The Tribunal was of the view that the report did not manage OCS regions where illegal extraction of groundwater and consumption of it influences the subterranean stream and results in pollution of groundwater and furthermore represents a potential risk for evaporating of significant characteristic asset infringing upon the built-up rule of "Intergenerational Equity".

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