Uncontrolled and rapid use of water resources in absence of an effective legislation in the State has resulted in alarming situation craving for immediate attention. Depletion of ground water exacerbated with declining surface water in several areas has resulted in large sections of people remaining deprived of access to safe drinking water. In order to deal with the situation of overexploitation and water crisis in the offing, it is an impending necessity to enact an appropriate law to provide for protecting, conserving, controlling and regulating the usage of water in the State so that the water regimen becomes sustainable both quantitatively and qualitatively, especially in stressed areas.
Needless to emphasize the fact that water is a subject of the State List, listed as Entry 17 in List II of Schedule VII of the Constitution of India inter alia water supplies, irrigation and canals, drainage and embankments, water storage and water power. Over exploitation of Ground Water due to ever rising demand contemporaneous with declining surface flows due to climate change etc. predicts in no uncertain terms about the apocalyptic situation in a future that is not so far away. Contamination of ground water and surface water due to industrialization and urbanization has further exacerbated the situation as useable quantum of this precious resource, hitherto being considered as nearly free, has seen sharp decline over recent decades. Today, there is a serious threat to water security qua ground water and surface water especially access to safe water for livelihood and drinking purposes jeopardizing current as well as future generations.
Groundwater as well as Surface water is a common resource of the people of the State and it is incumbent on the State to ensure long-term sustainability of this finite and irreplaceable resource for meeting with the fundamental need of the present and future generations by effective management and conservation of the resources through a legal framework suitable to address the challenges at hand. It is, therefore, expedient to make a law for the management and regulation of Water resources of the State to ensure their judicious, equitable and sustainable utilization, management and regulation.