Participatory Ground Water Management in AP

1. Participatory Ground Water Management in AP Draft Outline Of the legal framework emerging following discussions with the Principal Secretary, RD, Govt of AP on 10th August. Comments/ discussion invited: send to Ravindra (raviwn@gmail.com) and/or Ramachandrudu (duram123@gmail.com), WASSAN groundwater-ap@googlegroups.com

2. The legal framework entails… • Efforts are made to make the community aware of the groundwater resources in their habitations/ GPs. • Participatory groundwater monitoring systems are established in each Gram Panchayat. • The GP draws out a comprehensive groundwater recharge plan • GW Management Norms are evolved at habitation, approved at the Gram Sabha level and GP. These GW Management Norms are synthesised into a WATER SECURITY PLAN to be submitted and approved by the GW Council • Each habitation / GP draws out a GW Management Plan for investment.

3. Over all Institutional Structure for GW Governance Ground Water Council Supported by an Executive and a Legal Arms Habitations  GP1 Habitations  GP2 Resource Organisation Habitations  GP3 Habitations  GP4 ZillaParishad GW Department

4. Institutional Structure : At GP Level Resource Organisation Habitations Gram Sabha  GP Habitations • Management: • Evolves a habitation level GW Management Plan – develop a list of norms of GW management  submits to GW Council and get its approval Habitations Habitations GP level Ground Water Sub-Committee / council (legal provision for this): • Regulatory Actions: • Receives complaints related to violations of approved norms • Evolves a habitation level GW Management Plan – develop a list of norms of GW management • Confirms the violation and take action: • A) peer pressure and if not resolve, • B) seize the well (cap etc...) / file an FIR • Any grieviences can be reported by individual to the GW Council • Gives mandatory permission for drilling (to the machine) • Annual awards for the Best GW Management for GPs • GW Council approved Management plan a prerequisite for govt investments on GW (micro irrigation, recharge etc.) Make violations a cognisible offence

5. GP Level Notes: • Whenever violation is observed the GP GW Council can confirm violation and put ‘peer pressure’ – some way of reconciliation without compromise. This is the first order mechanism for redressing the issue. • Any violation of the GP -approved GW management norms must be treated as ‘cognisible offence’ under some IPC section…and the provision may be invoked in the event of confirmed (by Council) and unsettled (within GP) violation of norms. • The GP can file the complaint with the legal arm of the GW Council for taking legal action which includes capping of the borewell (can this be done by GP itself?), suspending the electricity connection, etc. • The aggrieved party has an option of representing to the GW Counsel for redressal. He/she first files complaint with GP and in case it is not addressed within 7 days – can appeal to GW Counsel. Dilemmas: • What are the mechanisms that can enabling settling of issues/ enforcement within the GP? Is what has been described adequate? • Vesting more legal powers with state – does it become counterproductive are give rise to several political vendettas? • Does it harm the up-coming poor who are awaiting groundwater access? • In the extreme situations of dispair (such as a crop / plantation being dried out due to borewell failure) does these provisions lead to conflict and desperation. • Can the GW Council handle the ‘work load’?

6. Institutional Structure : GW Counsel at Sub-Divisional Level • Executive Arm of GWC: • Full time Officer • Technical Person • Assessment of violations (can be outsourced) • Maintain database on groundwater with help from GW department (regular updation) • Supported by a cadre of Para-GW Professionals paid on task basis • Legal Arm of GWC: • Annual Social Audit • Registering Violations of GP level approved norms • Commission – assessment of violations • Action at 2 levels: • Facilitating GP to deal with violations • If not resolved / GP not acted upon, invoke the provisions of the legislation & take action Ground Water Council At a larger cluster level / SDO level Convenor: Sub Divisional Magistrate General Body: GP Sarpanches –of all OE/Cr /SE villages as members Professors – from the area* • Resource Organisation • Supports GP to prepare GW management plan • Capacity building • Institution development • Conflict resolution • Develops the Para-GW Professionals ZillaParishad GW Department * Membership in GWC to be decided on the principles of – no selection, no election but representation from GPs

7. GW Counsel level Assessment of GW Management Norms • The GW Counsel will assess the GW Management Plans / Water Security Plans of the GPs. The assessent will be made on • a) technical aspects • b) against the management requirements for GW. • These requirements vary w.r.t to seriousness of the crisis. In overexploited villages the requirements will be more stringent. • these basic requirements will be provisioned in the legislation. • Access to resources by the households not having access to groundwater must be protected and ensured – the equity principles and provisions must be worked out • The legislation must force borewell owners to share groundwater with households not having access – this must be resolved in the Gram Sabha in case the GP is opting for regulating further drilling. • There must be ‘emergency response’ protocols.

8. Notes on GW Counsel: • Provision for the GW Counsel will be created in the legislation • The Counsel backstops GP in three functions a) providing technical support in the formulation of norms b) enforcement of norms c) providing a window for redressal of grievances of individuals. • In addition, it will have a mandatory role of auditing the performance of GPs in the management of GW using annual social audit on violations, status etc. • Making ‘violations’ a cognigible offence and invoking ‘revenue codes’ are the two main instruments for ‘last resort ‘actions. • The Counsel will also approve investment plans of any department related to groundwater and source investments for better GW management to better performing GPs. • Does the GW Counsel give licence for ‘borewell drills’? Or would it be vested in District..?? • GW Counsel can seize drilling vehicles in case of violations. • Prior information on drilling by the GP- a mandatory requirement? • Is it possible / necessary for Transco to seek approval of the GP-GW committee before issuing electricity connection to borewell?

9. Notes on GW Counsel: contd.. • GW Counsel shall maintain a detailed database on groundwater. • GIS based groundwater data base with GPS points for each borewell and a log of the data- be maintained. • Participatory Hydrology Monitoring (PHM) be institutionalised at GP level. The data flows to GW Counsel and is maintained there (SMS- based data logging). The Para-GW Professionals can be of immense use in this exercise providing competent hands required in the process. • PHM over years can generate useful databases for management.

10. Human Resources for GW Management • The GW Consel has to be adequately staffed. • It is time that the society invests on ‘GW Management’ as >50% irrigated areas is under the highly stressed ground water resources. • GW managemnet must receive management/ administrative investments. • The legal and admn arms of the Counsel and their technical capacities are important . • Can there be a pool of “Para-GW professionals” – two such trained persons in every GP (a certificate course for 10+) on basics of GW? These can be accessed by the GW Counsel and GPs for any technical assessments. Such examples are available (for e.g., ACT in Bhuj, Gujarat)

11. Revenue Generation for GW Management • The annual revenue requirements need to be assessed. • Revenue must be generated at the GP level for its own functions, including task based payment to the Para-GW Professional. • A ‘cess’ on each borewell – say about Rs.500 per borewell annually (we need to identify the services that the GP provides against this in addition to Goverance).

12. Investments on GW Management • The state government will allocate budgets for GP to develop and manage groundwater. • The investments can be on increasing water use efficiency including promotion of water efficient practices like SRI, micro-irrigation, pooling of borewells, total recharge, improving organic matter in soils for better moisture conservation, diversification etc. as arrived at by the GP. • The approval of ‘GW Management Plan’ with norms as per the criticality of the situation is a precondition for accessing these investments. • The state government will also institute GW Management Awards (in the lines of Nirmal Gram Puraskar Yojana) for best (GW) managed GPs.

13. Powers • Gram Sabha/ GP  Recommendation • Counsel  assessment and approval

14. Delinking GW from Land rights • Is this possible constitutionally? Can GW be treated like minerals, where the ownership does not lie with the land owner. • Can GW be identified as an ‘asset of the Community or gram panchayat’ or trustee-ship? • Can the rights be delinked with prospective effect (not retrospectively) - • Fraught with many complications…

15. Issues/ concerns • GW Council at SDO level – too distant and increases transaction costs (both for farmers and also admn) and HR deployment to deal with larger area. (can GW para-workers be a solution?) • … • …

16. Phasing of the program… 6months PHASE 1 • Community awareness Groundwater recharge plan GP Evolves GW Management Norms (WATER SECURITY PLANS) • Participatory Groundwater monitoring systems are established Approval and implementation 1yr Data & Comprehensive Understanding of Groundwater resources in the community Water Security Plans (with Management Norms) submitted and approved by the GW Council PHASE 2 6 months Each habitation / GP draws out a GW Management Plan for investment. Total : 1.5 to 2 years