Who owns groundwater?
By T.N. Narasimhan The Hindu | May 3, 2005 http://www.hindu.com/2005/05/03/stories/2005050302331100.htm (The writer is Professor, Materials Science and Engineering Environmental Science, Policy and Management, University of California at Berkeley.) Water should be held in public trust for the benefit of society at large. AS INDIA grows economically, its groundwater resources are particularly stressed. Groundwater is being commercially pumped in large quantities from areas surrounding cities such as Chennai and Bangalore to satisfy metropolitan water needs. Reportedly, overdraft has led to alarming declines in groundwater levels in some areas. As concerns mount about groundwater depletion, an inevitable question arises, "who owns groundwater?" To rationally discuss this question, it is useful to examine how this issue has been faced elsewhere in the world. In this regard, much can be learned from California's water experience. California, situated on the west coast of the United States, is a large State, occupying about one-eighth the land area of India. Its climate, landscape, flora and fauna are as diverse as those of India. At the time of Statehood in 1850, the new settlers of California had a vision of prosperity, and the State grew and thrived through exploitation of a vast land, untouched by an industrialised society. Nascent California's laws were designed to foster this vision by granting appropriative water rights to those who used water. At that time, very little scientific knowledge existed about groundwater. The courts believed that groundwater was mysterious and occult, not amenable to rational understanding. In this atmosphere, groundwater came to be treated as private property of the overlying land owner. With the introduction of the electric motor and the deep-well pump at the turn of the twentieth century, groundwater extraction escalated. Over much of California, well water levels dropped dramatically, well productivities tumbled, and problems of saltwater intrusion and land subsidence emerged. Meanwhile, the birth of the new field of groundwater hydrology established that groundwater conformed to physical laws, and that its behaviour was amenable to rational understanding. By the 1920s, Californians recognised that rights without responsibilities were untenable. In 1928, they amended the State's Constitution to incorporate public trust. The central theme of the public trust doctrine is that water is owned by the people, and that the State holds the water in trust for the people. All users of surface water in California must seek permit from the State, which has declared that water shall be put to beneficial use, without waste. Because of economic and political pressures, public trust has had limited success in California. Legally, public trust is limited to surface water (especially navigable waters), contrary to available scientific knowledge that surface water and groundwater are intimately interconnected. Nevertheless, many communities such as Santa Clara County and Orange County have established public ownership of water within their watersheds, and have implemented integrated management of surface water and groundwater. In the U.S., "county" is the administrative equivalent of India's "district". Presently, groundwater is treated as property of the overlying land owner in many parts of California. But, as population pressures rise, stresses on the environment mount, and the potential for long-term drought looms, science points out that groundwater cannot be separated from surface water. Gradually, groundwater is being recognised in California as being within the spirit of public trust, if not within its legal scope. Legislative actions are being taken to encourage integrated management, programmes for conjunctive use of surface water and groundwater, and establishment of monitoring stations. If one looks at the Chennai and Bangalore metropolitan areas, the groundwater situation is analogous to that of California a century ago. Economic considerations are driving groundwater extraction. Because of the hard-rock geological conditions of these areas, surface water and groundwater are intimately interlinked. The people of these areas would gain much by following the lead of communities such as Santa Clara County and Orange County to develop plans for integrated management of surface water and groundwater, complemented by artificial recharge, conjunctive use, conservation strategies, and public education. >From what we know of groundwater occurrence, it is unwise to engage in uncontrolled groundwater extraction. Although overdraft may initially provide some short-term relief, long-term societal costs will be high. India has historical traditions of having respect and reverence for water and nature. Remarkably, the western doctrine of public trust is philosophically quite compatible with India's cultural past. India needs to formally recognise the importance of water and have the will to articulate it. The judiciary and the government must have necessary authority to ensure that surface water and groundwater are managed wisely for the benefit of the people. A logical first step is to amend India's Constitution to incorporate public trust in regard to water in a form that is compatible with the country's cultural history. ------------------------ Yahoo! Groups Sponsor --------------------~--> What would our lives be like without music, dance, and theater? 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