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CGWA NOC: filing, compliance and avoiding penalties

For industries, mines and infrastructure projects: what to file, how to stay compliant, and how to avoid penalties and EC.

Three things every client asks us: what do we need to file, what do we have to do once the NOC is granted, and how do we stay clear of penalties and environmental compensation. This page follows the CGWA consolidated guidelines (notification of 24.09.2020 with the amendment of 29.03.2023). Clause numbers refer to those guidelines.

Who needs a NOC, and who is exempt

All new and existing industries, industries seeking expansion, infrastructure projects and mining projects that abstract groundwater need a NOC from CGWA or the State/UT authority. The whole process is online.

Exempt (cl. 1.0): individual households for drinking and domestic use; rural drinking water schemes; armed forces and CAPF establishments; agriculture; micro and small enterprises drawing less than 10 m³/day; industries, mines and infrastructure drawing up to 5 m³/day only for drinking and domestic use; residential apartments and group housing drawing up to 20 m³/day for drinking and domestic use.

Near a wetland (cl. 8.0): projects within 500 m of a demarcated wetland must show that abstraction will not affect it, and take consent from the Wetland Authority before applying.

Industry

1

Before you apply: what to file

CGWA grants groundwater only where public supply cannot meet your need, and only after it sees the impact on the aquifer. The documents prove both.

Documents (cl. 4.1)

  • Up to 10 m³/day: affidavit on Rs 10 non-judicial stamp paper that public supply is not available
  • Above 10 m³/day: certificate from the local water supply agency that fresh or treated water is not available, or only partly
  • New project: Consent to Establish, Environmental Clearance or other statutory proof
  • Rainwater harvesting plan or recharge proposal (Model Building Bye Laws)
  • Saline groundwater: quality data from an NABL or government laboratory
  • Site map, wells, water balance and conservation plan (Annexure IV)

Impact Assessment Report + 5 km model

Needed, by an accredited consultant, when abstraction is above:

Assessment unitAream³/day
Over-exploited, critical, semi-criticalAny100
SafeHard rock500
SafeAlluvium2,000

Analytical or numerical model as per the CGWA modelling SOP (cl. 4.1(f)). Check your site →

Over-exploited unit? No NOC for a new industry unless it is an MSME, and no expansion that increases abstraction. Drinking, domestic and green belt use is still allowed.
2

After the NOC: what to do, and when

Every condition leaves a record on the CGWA portal. At renewal, CGWA checks these records first (cl. 11.0(ii), (iii)).

Within 30 daysFit a tamper-proof digital flow meter (or prepaid meter) with telemetry on every well, or at a common outlet, and inform CGWA on the portal (cl. 9.0(i)).
Every dayRecord withdrawal in the logbook.
Every monthUpload piezometer water levels. A piezometer is needed above 100 m³/day in hard rock or 500 m³/day in alluvium, at least 15 m (hard rock) or 50 m (alluvium) from the pumping well. In notified industrial areas, CGWB builds it (cl. 4.1(iv), Section 14).
Every yearCalibrate meters. Sample groundwater in April–May and test at an NABL lab. File the self-compliance report. Maintain recharge structures and upload photos.
Every 2 yearsAbove 100 m³/day: water audit by a CGWA-approved certified auditor, submitted within 3 months. Cut groundwater use by 20% over 3 years (cl. 4.1(iii)).
Every 3 yearsRenew the NOC (2 years in over-exploited units). Apply 90 days before expiry with the compliance report (cl. 11.0).
If ownership changesApply for changes in the NOC within 60 days (cl. 9.0(ix)).
3

Avoid penalties and EC: don't do these

  • Pump before the NOC, or after it expiresEC, min Rs 1 lakh
  • Apply for renewal more than 3 months after expiryEC for lapsed period
  • Run an undeclared or extra borewell (each)Rs 2 lakh
  • Missing or faulty flow meter or telemetryRs 2 lakh
  • No piezometer / faulty DWLR or telemetryRs 2 lakh / 1 lakh
  • Recharge structures not built / not maintainedRs 5 lakh / 2 lakh
  • Inject wastewater into the aquiferRs 10 lakh + clean-up
  • Skip the self-compliance reportRs 1 lakh
  • Skip water level or quality data, logbook or photos (each)Rs 50,000

Mine

1

Before you apply: what to file

Mines are location-specific, so NOCs are allowed even in over-exploited units. CGWA wants to know how much water the pit will draw, year by year, and what it does to village wells.

Documents (cl. 4.2)

  • Mining plan approved by the government agency
  • Rainwater harvesting or recharge proposal, as feasible in the mine
  • New project: Consent to Establish, Environmental Clearance or other statutory proof

Comprehensive Hydrogeological Report

  • Groundwater conditions in core and buffer zones
  • Depth-wise, year-wise and bench-wise mine seepage as per the mine plan
  • Impact of dewatering on the groundwater regime, and socio-economic impact
  • Reuse, recycling, recharge and measures to cut pumping
  • By an accredited consultant, Annexure V format; modelling as per the CGWA modelling SOP
2

After the NOC: what to do, and when

Within 30 daysFlow meters with telemetry on dewatering pumps and wells; inform CGWA (cl. 9.0(i)).
Every dayUse the pit water: irrigation, dust suppression, mining process, downstream recharge or river e-flows, after treatment (cl. 4.2(i)). Keep the withdrawal logbook.
Every monthRead the piezometers along the lease periphery (needed above 100 m³/day), tapping the aquifer villages use, plus the core and buffer wells in the NOC (cl. 4.2(ii), (iii)).
Every yearTest mine seepage and discharge water at an NABL lab and submit with the self-compliance report (cl. 4.2(v)). Calibrate meters; sample wells in April–May.
Every 2 yearsRenew the NOC. Apply 90 days before expiry with the compliance report (cl. 11.0).
Coal and base metalDewater in advance through a series of wells, so surface water is not contaminated (cl. 4.2(iv)).
3

Avoid penalties and EC: don't do these

  • Dewater without a valid NOC (EC rate Rs 15–150/m³ × days × deterrence)EC, min Rs 1 lakh
  • Apply for renewal more than 3 months after expiryEC for lapsed period
  • No piezometer around the pitRs 2 lakh
  • Missing or faulty flow meter on dewatering pumpsRs 2 lakh
  • Recharge structures not builtRs 5 lakh
  • Skip seepage quality data or the self-compliance reportRs 50,000 / 1 lakh

Infrastructure, real estate and townships

1

Before you apply: what to file

Take the NOC before work starts, for construction water or for dewatering basements, tunnels and underpasses (cl. 4.3). Dewatering can lower water levels and cause land subsidence nearby, so CGWA wants a model first.

Documents (cl. 4.3)

  • Safe and semi-critical units: affidavit on Rs 10 stamp paper that no other source is available for construction
  • Critical and over-exploited units: certificate that treated sewage water is not available within 10 km
  • Commercial use: non-availability certificate from the water supply agency, NBC 2016 water requirement, completion certificate
  • Rainwater harvesting plan; building plan approval for new projects

Impact Assessment Report + 5 km model

  • Mandatory wherever there is dewatering, whatever the quantity
  • Pumping plan and use of the pumped water
  • Risks such as water level decline and land subsidence, and how you will manage them
  • By an accredited consultant
Over-exploited unit? Construction water from groundwater only if no treated sewage is available within 10 km. No NOC for water parks, theme parks or amusement parks.
2

After the NOC: what to do, and when

From day oneDigital flow meter on the dewatering discharge; upload data on the portal and keep records for 2 years (cl. 4.3(i)).
During buildingSTP if the project needs more than 20 m³/day; dual water supply; perforated or interlocking tiles on paved and parking areas (cl. 4.3(ii), 17.0).
Every monthPiezometer water levels, where abstraction exceeds 100 m³/day (hard rock) or 500 m³/day (alluvium).
Every yearCalibrate meters, test water quality in April–May, file the self-compliance report.
Before it endsA dewatering NOC runs for the period in your proposal (cl. 4.3(iii)). Drinking and domestic use: renew every 5 years (2 in over-exploited units), 90 days ahead.
3

Avoid penalties and EC: don't do these

  • Let the contractor start dewatering before the NOC (the owner pays)EC, min Rs 1 lakh
  • No flow meter on the dewatering dischargeRs 2 lakh
  • No piezometer where requiredRs 2 lakh
  • Rainwater harvesting not builtRs 5 lakh
  • Unregistered water tankersRs 5 lakh
  • Skip data uploads or the self-compliance reportRs 50,000 / 1 lakh

Conditions in every NOC (cl. 9.0)

  • Tamper-proof digital water flow meter or prepaid meter with telemetry on every abstraction structure, or at a common outlet if there are several wells. Tell CGWA on the portal within 30 days of the NOC. Calibrate it once a year.
  • Rooftop rainwater harvesting and recharge.
  • Groundwater quality tested once a year: samples in April–May, at an NABL laboratory, for major ions, heavy metals and pesticides or organic compounds. Upload on the portal.
  • Water level data from piezometers on the portal.
  • A defunct well may be replaced under intimation, and the old one sealed (Annexure VII). A new well elsewhere in the premises needs prior permission; at another site, a fresh NOC.
  • Green belt water from recycled or treated wastewater wherever feasible.
  • Change of ownership: apply for changes in the NOC within 60 days.
  • Daily withdrawal logbook, and the self-compliance report filed online (cl. 17.0(vii)).

Renewal and extension

UseSafe, semi-critical, criticalOver-exploited
Industries3 years2 years
Mines2 years2 years
Infrastructure for drinking and domestic use, urban water supply agencies5 years2 years
  • Apply for renewal at least 90 days before expiry, with the compliance report (cl. 11.0(i), (ii)). If you apply in time and the authority is late, the NOC is deemed extended until renewal (cl. 11.0(vi)).
  • If the assessment unit's category has changed, renewal comes with the conditions of the new category (cl. 11.0(iv)).
  • If wells could not be built within the validity for genuine reasons, apply for an extension: up to two years, once only (cl. 12.0).

Penalties and environmental compensation (EC)

Drawing groundwater without a valid NOC (cl. 15.0)

EC = groundwater used per day (m³) × EC rate (Rs/m³) × number of days × deterrence factor. The minimum is Rs 1,00,000. District Magistrates can also seal wells, cut electricity and prosecute (cl. 13.0).

EC rate, Rs/m³<200200–<1,0001,000–<5,0005,000+ m³/day
Industry, safe20304050
Industry, semi-critical406080100
Industry, critical6080110150
Industry, over-exploited80120160200
Mining / infrastructure dewatering, safe15213040
Mining / dewatering, semi-critical30456075
Mining / dewatering, critical456085115
Mining / dewatering, over-exploited6090120150

Deterrence factor (Table 15.4): 1.0 for under 2 years of illegal use. For 2–5 years, 1.25 above 5,000 m³/day. Beyond 5 years, 1.25 (under 1,000 m³/day), 1.5 (1,000–5,000) or 2.0 (above 5,000).

A renewal applied for more than three months after expiry attracts EC from the expiry date until renewal (cl. 11.0(vii)).

Breaking NOC conditions (cl. 16.0, Table 16.1)

ViolationRs
No digital flow meter with telemetry, or a faulty one2,00,000
Undisclosed or additional abstraction structure, functional or not (each)2,00,000
Undisclosed defunct or abandoned structure (each)1,00,000
Fresh groundwater reported as saline or brackish2,00,000
No piezometer2,00,000
No DWLR or telemetry, or a faulty one1,00,000
Recharge or conservation structures not built, or too small5,00,000
Recharge structures not maintained2,00,000
Injecting treated or untreated water into the aquifer (plus remediation cost)10,00,000
Water level or quality data not submitted50,000
No daily logbook, or abstraction data not submitted50,000
Photographs of recharge structures not submitted50,000
Self-compliance report not submitted1,00,000
Well drilled by an unregistered rig (each)1,00,000
Water supply tankers not registered5,00,000
False information or undertaking1,00,000

Not complying with NOC conditions can also lead to cancellation or non-renewal of the NOC (cl. 17.0(iv)). Selling groundwater without a NOC is not allowed (cl. 17.0(i)).

Simple habits that keep you clear

  • Keep one compliance calendar: meter calibration (yearly), water quality sampling (April–May), monthly water levels, self-compliance report, water audit (every two years) and renewal (90 days before expiry).
  • Match pumping to the NOC quantity every month using the meter readings.
  • Answer CGWA notices on time and in writing.

Get a compliance check for your site

Free NOC renewal reminder

Tell us when your NOC expires. We will remind you 90 days before, so the renewal is filed in time and you never draw water on an expired NOC.

Based on the CGWA consolidated guidelines: MoJS notification of 24.09.2020 (S.O. 3289(E)) with the amendment of 29.03.2023 (S.O. 1509(E)), and the CGWA modelling SOP. Where the consolidated text and the notified guidelines differ, the notified guidelines prevail. Some states regulate groundwater through their own authority. We confirm the current position for your site before you apply.

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