Baluchistan Ground Water Rights Administration Ordinance, 1978 (No. IX of 1978)

4 lhu;cH!S"JA;'< GROL1~,m \V,\'l'Ell R1GH1s .'\D~U1'1S"Ty""nJN 0RDll"-Al\l[, 1978. [P. L. l), VOL• ::X:XX-1978] 5:5 CRDINANCE IX OF 1978 BALUCHISTAN GROUND WATER RIGHTS ADMINISTRATION ORDINANCE, 1978 An Ordimmce to proi·ide for the manage{nent of Ground Water Rights in Baluchistan [Gazette of Baluchistan, Extraordinary, :'.2nd March 197S] No. Legis. 1-47/Law/71.-The following Ordinance made by the Governor of ~aluchistan on the 21st March 1978, is hereby published for gen~ral infor-: mat1on :-• Preamb/e.-Whereas it is necessary to provide for a law to regulate thei use of Ground Water and to administer the rights of vatious persons therein. And wherea.'-. the Governor is satisfied that circumstances exist whicii': render it r.ecessary to take immediate action ; '•" (d}. • 1Acquifer'• means a preambl~ geological formation that stores and transmits water. • .. (e) "Base Run-Off" means sustained or dry weather flow. In most 1tieallls base run-off. i~ composed largely of subsurface run.off. : -<i) "Depletion" means the continued withdrawal of water from a surface· . ,or'grouo4 water stream, reservoir or basin at a rate greatc r than the rate of replerisbment. • .. (g) "Abandoned Well" means any well whose use has been permanently . discooti:iued. Any well sball be deemed abandoned which is io such a state of disrepair of obtaining ground water is impractical. 3. Es1ablishmen1 andfunclions of Provi:u:ial Water Board.-(!) The1e shaU be a Provincial Water Board consisting of : •... (a) Additional Chief Secretary (Development)/Commissioner P & D • Government of Baluchistan. (b) Member, Board of Revenue, Baluchistan. (c) Secretary, Government of Baluchistan, Irrigation Department. (d) Two such other non•official members as the Provincial Government may appoint. • (2) The Government may appoint the Secretary, Government of Baluchis­ tan, Irrigation Department as the Director of Board. • (3) The tenure of the office of the non-official members in the Board will be terminated after three years. . . (4) The Government may appoint any member of the Board for a second term of three years. " (5) The Government may also make any change in the composition of the . Board whenever necessary. • - (6) The Provincial Water Board will : Now, therefo.re, in pursuance of the Proclamation of the firth day of July 1977, rea d with the Laws (Continuance in Force) Order. 1977 (C. M. L. A;" Order No. 1 of 1977) and in exercise of all powers enabling him in that • behalf~ the G(,vemor of Baluchistan is pleased to make and promulgate the following Ordinance :- . (a) Lay down policies for conservirig and developing the ground water resources in Baluchistan. (b) Make rules and regulation for use of ground water resources and · admini~tering the water rights of various persons ; 1. Short tit/~, extent and commencement.-(1} This Ordinance may be called the Baluchistan Ground Water Rights Administration Ordinance 1978. ' (2) It extends to the entire Province of Baluchistan except the Trib3:l Areas. (3) It shall come into force al once. . 2. J?efinitions.-(l} ln this Ordinance unless there is anything regugaant m the subject or context, the following terms shall be defined as under : • (a) "Provin~al Water Board" means a body consistiµg of such rnem~;.;, as may be appo1c.ted by the Government to administer the --!!round watef rights and to lay down policies for conservation and developrne'nt of ground water resources. (b) "'Distr.ict Water Committee'' means a body consisting of sui.:b official and non-offi~ial me~bers of the District as may be notified hy the Government tor carrymg out tbe functions mentioned in this Ordinanct:. (c) "Basin'· mean:- tht: surface area within a givi:n water-shed. (c) Act as a supervising and controlling authority of the various water • Committees ; (d) Work as revisional authority against the decisions of Water Com• mittees and other tribunals charged with the administration of Water rights ; • (e) Identify acquifers of ground water and declare such acquifers as it may consider necessary as Designated Ground Water Basins ; ·• (f) Such basins shall be notified by the Board in the official Gazette ; ~ (g) The Board will arrange to detennine the existing withdrawal of ground Water through tube.wells/open surface wells/persian wells/karezes or any other m~ns; ~: (h) All the existing open surfa~ wells/tube.wflls/karezes/springs and any Other device of the extracting ground water will be got registered with the Provilicial \Vater Board. • -. (i) All such registered wells/karezes/springs and other means of extracting &round water will be notified by ttie provincial \Vater Board. (j) The \Vater Board will ~lso lay dc,wo distances between \vells.'springs yoL- XXX-1978] BALUCHISTAN STATUTES 51 BALUCHISTAN GROUND WATER RIGHTS ADMN. ORDI., 1978 [P. Lb. ~ (n) The decision of the District Water <;:ommittee on an applicati?!1 sub­ and karezes within which the District Water Committees shall be allowed to initted to it for extraction of ground water wdl be governed by the dec,s100 of issue perm.its ; and .1' . the majority of the members. (k) It shall also determine the safe yield in wipcct of each basin beyond ···.' ·(o) Any person aggrieved or any order or the District Water Committee which the District Water Committee wiJI not be authorised to issue furthei· may file an appeal before the Commissioner of the Division wi1bin a period of permits. : 30 days. • 4. EstoblishmenJ 'of Water Commillee.-(l) There shall be a water corn;, ·!· (p) The provincial Water Boartl shall have the p~wet to .:all for the mittCC in cac~ District to "be constituted by the Government. • :record or any case relating to the ':{a ter ngbts pcu~1og either l?efor~ the (a) The Committee shall consist of Deputy Commissioner, Execuiivc District Water Committee or the Com~1ss1oner: to examm~ an,J sattsfy itself Engineer, Extra Asshtaut· Director AgriCultur~ and one or the non--c;fficial as to the regularity, propriety and legality of these. pro<?C~dings .. It may set members to be nominated by the Governm,::nt. Executive Engineer Irrigation' aside any of the order and quasb the pru.:eedrngs 1f 1t cons1 ders ~hat any will be the Secretary of the Committee. material irregularity has occurred so as to occas100 a rn1scarnage to (b) The Committee shall work under the direct supervision and over-all justice. . . control of the Provincial Water Board for the purpose of carrying out the 5 Functions of )Yater District Commillee.-(1) The D1slr1ct Water Com• objectives of this Ordinance. mittces shall be responsible : (c) No peison will be allowed to extract ground water within desig~ (a) To impleme!lt the ~olicics and directions given to it by the Pro".'incial nated ground water basins, without the permission of the District Water Water Board from time to ume ; Committee. (b) To issue water permits to various water users ; and (d) Any person who wants to extract ground water within designated . . . (c) To hear and decide the objections raised by various persons about the ground water basin will submit an application on prescribed form to the USe or ground water. . District Water Committee. f ,· 6. Offences and penolties.-(l) Any person contravening any o. th c (e) The Committee will invite objections in respect of the above applica- rovisions or this Ordinance shall be punished w1tb unpn~onment of e1t~er tion from various persons having any interest in the ground water either in 1 Pdesc . f fi a term which may extend to one year or with. fine or with the vicinity of proposed place or mining of ground water or in the basin as a rip 100 or . ~~- .~ 0 • . . . . . . , (2) Th ffi nee under the Ordinance shall be bailable. (/) The Committee wdl hear all such obJOCtions and will give due"' ,. e O e • • . 1 • d" opportunity to all such interested persons to produce evidence in respect of (3) The Cou~ sh~II not take cogmzance odf of~n~ ~.der ~~ ~r 1~t: their contention. After hearing the parties it wiJI either grant permission to unJess a complain~ m wnttng has been ma e Y t e ISlnc 8 er m the applicant to mine the ground water subject to such conditions as may be .mittee. prescribed by it or it may reject the application. (4) The court while passi~g any sentence on a person accused of (g) The District Committee while accepting or rejecting the application~ violating any provisions of. this Ord ma nee may also o rder payment of will give grounds for doing so. compensation to the aggrieved person out of !"ine imposed on the . (h) The Committee will have the power to stop the extraction of ground. l~ccused. water by any unauthorised person. • . . :·. 7. Rule making.-The Government may make rules to carry out •~ (i) The Committee will alsO have the power of forfeiting any machinery~ . purpose of this Ordinance. equipment and tools deployed for the purpose of unauthorised extraction of ground water. { j) The Committee may also take cognizance of any dispute pertaining to any tube•wells/surface wells/karezes peoding before any Revenue Officers. (k) The Committee will also issue a permit to any person applying for a new tube-well which is a substitute fo.r the abandoned well. The Committee may not bear objections in such cases. (/) The Committee may allow a permit bolder t? change the Jocat~o':I ~f: his well before the completion of the well. It will amend the permit 1f 1£ considers that the change of location does not affect the existing water rights ' , of any other person. (m) While issumg permit the Committee w.ill ensure that the extraction of water by a permit holder does not cause dep?er100 of perennial stream or any other perennial source of water. ~,