Andhra Pradesh Water, Land and Trees Act – Guidelines WALT Act 2002
In exercise of the powers conferred under Sub section (1) and Sub section (5) of Section 3 read with Section 13 of the Andhra Pradesh Water, Land and Trees Act 2002 (Andhra Pradesh ACT No. 10 OF 2002), the Government of Andhra Pradesh hereby make the following guidelines for effective implementation of the said Act:-
1.The provision under Andhra Pradesh Water ,Land and Trees Act 2002 should be given wide publicity for bringing awareness among large section of people through workshops, meetings, press notifications and letters to all concerned.
2.All Mandal Revenue Officers shall be advised for completion of registration of wells by 31-11-2004 as without that, the implementation of Andhra Pradesh Water ,Land and Trees Act 2002 may lead to legal complications. Also Mandal Revenue Officers shall be informed of the notified over exploited mandals [category-I mandals as per Mav 2004 categorisation] and the spacing requirement from the existing wells in different situations as per departmental norms furnished in the enclosed statement, so that, preliminary verification is completed by the MROs and only eligible applications are forwarded to the department for investigation along with NOC from APTRANSCO. The MROs shall also be advised to maintain the register of applications in Form 1C.
3.All the Hydrogeologists (Assistant Hydrogeologists and Technical Assistant[Hydrogeology] and Geophysicists (Assistant Geophysicists and Technical Assistant [Geophysics]) available in the district shall be utilized for investigations under WALTA. Other regular departmental works like monitoring of water levels, water sample collection for quality analysis and other data collection works for estimation of resources under Ground Water Estimation Committee (GEC) be entrusted to Assistant Hydrologists /Technical Assistant (Hydrology)/Work Inspectors/Drilling Staff available with them, if required, by imparting required training.
4.To keep track of applications received under Andhra Pradesh Water ,Land and Trees Act 2002 from the Mandal Revenue Officer, every application received for investigations, shall be entered in a register containing the prescribed format in form 1c.
5.Detailed hydrogeological and geophysical investigations are to be arranged by deputing field officers available with the department or through registered Hydrogeologist / Geophysicists.
6.The site investigation report shall be in the prescribed format annexed, as Annexure-I containing complete details of hydrogeological conditions in the area supported by 100% well inventory data and a minimum of 3 vertical electrical soundings data. It is desirable to conduct test soundings wherever feasible near existing wells for better correlation and for achieving accuracy in the interpretation.
7.The reasons for recommending / rejecting the site shall be clearly indicated.
8.It is desirable to recommend the sites with expected yield potential of 1500 GPH (7500 LPH) and more, for irrigation in hard rock areas, though the norm prescribed for declaring a well as successful is only 1000 GPH (4500 LPH). Similarly, in soft rock areas sites with expected yield potential of 3000 GPH [15000 LPH] and more are only to be recommended.
9.The depth recommended for drilling shall be as per site specific requirement, based on hydrogeological and geophysical data and shall be within the maximum permissible depth of 120 mts. in hard rock areas.
10.The sites recommended for new wells shall have adequate distance from the existing wells as per norms given in annexure-II.
11.To avoid disputes, the distance from the nearest wells is to be measured and reported in the report. The sketch enclosed to the report shall contain details of neighbouring plots (in all the four directions) with survey numbers, locations of wells in them, if any, along with distance to the site now recommended and location of Vertical Electrical Soundings (VES) conducted and other existing wells, if any, in the plot.
12.All the reports submitted by field officers of GWD/private recognized geologist/geophysicists shall be scrutinized and approved by the Deputy Director.
13.The process of investigation, preparation of the report by the field officers and scrutiny by the Deputy Director and sending it to the mandal authority shall be completed within 15 days.
14.An amount of Rs.500/- in case of small and marginal farmers and Rs.1000/- in case of big farmers is to be collected from the farmers towards investigation charges by way of Demand Draft and the same can be placed in P.D account and utilized towards hiring of vehicles and other incidental expenditure for the investigations carried by the department. However, when private geologist/geophysicists are required to be engaged, an amount of Rs.500/- may be paid to each site investigated after submission of report and approval of the report by the Deputy Director and an additional amount of Rs.250/- can be paid after satisfying about the success rate of sites recommended.
15.The success rate of sites selected shall be more than 80% of sites recommended. It will be viewed seriously if the failure rate exceeds 30% and suitable action will be initiated on the officers concerned. In case of private geologist, the recognition will be cancelled and penalty will be imposed by way of cutting the investigation charges.
16.The drilling crew has to be advised to record the date on the depth at which water is met and to measure the yield volumetrically during drilling at different depths. The final yield, at the end of the drilling has to be recorded by flushing the well at least for 30 minutes.
17.The bore well drilled in hard rock formation has to be treated as;
o Successful: yield 1000 GPH (4500 LPH) and more,
o Partially successful: yield 800-999 GPH (3600-4500 LPH)
o Failed: yield <800Gph.
18.Similarly the tube well constructed in soft rock formation has to be treated as;
o Successful: yield 2000 GPH (9000 LPH) and more,
o Partially successful: yield 1500-1999 GPH (6750-9000 LPH)
o Failed: yield
19.In case of dispute on success/failure of the well, the well has to be inspected and certified jointly by the Geologist of Ground Water Department, representatives from Insurance Company, MRO or his representative and the beneficiary. Pumping test has to be conducted wherever required.
20. The list of all rigs and Geologist/Geophysicists registered with the department shall be informed to the District Authority, Divisional and Mandal Authorities, Rural Water Supply (RWS) and other organizations involved in ground water development for their information, so that no work is assigned to unregistered rigs and action can be taken on rigs working without registration.
21. These guidelines deemed to have been come into force with effect from 17.09.2004.
NORMS FOR SPACING BETWEEN WELLS
|Sl.No.||Situation||Spacing to be adopted in meters between the proposed well and existing well|
|Inwell bores||Dug wells||
Filter point shallow bore well
Tubewells / borewells
|2||Ayacut||160||100||160||200 to 300|
|3||Near perennial source like river or tank with in 200 meters||160||100||160||200 to 300|
|4||Non perennial streams within 100meters||250||150||180||300 to 500|
|5||From the existing public drinking water source||
Not less than 250 m. as per Clause 10 of APWALTA 2002
G.O.Ms No. 227 Dated: 08.04.2013 Read the following:
1) G.O.Ms . No.240 PR&RD Dept dated 25-6-2002.
2) Minutes of the AP WALTA State Authority dated 22-01-2003.
3) Ground Water Department in their Circular Memo No 11795/GHg(5)2003 Dated:17-09-2004.
4) High Court Orders Dated: 01-4-2013 in W.P No.3609 of 2013.
5) Circular Resolution Dated: 02-04-2013 of State Authority of APWALTA 2002.
In the GO Government have constituted State Authority under Section (3) of Andhra Pradesh Water, Land and Trees Act 2002. The said Authority had issued minutes on 22-01-2003 authorizing the Ground Water Department to issue necessary guidelines in over exploited areas and survey to be conducted for permission to dig new wells to implement the provisions of the Act. Accordingly the Ground Water Department issued guidelines in reference 3rd cited above. In the reference 4th cited above, the High Court in its order in W.P No.3609 of 2013, dt:01.04.13 have observed that it is only the authority specified either under section 3(1)or under Section 3(5)of Andhra Pradesh Water, Land and Trees Act – 2002 are empowered to give directions under section 13 of the Act and they were not empowered to delegate the power under the Act and that the guidelines issued by Ground Water Department in over exploited areas and survey to be conducted for permission to dig new wells required to be approved by any authority under section 13 of the Act to comply the provisions of the Act.
Now, therefore, the State Authority in its circular resolution 5th cited above, after due consideration, have approved the said guidelines mutatis mutandis with retrospective effect i.e from 17-09-2004 to comply with the statutory requirement and orders of Hon’ble Court.