Before you drill
A plain-language summary of the Himachal Pradesh Ground Water Act and its 2022 amendment, to help you prepare. It is not legal advice — rules and forms change, so check with the Jal Shakti Vibhag before drilling.
Supreme Court of India, 2010
After children fell into open borewells, the Supreme Court laid down safety measures for every state. In short:
The landowner informs the authorities at least 15 days before a borewell is made.
Drilling agencies are to be registered with the district administration.
At the site, a signboard with the details of the landowner and the drilling agency.
Barbed wire or another barrier round the well while it is being made.
Mud pits and channels filled, the well covered with a lid, the ground put back as it was.
A bore that is given up is filled from the bottom to the ground with clay, sand, boulders, pebbles or drill cuttings.
Since the 2022 amendment an individual domestic consumer is not a 'user' under the Act, but the well is still registered with the HP Ground Water Authority — free of cost (s.6A). Check the current form with the Jal Shakti Vibhag.
A hotel or commercial property drawing groundwater applies to the Authority for a permit before sinking a well (s.7). Micro and small enterprises drawing under 10 cubic metres a day are outside the 'user' definition since 2022 — ask the Jal Shakti Vibhag which applies to you.
Agricultural activities are outside the 'user' definition since 2022, and anyone irrigating less than one hectare pays no royalty (s.12).
The Supreme Court's 2010 guidelines put duties on both the landowner (informing the authorities, capping, filling an abandoned bore) and the drilling agency (registration, the signboard). We are registered with the government; ask us how we handle the site measures on your job.
The Himachal Pradesh Ground Water (Regulation and Control of Development and Management) Act, 2005, with the 2022 amendment — prsindia.org/files/bills_acts/acts_states/himachal-pradesh/2005/Act31of2005HP.pdf State notification from 19 November 2019 — India Water Portal summary of the Act and Rules. Supreme Court of India, order of 11 February 2010 on preventing accidents in open borewells — India Water Portal. This page is a summary to help you prepare; it is not legal advice.
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