REPORT ON THE GROUNDWATER CONDITIONS IN GARHWA & ,

Aparna Bhatnagar Habitat for Humanity TABLE OF CONTENTS

1. INTRODUCTION ...... 2 2. SOURCES OF GROUNDWATER ...... 2 3. GROUNDWATER QUALITY- ...... 5 4. TYPES OF WATER ASSESSMENT UNITS ...... 11 5. SOURCES OF GROUNDWATER RECHARGE ...... 12 6. ANNUAL EXTRACTABLE GROUNDWATER RESOURCES ...... 14 7. VALIDITY OF STAGE OF GROUNDWATER EXTRACTION ...... 15 8. YEARLY MUNICIPAL BUDGET AND THEIR DEVELOPMENT...... 15 9. LEGAL PROVISIONS...... 17 10. PROPOSED CHANGES/ RECOMMENDATIONS ...... 22 11. CONCLUSION ...... 24

1. Introduction

The present paper looks at the underground resources of the districts of Garhwa and Giridih in Jharkhand. The population of Garhwa, as per the 2001 census, was 1035464. This figure rose to 1322784 in the census exercise of 2011.1 The population of Giridih, on the other hand, was recorded as 1904430 as per the 2001 census, and later got re- estimated to 2445474 as per 2011 census.2

The erstwhile Garhwa Subdivision of Palamau district consisting of 8 Blocks was separated from Palamau district as an independent district “Garhwa” with effect from 1st April 1991. Garhwa district is located in the northwestern part of the state of Jharkhand and covers an area of about 4273.52 square kilometres. It is an under developed and draught prone district having diverse terrain.3

The district of Giridih acquired the status of an independent district on 6th December, 1972, and continues to have a close linkage with the parent district of Hazaribagh. almost lies in the central part of the North Chotanagpur Divison in the state of Jharkhand and is the administrative headquarter and the principal town of the district. It has one sub – division which has been further divided into thirteen blocks.

The district is underlain by compact and hard rocks belonging to crystalline metamorphics of Archaean age and lower Gondwana sedimentaries, which are devoid of any primary porosity. The ground water in such formation occurs within the secondary porosity such as joints, fractures and bedding plains. The ground water occurrence and movement are basically controlled by the prevailing morphology and intensity of structural discontinuities. Therefore, structure is another controlling factor for occurrence and movement of ground water over the area.4

2. Sources of Groundwater

1 Garhwa District- Population data, Census 2011, https://www.census2011.co.in/census/district/98-garhwa.html. 2 Griidih District- Population data, Census 2011, https://www.census2011.co.in/census/district/99-giridih.html. 3 Ground Water Information Booklet, Garhwa District, http://cgwb.gov.in/District_Profile/Jharkhand/Garhwa.pdf. 4 Ground Water Information Booklet, Giridih District, http://cgwb.gov.in/District_Profile/Jharkhand/Giridih.pdf. In Garhwa district, there exist a myriad of groundwater sources. First, we take a look at the drainage systems.

Garhwa’s drainage system runs from south to north, towards the rivers Koyal and Sone. The district’s eastern and northern extremities are bounded by Koyal and Sone, respectively, which together form the primary rivers of the region. Danro, Sarsatiya, Tahale, Annaraj, Urea, Bai Banki, Bellaiti, Pando, Biraha, and Sapahi are some of the district’s other notable rivers. The Central Ground Water Board (CGWB) district profile on Garhwa notes that due to its geographical formation, Garhwa district is rich in water resources.5

Additionally, Garhwa is a high rainfall area with the average normal rainfall of the district as a whole being 1193 mm. Most of the rainfall occurs in Monsoon during the months of June, July, August and September. 6

Central Ground Water Board has established network of observation wells for monitoring of ground water level to know the behaviour of ground water regime in the district. There are six of National Hydrograph Network Stations (NHNS) monitoring wells in Garhwa.

The water level in general the water level varies between 2 and 5 mbgl as throughout the district, with higher water level (> 5.00 mbgl) being recorded in northern and southern part of the district.

Of the five ground water monitoring wells in the district, three of them show a falling trend. While there are several geological and meteorological factors contributing to this decline, the over-exploitation of underground water resources for anthropogenic causes is the main culprit. An analysis of the ten-year period (2002-2012) indicates that Ranka and Majhian (with the least number of data points) are the only exception to falling trend.

Location No. of Data Rise (meter/year) Fall (meter/year) Garhwa 22 0.205 Nagaruntari 27 0.125

5 Ground Water Information Booklet, Garhwa District, http://cgwb.gov.in/District_Profile/Jharkhand/Garhwa.pdf. 6 Garhwa- History, https://garhwa.nic.in/history/. Ranka 5 0.241 Bhawanthpur 19 0.160 Manjhian 5 0.208

A report in the Times of states that ground water table in 2011 depleted by about 3-4 feet compared to the previous year, thereby pushing Garhwa in an acute water crisis.7

In Giridih, the drainage pattern of a large section of the district is dendritic in nature, and is primarily influenced by the topography of the area. The Barakar and Sakri rivers divide the region into two principal watersheds. The district also has a number of small rivers, the most prominent of which is the Usri. All of the rivers in the district are seasonal. The drainage of the 10 buffer zone is mainly controlled by the and its tributaries namely Usri Nadi, Dhirabar nadi, Khakho Nadi ,Jaria Nala, Chilkharo Nala etc and the Sikri river. 8

With an average rainfall of 602.4 mm in the month of July in 2020, Giridih has sufficient rainfall.9 While there is plenty of rainfall in the region, ground water exploitation is very little. This is said to be because the geological formation at most places is rocky, water percolates into the ground through fissures and cracks and stored in voids, small in size, that hold limited quantities of water and yield small discharges. Bores are successful if these voids are hit. Otherwise, they fail.10

Central Ground Water Board has established eleven numbers of National Hydrograph Stations (NHS) for the study of water level behaviour in the district. Water level depends upon the storage of ground water development and variation in rainfall over a long period.

7 TNN News, Garhwa facing acute water crisis, Times of India (Feb. 25, 2011, 11.12 p.m.), https://timesofindia.indiatimes.com/city/ranchi/garhwa-facing-acute-water-crisis/articleshow/7575156.cms. 8 Ground Water Information Booklet, Giridih District, http://cgwb.gov.in/District_Profile/Jharkhand/Giridih.pdf. 9 Giridih Monthly Climate Averages, World Weather Online, https://www.worldweatheronline.com/giridih- weather-averages/jharkhand/in.aspx. 10 Environmental Assessment & Environmental Management Framework for the World Bank Assisted Water Supply Projects in Selected Districts of Jharkhand, https://documents1.worldbank.org/curated/en/369471468041971982/pdf/E41820v60EA0P10MF0JHARKHAN D0Vol-0I.pdf. Of the fifteen blocks, eleven show a falling trend in the ground water levels. An analysis of water levels of existing Hydrograph Network Stations for the time period of 2003- 2012 indicates that only Bagodar, Dhanwar, Dumri and Bengabad fall under the exception. About 72.73% of the wells showing declining trend for pre monsoon period, 81.82% wells showing declining trend for post monsoon period and 73.33% wells showing declining trend for all the period.11

As per a recent newspaper report, the water crisis in Giridih has aggravated, with Bengabad, Birni and Pirtand blocks in the district being the worst affected. The report states that according to district data report, in 2018, Bengabad received only 75 per cent (788.92 mm) of the expected rainfall (1037.2 mm). Social activist Jagarnath Prasad was quoted saying that the government’s group water scheme was a failure, with households still struggling to get more than 20 litres of water per day. 12

3. Groundwater Quality- i. Garhwa

Fluoride

The World Health Organisation (WHO) prescribed fluoride consumption permissible limit is 0.5-1.5 mg/L. While consumption of fluoride in the permissible limit is necessary to prevent tooth decay, if consumed in excess of 1.5 mg/L over long periods of time, it produces severe effects on human health such as dental and skeletal fluorosis (crippling bond), osteoporosis, hip fracture, arthritis and mental retardation.13

A study conducted jointly by Birla Institute of Technology, Mesra and Indira Gandhi National Open University (IGNOU), New Delhi, reveals some troubling results.14 The study found Kharaundhi, Untari and Ranka blocks in Garhwa to have high percentage

11 Ground Water Information Booklet, Giridih District, http://cgwb.gov.in/District_Profile/Jharkhand/Giridih.pdf. 12 Suresh Nikhar, Villagers look for solution of water crisis in Giridih, The Pioneer (Jun. 10, 2019), https://www.dailypioneer.com/2019/state-editions/villagers-look-for-solution-of-water-crisis-in-giridih.html. 13 Rolling Revision of the WHO Guidelines for Drinking-Water Quality, https://www.who.int/water_sanitation_health/dwq/nutfluoride.pdf. 14 S. Shekhar, A. Pandey et al., Evaluation of fluoride contamination in groundwater sources in hard rock terrain in Garhwa district, Jharkhand, India, 3 International Journal of Environmental Sciences (2012), https://www.researchgate.net/publication/260038710_Evaluation_of_fluoride_contamination_in_groundwater_s ources_in_hard_rock_terrain_in_Garhwa_district_Jharkhand_India. of water sources with fluoride concentration under non permissible limit. The maximum fluoride concentration in Kharaundhi was as high as 5.92 mg/L. Further looking into fluoride concentration, it was found that Bhawanathpur and Majhiaon blocks exhibit fluoride concentration below lower permissible limit which indicate more possibility of dental caries in these blocks.

Following are the statistics of fluoride concentrations in laboratory tested samples from the study, with reference to percentage of samples under permissible (P) and non- permissible limit (NP)-

Block Name No. of NP P % of Maximum NP samples (>1.5mg/L) (<1.5mg/L) NP (mg/L) Average Bhandaria 29 10 19 34.48 3.1 2.30 Bhawanthpur 70 18 52 25.71 2.24 1.83 Kharaundhi 16 14 2 87.5 5.92 3.72 Majhiaon 73 31 42 42.47 2.50 1.72 Ranka 64 35 29 54.69 3.75 1.97 Untari 43 28 15 65.12 5.92 3.11

The most perturbing part of the study was that among the laboratory tested water samples with non-permissible fluoride concentration, the maximum concentration (5.92 mg/L) was found in household hand pump as well as in school and minimum (1.5 mg/L) in health centre. Taking into account these results, it can be remarked that public hand pump, household hand pump, private wells and school water sources need to be urgently taken up for remedial measures to reduce concentration of fluoride in the water because they serve a significant part of the population, including the most vulnerable, school children and people belonging to the tribal population’s poor socioeconomic group.

Very high fluoride concentrations indicate higher extraction from shallow aquifer thereby causing increased fluoride concentration. On the contrary, the possible explanation of lower percentage of non-permissible samples at shallow depth may be attributed to possible recharge of groundwater from surface sources and rainfall. In the water samples collected from household hand pump, as much as about 22.34% of samples with non-permissible limits of fluoride concentration.15

Arsenic and Nitrate

A report in Times of India dated 2017 states that drinking water and sanitation department (DWSD), on the direction of the state high court, conducted surveys in 1609 villages in 9 districts of Jharkhand. The survey found 11,756 handpumps operational and 2,415 out of order. Latehar, Garhwa and Palamu reported the highest number of handpumps with arsenic and fluoride concentration. DWSD’s project management director Swetab Kumar stated that a proposal to install filters and de-fluoridation plants in Garhwa and Palamu was in the works.16

The present status of the project remains unclear. However, it may be pertinent to mention that arsenic contamination arises mainly due to the dumping of waste from the coal mines along the river bed. Coal mines of the area mentioned contains sufficient amount of arsenic. In a performance audit on ‘Management of Water Supply, Sanitation and Solid Waste Management Services by Urban Local Bodies (ULBs,)’ carried out by Urban Development and Housing Department in 2017, five out of ten ULBs (including that of Garhwa) reported that the total untreated Biomedical Waste (BMW) was being mixed with Municipal Solid Waste (MSW) without proper treatment. In a performance audit on ‘Management of Water Supply, Sanitation and Solid Waste Management Services by Urban Local Bodies (ULBs,)’ carried out by Urban Development and Housing Department in 2017, five out of ten ULBs (including that of Garhwa) reported that the total untreated Biomedical Waste (BMW) was being mixed with Municipal Solid Waste (MSW) without proper treatment.17

15 Id. at 1027. 16 TNN News, Latehar, Palamu, Garhwa high on arsenic water list (May 20, 2017, 09.45 p.m.), https://timesofindia.indiatimes.com/city/ranchi/latehar-palamu-garhwa-high-on-arsenic-water- list/articleshow/58760321.cms.

17 Performance Audit on Management of Water Supply, Sanitation and Solid Waste Management Services by Urban Local Bodies (ULBs,), Urban Development and Housing Department, https://cag.gov.in/uploads/download_audit_report/2017/Chapter_4_Performance_Audit_%E2%80%93_Urban_ Local_Bodies_of_Annual_Technical_Inspection_Report_of_2017_- _Local_Bodies_Government_of_Jharkhand.pdf. National Human Rights Commission’s August 17, 2011 press release notifies that the Commission took suo motu cognizance of the media reports alleging high fluoride level in drinking water in Garhwa district. Holding that the fluoride level in water in several villages in the district is as high as 3.5 ppm (part per million) as against a permissible level of 1ppm prescribed by the World Health Organization, it reported that at least 12 people are reported to have died of fluorosis in the last six years. Further, the Commission issued notice to the Chief Secretary of the State Government, calling for a detailed report within two weeks. Despite all the fluoride control machine installed in the village hand pumps being either defunct or stolen, the Special Secretary of Health claimed to not have received any reports on fluorosis from Garhwa. 18 However, a team of experts constituted by the Union ministry of rural development has testified to the presence of a high level of fluoride in drinking water in Jharkhand's Garhwa district, ‘which can be crippling for consume’. The five-member team, led by AK Susheela, executive director of Fluorosis Foundation of India, said, “The present scenario speaks for the total neglect of the government.”19

An assessment of water quality in the Garhwa and Palamu districts of Jharkhand done in 2019 concluded that the open and closed bore well samples contained fluoride between 1.0 to 1.5 mg/L in only 30.00 and 42.22% samples of Garhwa district. Thus, fluoride concentration of water samples of Garhwa was unsafe, in the order of 15- 24%.20

In addition to fluoride and arsenic, Garhwa also faces the problem of its groundwater containing nitrate above the permissible limit of 45 mg/L. 21 It is important to note that the state is already under short supply of ground water due to its specific geology.

Furthermore, as against the standard acceptable limit 2ppm of Iron, Garhwa has a staggering 25.2 ppm of Iron. The presence of iron in the drinking water supply is unhealthy for number of reasons. Beyond desirable limit, tase/ appearance are affected.

18 NHRC calls for Jharkhand Government's report on high fluoride level in ground water in Garhwah district; Also decides to conduct its own investigation, National Human Rights Commission (Aug. 17, 2011), https://nhrc.nic.in/press-release/nhrc-calls-jharkhand-governments-report-high-fluoride-level-ground-water- garhwah. 19 B Vijay Murty, Panel confirms high fluoride in water, Hindustan Times (Oct. 15, 2011), https://www.hindustantimes.com/india/panel-confirms-high-fluoride-in-water/story- c3a45P1oQiwQYsYxvjxjgL.html. 20 Rakesh Kumar et al., Assessment of water quality in the Garhwa and Palamu districts of Jharkhand, 18 Journal of Soil and Water Conservation, 157-163 (2019). 21 Supra note 8, at 50. The iron that settles out in the distribution systems gradually reduces the flow of water. Iron also promotes the growth of iron bacteria. 22

ii. Giridih

The district profile of Giridih states that in general, the quality of ground water in the phreatic aquifer is acceptable except one sample chloride and four samples nitrate concentration more than permissible limit.23

A 2010 CGWB report, however, enlists Giridih as showing localised occurrences of excessive fluoride and iron. Fluoride, whose permissible limit is 1.5 mg/l as per WHO standards, is present in the concentration of 1.60 and 1.80 mg/l in Khijri and Tisri blocks in Giridih respectively. Similarly, Iron, whose permissible limit is 1.0 mg/l as per WHO standards, is present in the concentration of 1.68 and 1.90 mg/l in Bengabad and Pirtanr respectively.24

As per the result of chemical analysis of water samples collected from NHS, the nitrate concentration is found more than permissible limits in shallow aquifer in villages Dhanwar, Jamua, Duri and Bandhutanr. Similarly, the chloride concentration is found in village Jamua.25 An obvious disparity between the information available at the two sources is evident.

While the causes of degradation of groundwater quality are multifarious, constituents like as salts, metals, trace elements, and/or organic molecules become mobilised as waters interact with and modify disrupted geologic formations. The dissolved chemicals can seep into deep aquifers if mobilised, causing groundwater quality issues. In addition to concerns due to naturally occurring contaminants, mining activities may also contribute to groundwater pollution from leaking underground storage tanks, improper disposal of lubricants and solvents, contaminant spills as well as others.26

22 Supra note 8, at 61. 23 Ground Water Information Booklet, Giridih District, http://cgwb.gov.in/District_Profile/Jharkhand/Giridih.pdf. 24 Ground Water Quality in Shallow Aquifers Of India, Central Ground Water Board Ministry of Water Resources Government of India (2010), http://cgwb.gov.in/documents/waterquality/gw_quality_in_shallow_aquifers.pdf. 25 District Environment Plan Giridih (Jharkhand), District Administration, Giridih, https://cdn.s3waas.gov.in/s39b72e31dac81715466cd580a448cf823/uploads/2020/11/2020111851.pdf. 26 Priyadarshi, N,2004. Distribution of Arenic in Permian coals of North Karanpura Coal Field, Jharkhand, Jour. Geol. Soc. India, 63,533-536 Priyadarshi, N, 2004 in Impacts of mining on the Environment of Jharkhand, www.firstpeoples first.in

Giridih district is known for its mica and coal endowments and is one of India's mineral- rich regions. Mica deposits can be found in reserve forests as well as coal deposits in the Gondwana formations. Aside from these, the territory has significant quantities of beryl, feldspar, moon stone, quartz, and silica sand.

The district presently has 3 urban local bodies, one Municipal Corporation at Giridih and two Nagar Panchayats at BadkiSariya and Dhanwar. 55 metric tons of solid waste is generated everyday out of which 51 metric tons is collected on daily basis. 25 tons of solid waste is processed and rest 26 tons is disposed at dumpsites/landfills. The rest is not collected at all and lies littered in the city/town, finding its way to nearby drains and water bodies. The National Green Tribunal has noted that the uncollected waste, when piled in heaps, releases highly polluting ‘leachate’ during decomposition which irreversibly contaminates ground and surface water around large dumps.27 92% of the total households and 94% of the non-residential premises in urban area are practicing storage of waste at source in domestic and commercial or institutional bins. 10% of the premises are segregating the waste at source, whereas 8% of households and 6% of the non-residential premises are disposing solid wase on streets. 28 At present, there is no systematic and organized method to collect and treat waste from septic tanks. All the sewage of the city goes into Usri River untreated. No Sewerage Treatment Plant (STP) is available for treatment.29

Construction and Demolition (C&D) is defined as the unwanted material produced directly or incidentally by the construction and mostly constitutes of inert and non- biodegradable materials like concrete, plaster, metal, plastics, wood etc. and sometimes may contain hazardous waste as well. A quick estimate indicates 12 to 20% of the total municipal wastes in the district is C&D waste, half of this which needs disposal in absence of a recycling process.30 Many a times, the deposits of such waste leads to chocking of sewage and drainage systems, thus creating problem of water logging.

27 Almitra H. Patel v. Union of India (Original Application No. 199 of 2014), http://chandigarh.gov.in/pdf/cpcc2017-judgement.pdf. 28 Id. at 14. 29 Giridih Municipal Council- Issue Rating, https://udhd.jharkhand.gov.in/Handlers/CreditRating.ashx?id=CR19- 22052017050539PM.pdf. 30 Id. at 21. Giridih district is known for its Thermo Mechanically Treated (TMT) bars, mini steel plants and coal-based industries, located mainly in Mohanpur area on Tundi road. Several of these industries produce ‘hazardous waste’, which is defined as the ‘residues with properties that makes it dangerous and /or potentially harmful to the human health and environment.’ As per State Pollution Control Board data there are total 22 industries identified and authorized as generating hazardous wastes. 10 of these units are displaying board of hazardous waste generation in front of gate. Total 69.58 MT hazardous waste is generated on annual basis out of which 0.94 MT are land fillable and 68.64 MT hazardous waste are recyclable.31

Hon’ble National Green Tribunal (NGT) has, by way of an order, directed all the States and Union Territories to prepare action plans within 31.01.2019 for bringing all the polluted river stretches to be fit at least for bathing purposes (i.e., BOD < 3mg/l & FC < 500 MPN/100ml) within six months from the date of finalisation of the action plans.32

The Giridih district administration plans to monitor the Polluted River Stretches based on the Bio-chemical Oxygen Demand (BOD) values in Usri river at different points adjacent to industry and urban settlements. Whether these plans have actualised into concrete steps remains unclear.

The districts of Garhwa, Palamau and Giridih have the maximum percentage of households in the state of Jharkhand (62%) which do not treat water drawn from various sources.

4. Types of Water Assessment Units

The units of assessment are categorized for ground water development based on two criteria – (A). stage of ground water development, and (B). long term trend of pre and post monsoon water levels. The pre-monsoon and post-monsoon water level statistics are discussed later in the paper.

31 Id. at 27. 32 http://goaspcb.gov.in/Media/Default/River-action- plan/NGT%20Order%20in%20a%20matter%20of%20673%20of%202018%20-%208th%20April%202019.pdf. The four categories are – ‘Safe’ areas which have ground water potential for development, ‘Semi-critical’ areas where cautious ground water development is recommended, ‘Critical’ area and ‘Over exploited’ areas where there should be intensive monitoring and evaluation and future ground water development be linked with water conservation measures.33

The CGWB website states that as per the ground water resource assessment, all the evaluated blocks of Garhwa district fall under the ‘safe’ category. Thus, the authority has not been notified any blocks. 34

Similarly, for Giridih, block wise the ground water resource assessment has been evaluated in March 2009, and all blocks of the district fall under ‘safe category. 35

Taking into account the many media reports as well as independent studies published in various journals, it is safe to assume that the groundwater quality in either of the districts is unsafe. Therefore, there is a need to urgently revaluate the categorisation of assessment units in both the districts.

5. Sources of Groundwater Recharge Recharge simply refers to the replenishing of groundwater resources. Groundwater is recharged naturally by rain and snow melt and to a smaller extent by surface water (such as rivers and lakes). The CGWB Ground Water Information Booklet notes that the source of ground water recharge for Garhwa is entirely by rainfall. The rivers of the district are effluent which do not contain appreciable amount of water during lean period to recharge Ground water at lower reaches.36 For Giridih, a drought prone district, natural groundwater recharge is insufficient due to low rainfall.37

Next, we move to the sources of artificial recharge in both the districts. In the block of Bhawantipur in Garhwa, an estimated sum of 1.555 lakhs was sanctioned and 79440 unskilled workers were employed in December 2010 for the construction of an Artificial Recharge of Well through Sand Filter. As of July 4, 2021, the status of the

33 Ground Water Resources Estimation Methodology, 1997, http://www.mpwrd.gov.in/documents/18/4ed6a735- 5bea-4ebc-848d-d99490bcc62e. 34 Ground Water Information Booklet, Garhwa District, http://cgwb.gov.in/District_Profile/Jharkhand/Garhwa.pdf. 35 Ground Water Information Booklet, Giridih District, http://cgwb.gov.in/District_Profile/Jharkhand/Giridih.pdf. 36 Id. 37 Agriculture Contingency Plan for District: Giridih, https://agricoop.nic.in/sites/default/files/JKD17-Giridh- 31.03.2013.pdf. work done on the MGNERGA website shows ‘completed’. 38 No data regarding the benefits out of it could be found.

The Government of Jharkhand’s Water Resources Department’s website shows that construction of Roof-top Recharge pit, geographical survey and monitoring well in Garhwa was approved on August 26, 2019. Its present status, however, remains unclear.39

According to the Master Plan for Groundwater Recharge 2020, an area of 441.66 sq. km out of the total area of 4045 sq. km in Garhwa has been identified for Artificial recharge. The Available Subsurface Space for Artificial Recharge (Million Cubic Meters/ MCM), Water Required for Recharge (MCM), and Surplus Available for Recharge (MCM) is found to be 19.96, 33.14 and 76.67 respectively. 40

In Giridih, while there exists no artificial recharge structure presently, several studies have warned that there is urgent need to augment the depleting ground water resources by way of artificial recharge through roof top rain water harvesting, check dam, percolation tank, nala bandhara, gabion structures and contour bunding and trenching.

Giridih district has taken up rainwater harvesting to maintain the surface water and improve the ground water levels for sustainable use and conservation. In 343 gram panchayats, 64% of the rainwater harvesting structures have been taken up against a target of 1720 structures. The district Management Information System (MIS) is tracking the status on daily basis.41

Further, to facilitate subsurface water recharge 7326 dobha and farm ponds have been taken up in this year. Under Nilambar Pitambar Jal Sammridihi Yojna, 25 nala rejuvenation plans are being taken up in upper reaches and 194 nala rejuvenation plans

38 Asset Register, The Mahatma Gandhi National Rural Employment Guarantee Act, http://mnregaweb4.nic.in/netnrega/writereaddata/citizen_out/WA_3407003_3407003009_WC_7080900918342. html. 39 Administrative Approval- 2019-20, Government of Jharkhand Water Resources Department, http://wrdjharkhand.nic.in/administrative-approval_2019-20.html. 40 Master Plan For Artificial Recharge To Groundwater In India – 2020, Central Ground Water Board Department Of Water Resources, Rd & Gr Ministry Of Jal Shakti Government Of India, http://cgwb.gov.in/Master%20Plan%20to%20GW%20Recharge%202020.pdf. 41 Supra note 20, at 32. are taken up in lower reaches. Soil water conservation activities are further backed up with 68800 Trench-Cum-Bunds and 1116 field bunds.42

The Giridih Municipal Council has constructed an overhead elevated reservoir with funding from Government of Jharkhand. It has cost 42.00 crores and construction has been completed in March, 2016. It has improved the water storage capacity of the Municipal Council.43

6. Annual Extractable Groundwater Resources

As per a 2017 report by the Ministry of Jal Shakti, Garhwa has quite a high amount of annual groundwater recharge, at 31032.15 hectare-meters (ham), out of which 28617.56 ham is extractable. Following are the details regarding the rate and purpose of annual extraction:

i. Irrigation – 5157.63 ham ii. Industrial – 3.48 ham iii. Domestic – 2117.81ham

That brings the total amount of actual extraction to 7278.91 ham.

Similarly, Giridih has quite a high amount of annual groundwater recharge, at 47256.05 ham, out of which 43485.57 ham is extractable. Following are the details regarding the rate and purpose of annual extraction:

iv. Irrigation – 6578.63 ham v. Industrial – 754.53 ham vi. Domestic – 4254.34 ham

That brings the total amount of actual extraction to 11587.50 ham, which is roughly 1/4th of the total extractable groundwater.

42 Ground Water Scenario of Jharkhand, Central Ground Water Board, http://cgwb.gov.in/gw_profiles/st_Jharkhand.htm. 43 Giridih Municipal Council- Issue Rating, https://udhd.jharkhand.gov.in/Handlers/CreditRating.ashx?id=CR19- 22052017050539PM.pdf.

7. Validity of Stage of Groundwater Extraction

The stage of ground water extraction is defined as-

Stage of Ground Water Extraction (%) = (Existing gross ground water extraction for all uses/ Annual Extractable Ground Water Resources) × 100

The stage of groundwater extraction for Garhwa is listed as 25.44%.

The stage of groundwater extraction for Giridih is listed as 26.65%.44

There are intrinsic uncertainties in any estimate based on the stage of ground water extraction. In light of this, a long-term trend of ground water levels is used to confirm the ‘Stage of Ground Water Extraction.’ For both the pre-monsoon and post-monsoon periods, long-term water level trends are compiled for a minimum of ten years. If the ground water resource assessment and the trend of long-term water levels contradict each other, this anomalous situation requires a review of the ground water resource computation, as well as the reliability of water level data.

In the present case, data for both the districts of Garhwa and Giridih is incomplete and unreliable, and hence unsuitable for validating the Stage of Groundwater Extraction.

District Pre-Monsoon Post-Monsoon Annual Data Rise Fall Data Rise Fall Data Rise Fall Points Points Points Garhwa 9 - 1.0828 5 - - 30 - 0.3223 Giridih 10 0.4677 - 9 - 0.1237 38 0.1009 -

8. Yearly Municipal Budget and Their Development

44 Ibid. For the district of Garhwa, this paper analyses the municipal budgets of the year 2017- 1845, 2018-1946 and 2019-2047. The capital expenditure for fixed assets under the heading of ‘sewerage and drainage’ are enumerated below- Financial year Actual capital Sub- total of Percentage spent expenditure on capital in ‘sewage & ‘sewage & expenditure on drainage’ w.r.t. drainage’ fixed assets total expenditure 2015-16 8815604 42186705 20.9% 2016-17 243843 12539534 1.9% 2017-18 2307089 57144618 4.03%

It is observed that while the actual expenditure for sewage and drainage under fixed assets for the financial year of 2015-16 was substantial, it plummeted in the succeeding years.

For the district of Giridih, the paper analyses the municipal budgets of the year, 2017- 1848, 2018-1949 and 2019-2050. The capital expenditure for fixed assets under the heading of ‘sewerage and drainage’ are enumerated below- Financial year Actual capital Sub- total of Percentage spent expenditure on capital in ‘sewage & ‘sewage & expenditure on drainage’ w.r.t. drainage’ fixed assets total expenditure 2016-17 2988468 50171377 5.9% 2017-18 23349450 142314036 16.4%

45 Garhwa Nagar Parishad- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1610032017110318AM.pdf. 46 Garhwa Nagar Parishad- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1610052018110532AM.pdf. 47 Garhwa Nagar Parishad- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1610072019120714PM.pdf. 48 Giridih Municipal Corporation- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1913012018020107PM.pdf. 49 Garhwa Nagar Parishad- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1925032019030351PM.pdf. 50 Garhwa Nagar Parishad- Budget Summary, https://udhd.jharkhand.gov.in/Handlers/BudgetHdlr.ashx?id=1925032019040355PM.pdf. 2018-19 78944804 212092819 37.2%

In a trend contrary to that of Garhwa, the Giridih budgetary analysis shows a substantial increase in the percentage of actual expenditure on sewage and drainage in each succeeding year from 2016-17 onwards.

In addition to this, the World Bank, on 7th January 2014, approved $500 Million to improve rural water supply and sanitation services in four Indian states, which includes Assam, Bihar, Jharkhand and Uttar Pradesh. About 7.8 million rural people were expected to directly benefit from the project. 51 A report carried by The Telegraph in 2011 stated that administrative sanction to the tune of Rs 9.83 crore was approved for Khajuri medium irrigation project in water- starved Garhwa district. 52 Its current status is undetermined.

9. Legal Provisions

Unlike numerous other countries, India lacks a separate and comprehensive ground water law that addresses all issues of diverse water resources. Instead, water-related legal provisions are scattered over a number of irrigation statutes, both national and state laws, judicial orders/decrees, customary laws, case law, and different penal and civil laws. As a result, understanding of the exact legal position with respect to ground water becomes quite laborious.

Moreover, India does not have any explicit legal framework specifying water rights. The Supreme Court of India has interpreted Article 21 of the Constitution of India to include the right to water as a fundamental right to life. As per the provisions of the Easement Act 1882, a land owner is supposed to have a right to ground water beneath his land as it is considered as an easement of the land. Ownership of ground water is transferred along with the transfer of ownership of land. Thus, ground water is viewed as an appendage to land. Moreover, the

51 World Bank Approves $500 Million to Improve Rural Water Supply and Sanitation Services in Four Indian States, World Bank (Jan. 7, 2014), https://www.worldbank.org/en/news/press-release/2014/01/07/rural-water- supply-sanitation-four-indian- states#:~:text=WASHINGTON%2C%20January%2007%2C%202014%20%2D,Bihar%2C%20Jharkhand%20a nd%20Uttar%20Pradesh. 52 Sudhir Kumar Mishra, Rs 9.83cr sanctioned for irrigation plan, The Telegraph (Dec. 26, 2011), https://www.telegraphindia.com/jharkhand/rs-9-83cr-sanctioned-for-irrigation-plan/cid/472152. landless have no right on ground water. Similarly, the tribal who have no ownership right over land have no right on ground water.53

Here, we shall examine the state and municipal legal provisions regarding groundwater.

➢ Jharkhand State Ground Water Development & Management (Control & Regulation) Act, 2019 54- i. The authority shall also take steps to ensure that exploitation of Ground water Resources does not exceed the natural replenishment to the aquifers. [Section 9.6] ii. The authority shall maintain and upkeep the data base on ground water related information. [ Section9.8] iii. All other users (Individual, Commercial, Industrial, Institutional, etc.) of ground water not falling under above three categories (10.1, 10.2 and 10.3) shall have to take permit from the Authority for extraction of ground water. [Section 10.4] iv. To improve the ground water situation, the Authority may identify the recharge worthy areas in the State and issue necessary guidelines for adoption of rain water harvesting for ground water recharge in these areas. [Section 16.5] v. Jharkhand State Ground Water Authority (JGWA) shall take necessary steps for Awareness & Training Programmes on Rain Water Harvesting and Artificial Recharge to Ground Water through Government Agencies/Non- Governmental Organizations (N.G.Os) / Volunteer Organizations (V.O’s) / Educational Institutions / Industries / Individuals, etc. [ Section 16.7]

➢ Jharkhand Building Bylaws, 201655- i. Provision of rainwater harvesting shall be mandatory for 300 sqm. and above size of plots. [ Section51.1]

53 Water- its Conservation, Management and Governance, Central Ground Water Board (May, 2017), https://nwa.mah.nic.in/resources/downloads/NWA_Compilation_WR.pdf. 54 Jharkhand State Ground Water Development & Management (Control & Regulation) Act, 2019, http://wrdjharkhand.nic.in/What's%20New/Ground%20Water%20Regulation%20Act-2019_PDF.pdf. 55 Jharkhand Building Bylaws, 2016, https://www.latestlaws.com/bare-acts/state-acts-rules/jharkhand-state- laws/jharkhand-building-byelaws-2016/. ii. Notwithstanding anything contained in these regulations, the Authority reserves the right to debar/black list the builder/technical person who have deviated from the professional conduct or has made any fraudulent statement or has misrepresented/suppressed any material facts in his application/plan or is involved in construction of the building deviating from the approved plan/norms of these bye laws. [ Section54] iii. Recycling of waste water shall be made mandatory for any building consuming more than 12000 litres per day or having 24 flats or more, whichever is lower. [ Section 58.6.1.2] iv. In case of a plot for a farmhouse having dwelling units, the owner thereof shall be responsible to make lawful arrangements for potable water. [Section 67.5.1]

➢ The Jharkhand Municipal Act, 201156- i. The Act defines the scope and responsibilities of the Municipality. The functions of the Nagar panchayat are divided into core and general functions. Water supply, public health and sanitation and provisions for maintenance of urban amenities, all fall under general functions. [Section 70 (1)A] ii. Subject to the provisions of section 411, the Municipal Commissioner or the Executive Officer shall cause to be maintained complete survey maps, drawings and descriptions of water-supply mains, supply-pipes, drains, etc. municipal drains, sewers, and connections thereto from all premises in the municipal area. [Section 238] iii. Municipality can raise loans by passing a resolution at a meeting of the Municipality, a loan within the limits set by the comprehensive debt limitation policy framed under section 132 by the issue of debentures or otherwise [Section 133] iv. Funds generated from bonds/loans can be used for the development of urban infrastructure such as water supply, sewerage, drainage, solid waste

56 The Jharkhand Municipal Act, 2011, https://www.ranchimunicipal.com/Downloads/1010201719100829_DownloadFiles.pdf. management, markets, roads, bridges and urban transport, for reforming and improving the efficiency of existing systems. [Section 150]

➢ Jharkhand Water Policy, 201157- Government of Jharkhand came up with a new water policy in the year 2011 with an objective of integrated, multi-sectoral to ensure sustainable development and optimal use and management of the State's water resources. Based on the above, the State shall prepare a State Water Resources Plan to promote a balanced development by proper coordination among diverse water uses which shall include structural measures, operational measures, watershed management measures, demand management measures such as conservation scheduling and efficient technologies, water pollution control measures and monitoring measures.

➢ City Sanitation Plans- Garhwa58 i. Review of available secondary information and relevant studies carried out for the project towns from various agencies such as Water Resource Department, Ground Water Department, Drinking Water & Sanitation Department (DW&SD, erstwhile PHED) and Concerned Urban Local Bodies [ Section 1.2] ii. Source Control and Groundwater recharge initiatives to be developed [Section 6.10 (4)]

➢ Solid Waste Management Rules, 201659- i. Under Articles 243 G, 243 W, 243 ZD read with Schedules 11 and 12 and Rule 15 of the Solid Waste Management Rules, 2016, it is necessary to have a District Environment Plan to be operated by a District Committee with representatives from Panchayats, Local Bodies, Regional Officers, State Pollution Control Board and a suitable officer representing the administration, which may in turn be chaired and monitored by the District

57 Jharkhand Water Policy, 2011, http://www.indiaenvironmentportal.org.in/content/345747/jharkhand-state- water-policy-2011/. 58 City Sanitation Plans- Garhwa, https://udhd.jharkhand.gov.in/Docs/CitySanitationPlan/CSP_Jharkhand%20Submission/Garhwa_CSP.pdf. 59 Solid Waste Management Rules, 2016, https://bbmp.gov.in/documents/SWM-Rules-2016.pdf. Magistrate. Such District Environment Plans and Constitution of District Committee may be placed on the website of Districts concerned. With respect to effective implementation of Solid Waste Management Rules, 2016, Hon’ble NGT had laid down several orders, of which, Hon’ble National Green Tribunal, Principal Bench on 22nd December 2016 has passed judgment in Original Application No. 199 of 2014 filed by Mrs. Almitra Patel with regard to solid waste management. In its judgement, the Tribunal stressed on the need for biostablization of the new and existing landfill sites. It noted that biodegradable waste, when mixed with other wastes or piled in heaps, releases highly polluting leachate during decomposition which irreversibly contaminates ground and surface water around large dumps. The Tribunal issued directions for mandatory and proper segregation of waste at landfill sites or at source, complete prohibition on open burning of waste on lands (an environmental compensation of Rs. 5,000/- in case of simple burning, while Rs. 25,000/- in case of bulk waste burning), preparation of action plans within four weeks, and the display of data relating to its adherence to the prescribed parameters on the websites of concerned authorities.60 ii. Further, for effective implementation of the said Rules, the Hon’ble NGT in its orders dated 31.08.2018 had constituted Apex Committee, Regional Committee and State Committee. While no data could be recovered regarding its implementation, the ‘Status Report on Compliance of Recommendations of the Monitoring Committee on Management of Hazardous Waste & Contaminated Sites issues and Directions of the Hon’ble Tribunal (2020)’ states that that the Jharkhand State Pollution Control Board has not taken any action regarding several of its recommendations such as adding ‘other wastes’ in the regulatory mechanism including inventory of hazardous wastes, adopting a uniform format for visits and inspections of Hazardous Waste (HW) handling

60 Almitra H. Patel v. Union of India (Original Application No. 199 of 2014), http://chandigarh.gov.in/pdf/cpcc2017-judgement.pdf. facilities and developing benchmarks/guidelines for the possibilities of HW recycle/utilization, among others.61

➢ Inclusion of Roof Top Rain Water Harvesting (RTRWH) in building by laws-

The State Government has initiated action for construction of RTRWH structures in Government/Public buildings in a phased manner. A promotional scheme has also been started for awareness of protection of ground water and artificial recharge by grant of Rs. 25000/- for construction of artificial recharge structures. Ranchi Regional Development Authority (Jharkhand) has made Building By-laws for RWH.62

10. Proposed Changes/ Recommendations

i. In order to tackle the issue of groundwater contamination, reports suggest that artificial recharge may reduce concentration of hazardous chemicals. Lack of knowledge, appropriate preventive measures and access to safe drinking water are steps in the right direction. The lack of any of the aforementioned steps necessitate the need for systematized studies in order to determine the health problems arising out of excessive as well as scant fluoride intake to gauge the magnitude of the problem. ii. Systems of rain water harvesting and artificial recharge are essential for sustainable water use in both the districts. Thus, artificial recharge structure like percolation tank, gully plugging, sub surface dykes can be constructed to maintain the ground water sustainability. iii. Numerous reports and exploratory data indicate the poor percentage of successful borewells in Garhwa district. Therefore, geophysical survey is needed for selection of alternate sites for ground water exploration during drier months. iv. In Giridih, too, preliminary drilling data indicates that there is good prospect for successful bore wells. Given the declining trend for long term water level trend of

61 Status Report on Compliance of Recommendations of the Monitoring Committee on Management of Hazardous Waste & Contaminated Sites issues and Directions of the Hon’ble Tribunal, Central Pollution Control Board (2020), https://greentribunal.gov.in/sites/default/files/news_updates/Status%20Report%20in%20O.%20A.%20No.%208 04%20of%202017.pdf. 62 Ground Water Scenario of Jharkhand, Central Ground Water Board, http://cgwb.gov.in/gw_profiles/st_Jharkhand.htm. Network Hydrograph Stations of CGWB, it is especially urgent for the local and state authorities to take steps in this regard. v. In Garhwa, CGWB has organized only one mass awareness program in the district, themed “Rain Water Harvesting & Artificial Recharge”, on 29.01.2004. While the program saw participation of about 150 people from different organizations, including representatives of NGO’s, the number appears bleak when considering that it is the sole awareness program to have been conducted in the past 17 years. The district of Giridih has conducted no Mass Awareness Programmes (MAP) till date. The paper strongly suggests that community based educational and awareness programs hold the key to long term behavioural changes which lead to better access to water, and must be conducted regularly. vi. It has been observed that the budgetary expenditure under fixed assets of sewage and drainage in Garhwa has plummeted in recent years, while the budgetary allocation was more or less the same. In Giridih, on the other hand, budgetary analysis shows that capital expenditure on sewage and drainage in recent years has grown. This is a good sign. Therefore, there is a need to actively engage in governmental spending under existing schemes. vii. Lastly, while there do exist legal provisions for underground water conservation, borrowing powers, utilization of borrowings for such purposes etc. these are seldom used. Thus, stricter implementation of legal provisions coupled with regular and mandatory publishing of data relating to the same should be prioritised.

11. Conclusion i. About 70 percent of farmers depend on ground water for irrigation in this area. As per the surveys conducted by Central Groundwater Board and the Jharkhand Groundwater Board there is a considerable fall in the ground water level. The deep bore wells are supplying chemical water containing high percentage of iron, fluoride and arsenic. A study conducted recently reveals that food grains produced by crops irrigated with such water contain high percentage of these chemicals. ii. Ground water pollution is intrinsically difficult to detect, since problem may well be concealed below the surface and monitoring is costly, time consuming and somewhat hit-or-miss by nature. iii. The exploitation of ground water has gone up to 30 times since last three years. On the other hand, about 90 percent facilities of ground water recharge have been stopped completely. The availability of drinking water in the state has reduced to 1200cubic meter from 5200 cubic meter. On an average the fall of ground water level has been recorded to be about 52 feet. iv. The quality of water, particularly of surface waters, is significantly affected by mining operations in the state as Jharkhand possesses richest mineral resources in India. This is the single largest human activity in the state of Jharkhand that has the widest environmental implications and for this reason it requires to be dealt with at some length. Mining operations use large quantities of water. The discharged water, due to lack of treatment facilities, invariably flows back into rivers, causing chemical pollution. Since mining has been going on in Jharkhand for several decades the quality of water of all its rivers has constantly been deteriorating. Studies have been made from time to time on the impact of mining; including surface waters, natural resources, ground water and human being. v. It has been assessed that a considerable volume of data, documents, and information about the work related to groundwater projects is available at various government offices. However, a majority of the essential information is not available in the digital form. This issue becomes all the more pressing in the times of a global pandemic, where physical inspection of data is not feasible. vi. Most of the data about Jharkhand available on the internet are from web sites of the central government agencies. The web sites of state government agencies have little information. vii. The government has engaged the services of organisations like the Jharkhand Space Applications Centre (JSAC) to supply satellite imagery data on various resources as well as other information needed for planning. Despite a huge governmental spending on such projects, it remains tough to procure up-to-date information. viii. The authenticity and reliability of data and statistics pertaining to states of India, including Jharkhand, sold by private agencies is doubtful.

A series of reports printed by the Hindustan Times about the plight of the villagers in Garhwa district led to the NHRC taking suo motu cognisance of the matter as well as the State High Court issuing orders. 63, 64, 65, 66 This points to a problem larger than degradation of groundwater quality- that of governmental and bureaucratic apathy. Only when this institutionalised indifference is obliterated will the people of Jharkhand perhaps truly realise their constitutional and human rights.

63 B Vijay Murty, In Jharkhand’s fluorosis-crippled village, ‘hapless’ govt counts bodies, Hindustan Times (Jun. 06, 2016), https://www.hindustantimes.com/india-news/in-jharkhand-s-fluorosis-crippled-village-hapless-govt- counts-bodies/story-1t8YgaQiYxSHz2XU91xKWO.html. 64 B Vijay Murty, No succour for Jharkhand’s fluorosis crippled district, Hindustan Times (Aug. 16, 2011), https://www.hindustantimes.com/india/no-succour-for-jharkhand-s-fluorosis-crippled-district/story- 4ZShCbPEwMDgC3R4pIblQP.html. 65 B Vijay Murty, Fluorosis-hit J’khand village to get clean water supply, Hindustan Times (Jun. 15, 2016), https://www.hindustantimes.com/nation-newspaper/fluorosis-hit-j-khand-village-to-get-clean-water- supply/story-09DQLf3idI1nXEUHmLgteO.html. 66 B Vijay Murty, Relief at last as fluorosis-hit J’khand village gets filters, Hindustan Times (Jun. 20, 2016), https://www.hindustantimes.com/nation-newspaper/relief-at-last-as-fluorosis-hit-j-khand-village-gets- filters/story-EXlX2DdJrOstJOm6nv9ESO.html.