A REPORT ON GROUNDWATER CONDITIONS IN THE AND BISWANATH DISTRICTS OF

Chandrayan Gupta HABITAT FOR HUMANITY FRONT

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Table of Contents

Topic Page No.

Introduction 1

Sources and Condition of Groundwater 1

Types of Water Assessment Units 6

Sources of Groundwater Recharge 6

Annual Extractable Groundwater Resources 8

Validity of Stage of Groundwater Resources 9

Yearly Municipal Budget and Their 9 Development

Legal Provisions 11

Assessment of Groundwater Resource 14 Statistics

Major Issues 15

Proposed Changes 17

Conclusion 18

1. Introduction

In this paper, we shall be looking at the groundwater resources in two districts of Assam, namely Bongaigaon and Biswanath. The former has as per the 2011 census report a population of 7388041. While the 2021 census has yet to be carried out, estimates place the district’s current population at 8110192. On the other hand, the 2011 census found Biswanath’s population to be 6124913. No reliable estimates could be found as regards its current population. It is important to note at this juncture that data on Biswanath is regrettably scarce. It was formed relatively recently, in 2015. Prior to that, it was part of the .

Both are part of the State of Assam and are located along the floodplains of the Brahmaputra river, on its northern flank. While both districts share close proximity with Bhutan, Bongaigaon is nearer. It is only a little way to the country’s south. Biswanath has within its administrative borders 832 villages and 2 cities. One of the latter, Biswanath- Chariali, acts as the district’s headquarters. Bongaigaon has 563 villages and 5 cities within its control. The city of the same name, Bongaigaon, serves as its district headquarters.

2. Sources and Condition of Groundwater

As mentioned, both Bongaigaon and Biswanath are located along the northern floodplains of the Brahmaputra river. That is where they derive most of their groundwater resources. Aside from that, rainfall is also a potent source in that regard. Bongaigaon is a high- rainfall area, having received over 600 millimeters of rainfall in the months of May, June, July,

1 District Census Handbook – Assam, Office of the Registrar General & Census Commissioner, (Jun 17, 2021, 1:53 PM). https://www.censusindia.gov.in/2011census/dchb/1820_PART_B_DCHB_BONGAIGAON.pdf 2 Population (2020/2021), India Growing (Jun 17, 2021, 1:55 PM), https://www.indiagrowing.com/Assam/Bongaigaon_District. 3 Population (As per 2011 Census), , Biswanath District (Jun 17, 2021, 2:11 PM), https://biswanath.gov.in/portlet-sub-innerpage/population-as-per-2011-census.

1 | P a g e and September in 2020.4 Overall, it had an average rainfall of 265.21 millimeters. Biswanath, however, receives a much more modest monthly average of 90.83 millimeters.5

Neither district has any real shortage of groundwater. However, judging from historical trends (2013 onward), the water level is generally and gradually declining. It is not dramatic or alarming, but it is noticeable. For instance, Baitamari in Bongaigaon had a water level of 3.94 MBGL (meters below ground level) in March 20136. That number, which has consistently fluctuated, had in January 2020 settled at 4.41 MBGL7. While not enough to turn heads, such decline could be dangerous if allowed to continue. It is a similar story with North Salmara, also in Bongaigaon. It had in March 2013 a water level of 4.56 MBGL. In January 2020, that figure became 5.38 MBGL. The fall is greater in Biswanath, specifically in Biswanath-Chariali. While in March 2013 it had a water level of 2.55 MBGL, that had by January 2020 diminished to 8.39 MBGL. That is almost 6 meters of groundwater.

However, it cannot be said that groundwater is declining all across the two districts. Most places have a water level that rises and falls each month but remains within a range of acceptable deviation from the average. Some even show improvement. One example is Bihupukhuri in Biswanath, which rose from 8.25 MBGL in March 2013 to 6.98 MBGL in January 2020. , which went from 4.41 MBGL to 2.67 MBGL, is another.

Thus, holistically, Bongaigaon and Biswanath do not suffer from majorly worrying or disturbing water level depletion. However, there is enough of a decrease in enough parts of the districts to raise concern.

A more prominent problem plaguing the two districts is water pollution. A study of the past 20 years of CGWB8 data9 brings out some troubling details. To understand them better, it is imperative to know that pH is a measure of how acidic or basic water is; EC is a measure of the electrical conductivity of water (which increases with the amount of organic and inorganic

4 Assam - Bongaigaon - Rainfall (mm.), Knoema (Jun 17, 2021, 3:24 PM), https://knoema.com/aulvzxc/district- wise-rainfall-data-for-india?tsId=1000760. 5 Climate , Best Time To Visit (Jun 17, 2021, 3:51 PM), https://www.besttimetovisit.co.in/india/biswanath-chariali-1795804/. 6 Ground Water Year Book 2013-14, Central Ground Water Board (Jun 17, 2021, 4:50 PM), http://cgwb.gov.in/Regions/NER/Reports/GWYB%20NER%202013-14.pdf. 7 Ground Water Year Book 2019-20, Central Ground Water Board (Jun 17, 2021, 5:01 PM), http://cgwb.gov.in/Regions/NER/Reports/Final%20GWYBNER%202019-20%20for%20CHQ.pdf. 8 Ground Water Quality Data (2000-2009), Central Ground Water Board (Jun 17, 2021, 5:43 PM), http://cgwb.gov.in/WQ/GWQ_2000-2009.xlsx. 9 Ground Water Quality Data (2010 - 2018), Central Ground Water Board (Jun 17, 2021, 5:49 PM), http://cgwb.gov.in/WQ/GWQ_2010-2018.xlsx.

2 | P a g e salts); and TDS is a measure of how many particles of dissolved solids the water contains. The latter includes both inorganic salts such as calcium, magnesium, sulphates, and so on, and other inorganic compounds which are harmful to the human body.

With that clear, we move on to the districts in question:

Bongaigaon

Determinant Part of District Not Falling Within Acceptable Range pH Bijni, Manikpur, Srijangram (Alkaline); Abhayapuri (Acidic)

EC Manikpur, Chaprakata, Srijangram, Sidli, Phuloni, Chalantapara, Baitamari, Bijni, Gerukabari

TDS Bijni, New Bongaigaon, Bongaigaon

Biswanath

Determinant Part of District Not Falling Within Acceptable Range

TDS Biswanath Ghat

As can be seen, Bongaigaon has quite a few areas where hydrological conditions are less than optimal. Of particular note is Bijni, where the water’s pH, EC, and TDS are too high. In contrast, Biswanath has only one area where only one quality determinant was detected as too high.

Bongaigaon’s troubles do not end there. According to a study by UNICEF, water in 18 districts of Assam has an arsenic concentration above the permissible limit. Bongaigaon is one of them. 47 of its habitations have arsenic in their water.10 Another study assessed the health of Lake Tamrangabeel in Bongaigaon by examining its aquatic life. Although it concluded that

10 Ground water in 18 districts has arsenic, Assam Tribune (Jun 18, 2021, 12:41 PM), https://assamtribune.com/ground-water-in-18-districts-has-arsenic.

3 | P a g e the lake had good ecological potential, it also warned of “perturbation” regarding the lake’s condition, which was to be addressed before it was “too late”.11

A more worrying finding came when the drinking water quality of 15 schools in the Bongaigaon area of the Bongaigaon district was measured. Everything from the concentration of iron and turbidity (water clarity) to the presence of the bacteria E. coli was found to be higher than the permissible limit. The water was deemed acidic. None of the schools were concluded to offer safe drinking water, and the authors hoped school authorities would seriously consider taking action to improve water quality. Since schools obtain drinking water from underground, this was also a particularly grave assessment of the area’s groundwater quality.12 This discovery was supported by another study. This one was conducted in the Dhaligaon locality within the Bongaigaon area of Bongaigaon district. A few samples crossed the permissible limits of iron and turbidity. Over half of the samples had high concentrations of E. coli.13

Finally, there exists a study conducted in Bongaigaon, concerning the district’s municipal waste disposal. Among its conclusions, the most striking is that while Bongaigaon produces 25 tonnes of waste each day, only approximately 21 tonnes are disposed of safely. 4 tonnes each day makes 1460 tonnes a year. In addition to this waste creating an undesirable smell and turning its surroundings unhygienic, it also gets carried to rivers and other water bodies whenever there is rain. This severely harms the water quality.14

A district assessment study conducted to find out the feasibility of water supply projects contains a previously unpublished survey carried out jointly by UNICEF, the Public Health Engineering Department (PHED) and IIT-. Out of the 1274 water sources it assessed

11 R.R Bhagawati, Susmita Gupta, Ecosystem Health of Lake Tamrangabeel, Bongaigaon District, Assam, India with Special Reference to Aquatic Insect Assemblage, Current World Environment (Jun 18, 2021, 12:54 PM), https://www.researchgate.net/publication/281561896_Ecosystem_Health_of_Lake_Tamrangabeel_Bongaigaon_ District_Assam_India_with_Special_Reference_to_Aquatic_Insect_Assemblage. 12 Ranu Roy, Munindra Nath Thakuria, Status of the Drinking Water Quality in Schools of Bongaigaon Area of Bongaigaon District of Assam, Nature Environment and Pollution Technology (Jun 18, 2021, 1:10 PM), https://neptjournal.com/upload-images/NL-31-23-(23)B-1019.pdf. 13 M.N. Thakuria, A.K. Talukdar, A Study on Physicochemical and Bacteriological Properties of Drinking Water in and around Dhaligaon Area of of Assam, Asian Journal of Research in Chemistry (Jun 18, 2021, 1:46 PM), https://ajrconline.org/ShowPDF_Paper.aspx. 14 M.N. Thakuria, A Study on Municipal Solid Waste Management in Bongaigaon, Assam, Nature Environment and Pollution Technology (Jun 18, 2021, 4:22 PM), https://neptjournal.com/upload-images/NL-1-19-(19)-B- 1401.pm.pdf.

4 | P a g e in Bongaigaon, 27% were found unsafe by WHO standards. Similarly, out of the 2163 water sources assessed in Biswanath, 34% were found unsafe by WHO standards.15

As previously noted, both Bongaigaon and Biswanath are located along the floodplains of the Brahmaputra river. A study determined that the conditions of the river in the Assam region is conducive to the release of arsenic into the groundwater. Just as predicted, the concentration of arsenic in said region has been found to be above the permissible limit.16

Thus, from all the data presented until now, it can be safely concluded that Bongaigaon and Biswanath do not necessarily suffer from a shortage of groundwater. While, regrettably, no such data could be found for the latter, Bongaigaon has been found to have 591 million cubic meters (MCM) of groundwater resources to tap into. 502 MCM has been declared safe for irrigation and industrial purposes and 89 MCM for drinking purposes.17 That is not a measly figure by any means. And since Bongaigaon and Biswanath are located close together and are fed by the same river, it can reasonably be inferred that the latter has a plentiful reserve of groundwater as well. The big problem facing these two districts is that their groundwater is polluted and hence contaminated. Having thousands of gallons of water is of no consequence if not an ounce of it is drinkable. This is especially true of Bongaigaon, about whose woes there are multiple reports.

It must be disclosed at this point that one report found 82% of participants in Bongaigaon use water from a safe source and that the infection rate is relatively low. However, the same study goes on to say that awareness about waterborne diseases and the importance of using safe water is also low in the district. Furthermore, it was also stated that residents of Bongaigaon do not use pond water for drinking purposes.18 This can only mean they filter the water first. Lastly, the infection rate being ‘relatively low’ is not enough. If a 90% infection

15 Consultancy Services for Undertaking Social Assessment, Capacity Building and Communication Framework For the Rural Water Supply & Sanitation Project in Assam, World Bank (Jun 18, 2021, 5:46 PM), https://documents1.worldbank.org/curated/en/154881468268197704/pdf/E41820v10EA0P10Draft0Report00Vo l-0I.pdf. 16 Chandan Mahanta, et al., Hydrogeochemical controls on mobilization of arsenic in groundwater of a part of Brahmaputra river floodplain, India, Journal of Hydrology: Regional Studies (Jun 18, 2021, 6:39 PM), https://cyberleninka.org/article/n/282605/viewer. 17 Sectoral Assessment Study of Current Rural Water Supply Services in Assam, Ministry of Jal Shakti (Jun 18, 2021, 6:48 PM), https://jalshakti-ddws.gov.in/sites/default/files/Sector_Assessment_Study.pdf. 18 Consultancy Services for Undertaking Social Assessment, Capacity Building and Communication Framework For the Rural Water Supply & Sanitation Project in Assam, Ministry of Jal Shakti (Jun 18, 2021, 7:43 PM), https://jalshakti-ddws.gov.in/sites/default/files/draft_%28ver.2%29_report_of_SA.pdf.

5 | P a g e rate were the average, 75% would be relatively low. People do get sick from the water, and that must be addressed.

3. Types of Water Assessment Units

Groundwater development is defined as a ratio between annual groundwater use and annual groundwater availability. In other words, it denotes the quantity of groundwater available for use. This is assessed in units, or blocks. There are four categories of water development – safe, semi-critical, critical, and over-exploited.19

A safe block means a block whose groundwater has potential for development. Semi- critical means the same, except for the necessity of a cautious approach. Critical blocks need intensive evaluation and monitoring for groundwater development, and over-exploited blocks require active water conservation measures for a sustained water supply into the future.20

As per a nationwide survey carried out by the CGWB in 2017, Bongaigaon has been classified as ‘safe’, meaning there is scope for groundwater development in the area.21 That is at odds with all the evidence provided above. Extracting contaminated groundwater would be harmful for residents of Bongaigaon. ‘Semi-critical’ seems the better categorization. There is undoubtedly a need to be cautious with the area’s groundwater, to treat it before use, to take measures to prevent or at the very least mitigate the release of arsenic (among other contaminants) into the water.

No categorization record has been found as regards Biswanath.

4. Sources of Groundwater Recharge

19 FAQ, Central Ground Water Board (Jun 19, 2021, 2:40 PM), http://cgwb.gov.in/faq.html. 20 Roopal Suhag, Overview of Ground Water in India, PRS Legislative Research (Jun 19, 2021, 2:48 PM), https://www.prsindia.org/administrator/uploads/general/1455682937~~Overview%20of%20Ground%20Water %20in%20India.pdf. 21 Block wise Ground Water Resources Assessment -2017, Central Ground Water Board (Jun 19, 2021, 3:05 PM), http://cgwb.gov.in/GW-Assessment/Categorization%20of%20AU.pdf.

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Anywhere in India, one would find two major sources of groundwater recharge, i.e., natural and artificial. Let us now examine these two sources with respect to our two districts in question, Bongaigaon and Biswanath.

i. Natural: When it comes to natural sources of groundwater recharge, there are only two, and they are common for both districts. The first is rainfall. Water that falls to the ground does not stay on the ground. It seeps through layers of porous soil and finally settles into water bodies like subterranean lakes and aquifers. It is from these bodies that pumps and wells draw water. The second natural source is the river Brahmaputra. It flows throughout the year, and as both Bongaigaon and Biswanath rest on its floodplains, it forms a permanent source of groundwater recharge. ii. Artificial: This is where the picture gets a little muddled. As of 2013, the CGWB found no efforts had been taken to form recharging pits in Bongaigaon.22 However, according to a report sent to the Chief Conservator of Forests by the Indian Oil Corporation (Bongaigaon Division) in the year 2019, it was noted that the IOC’s efforts resulted in 142780 cubic meters of groundwater being recharged each year.23 No CGWB records exist in the case of Biswanath. The only piece of information regarding groundwater recharge found for the district comes from an action plan for cleaning up the river Buroi, which itself is a tributary of the river Brahmaputra. This action plan, created in 2019, stated groundwater recharging as one of its goals. The method put forth was the creation of artificial lakes under various government schemes. Other than that, no data exists for groundwater recharging in either district.24

It is worth noting that most of the water-related schemes in Biswanath are directed at flood mitigation and water erosion containment. The district has suffered from disastrous floods in recent times, and that seems to be its major focus. As for Bongaigaon, it has the lowest per

22 Bongaigaon, Central Ground Water Board (Jun 19, 2021, 4:10 PM), http://cgwb.gov.in/District_Profile/Assam/BONGAIGAON.pdf. 23 Half-Yearly Compliance Report for MS Maximization Project, Indian Oil Corporation Limited (Jun 19, 2021, 4:37 PM, https://iocl.com/download/Six_Monthly_Compliance_(MS_Maximisation_project)_Nov_2019_Bongaigaon_Re finery.pdf. 24 Action Plan for Buroi River Near NH-52 Bridge, Biswanath District, Pollution Control Board, Assam (Jun 19, 2021, 4:53 PM), http://www.pcbassam.org/Final%20Action%20Plan%20Priority%20III,%20IV%20&%20V/Action_Plan_Baroi _River.pdf.

7 | P a g e capita income of all Assamese States, and as such residents have more pressing matters to spend money on than securing clean drinking water.

Even so, it has been found that as of June 19, 2021, under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), 4707 unskilled workers are engaged in water harvesting and conservation schemes in Bongaigaon.25 For Biswanath, that figure is at 1554.26

5. Annual Extractable Groundwater Resources

As per a 2017 report by the Ministry of Jal Shakti, Bongaigaon has quite a high amount of annual groundwater recharge, at 62392.15 hectare-meters (ham), out of which 58584.99 ham is extractable. Details regarding the rate and purpose of annual extraction are given below:

i. Irrigation – 10024.56 ham ii. Domestic – 1959.48 ham iii. Industrial – 37.08 ham

That brings the total amount of actual extraction to 12021.11 ham, which is roughly 1/5th of the total extractable groundwater. The stage of groundwater extraction for Bongaigaon is listed as 20.52%.27

While no such data is available for Biswanath, the Environment Information System (ENVIS) page on Assam notes that groundwater extraction in the State has increased manifold over the past few years. The water is extracted, mainly for irrigation, through shallow tubewells. Unscientific dumping of municipal and other industrial waste is increasing as time goes on. Such heavy extraction causes the water level to dip beyond the reach of shallow and

25 Bongaigaon MGNREGS Daily Supply Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) (Jun 19, 2021, 5:20 PM), https://mnregaweb4.nic.in/netnrega/dpc_sms_new.aspx?lflag=eng&page=d&state_name=ASSAM&state_code= 04&district_name=BONGAIGAON&district_code=0403&fin_year=2018- 2019&wrkcat=ALL&dt=1%2f9%2f2021+12%3a00%3a00+AM&Digest=+BP1Lr5b5RepZgmlv%2fR+kA 26 Biswanath MGNREGS Daily Status Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) (Jun 19, 2021, 5:17 PM), http://mnregaweb4.nic.in/netnrega/dpc_sms_new.aspx?lflag=eng&page=d&state_name=ASSAM&state_code= 04&district_name=Biswanath&district_code=0428&fin_year=2016- 2017&wrkcat=ALL&dt=1%2f16%2f2021+12%3a00%3a00+AM&Digest=IB6Wcqsal7AxNeWgFXv27Q. 27 Dynamic Ground Water Resources of India, 2017, Central Ground Water Board (Jun 19, 2021, 6:09 PM), http://cgwb.gov.in/GW-Assessment/GWRA-2017-National-Compilation.pdf.

8 | P a g e mid-depth tubewells in many parts of the States during winter, and this in turn causes water crises across Assam.28

6. Validity of Stage of Groundwater Extraction

The categorization of water resources as per their stage of extraction has been called uncertain, and hence needs to be validated through long-term groundwater trends. 10 years’ worth of data shall be considered for both the pre-monsoon and post-monsoon period. If the data regarding the trends and the ones collected during the water assessment procedures contradict, a re-evaluation will be required.29

The long-term trends of pre- and post-monsoon water levels of Bongaigaon and Biswanath are as follows (data is in meters and in the average of all values provided for all areas within a district)30:

District Pre-Monsoon Pre-Monsoon Post-Monsoon Post-Monsoon Rise Fall Rise Fall Bongaigaon 0.25 0.08 0.19 0.08 Biswanath 0.09 0.43 0.16 0.60

This table is incomplete, in that many areas – under both districts and in case of both pre- and post-monsoon levels – were left blank as regards their water level data. Hence, while this would prima facie validate immediate assessments (especially when it comes to the post- monsoon dip), it would be improper to make any conclusions.

7. Yearly Municipal Budget and Their Development

In the absence of district-wise data, one must depend on State-wise data. The amount dedicated to ‘water supply and sanitation’ in Assam over the past four years are as follows:

Year Amount (in Crores) Change From Previous Year

28 Assam ENVIS Centre, Water Resource, Environment Information System (Jun 19, 2021, 6:18 PM), http://asmenvis.nic.in/database/water_resource_942.aspx. 29 Report of the Ground Water Resource Estimation Committee, Central Ground Water Board (Jun 19, 2021, 6:49 PM), http://cgwb.gov.in/Documents/GEC2015_Report_Final%2030.10.2017.pdf. 30 Ground Water Year Book 2019-20, Central Ground Water Board (Jun 19, 2021, 7:14 PM), http://cgwb.gov.in/Regions/NER/Reports/Final%20GWYBNER%202019-20%20for%20CHQ.pdf.

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2017-1831 2723 - 2018-1932 2662 -2.24% 2019-2033 6204 +133.06% 2020-2134 7375 +18.87%

It is worth noting that the dramatic increase in budget from 2018-19 to 2019-20 was because water supply and sanitation had been bundled with multiple other goals of similar nature, such as urban development and sanitation. Even going by the standards of 2018-19, ₹2662 crores is not a paltry sum. It is certain that the past couple of years have seen a steady increase in water-allotted budgeting. How much of it was received by Bongaigaon and Biswanath remains unclear.

Further, there are four other sources of funds received by the two districts as regards water supply:

i. ₹32.02 lakhs for a ‘water supply scheme’ in Bongaigaon Town by the Ministry of Development of North-Eastern Region (MDONER). This was instituted in 2011. The project is still ongoing and only ₹11.29 lakhs have been disbursed.35 ii. ₹2072.31 crores promised for Assam in 2020-21 by the National Jal Jeevan Mission. There is no data on district-specific distribution, but Bongaigaon has been recognized as an area of focus.36 iii. ₹20 lakhs promised to Bongaigaon for basic services such as clean running water under Multi-Sectoral Development Plan (MSDP) from 2007-08 to 2011- 12. There is no data on if the funds were utilized or indeed ever disbursed.37

31 Assam Budget Analysis 2017-18, PRS Legislative Research (Jun 19, 2021, 11:26 PM), https://prsindia.org/budgets/states/assam-budget-analysis-2017-18. 32 Assam Budget Analysis 2018-19, PRS Legislative Research (Jun 19, 2021, 11:30 PM), https://prsindia.org/budgets/states/assam-budget-analysis-2018-19. 33 Assam Budget Analysis 2019-20, PRS Legislative Research (Jun 19, 2021, 11:33 PM), https://prsindia.org/budgets/states/assam-budget-analysis-2019-20 34 Assam Budget Analysis 2020-21, PRS Legislative Research (Jun 19, 2021, 11:28 PM), https://prsindia.org/budgets/states/assam-budget-analysis-2020-21. 35 List of projects for Assam under All Schemes (MDONER), Ministry of Development of North-Eastern Region (Jun 20, 2021, 11:26 AM), https://mdoner.gov.in/dashboard/schemetables/common_all_project_list_scheme.php?scheme=total_doner&&st ate=assam. 36 Assam AAP Minutes, Ministry of Jal Shakti (Jun 20, 2021, 11:34 PM), https://jalshakti- ddws.gov.in/sites/default/files/Assam_AAP_Minutes_22052020.pdf. 37 Multi-Sectoral Development Plan for Minority, Government of Assam (Jun 20, 2021, 11:44 AM), http://bongaigaon.nic.in/msdp-Bongaigaon.pdf.

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iv. Multiple applications seeking grants-in-aid and conveying sanctions for the same under various MSDP schemes (Bongaigaon). There is no data on whether the funds were ever disbursed.

Thus, it would appear that the districts do receive funding for water-related schemes, whether from the State budget or from schemes formed thereunder.

8. Legal Provisions

This paper shall not examine Central Acts such as the Water (Prevention and Control of Pollution) Act, 1974. Instead, we shall be taking a look at legislation specific to Bongaigaon and Biswanath. While their municipal corporations are predictably opaque as regards by-laws or regulations relating to water, we shall be studying three pieces of State legislation that would undoubtedly apply to all districts in Assam.

i. Assam Notified Urban Areas (Other than Guwahati) Building Rules, 201438: ▪ Inside buildings of more than 10000 square meters, rainwater harvesting and groundwater recharging mechanisms are to be built [Section 11(2)(ii)]. ▪ Rainwater shall be collected in pipes, and that much which is not used for any other purpose shall be used for recharging groundwater [Section 83(3)(i)]. ii. Assam Ground Water Control and Regulation Act, 201239: ▪ All community centers (such as hospitals and educational institutions) shall have groundwater recharging mechanisms [Section 6(7)]. ▪ Rainwater harvesting mechanisms to facilitate groundwater recharge shall be built in notified areas [Section 19(1)]. ▪ An Assam State Ground Water Authority shall be constituted. It shall have wide powers, ranging from entering public and private property to make assessments of groundwater quality and regulation adherence to passing sentences of punishment against offenders. One of its most important

38 Assam Notified Urban Areas (Other than Guwahati) Building Rules, 2014, No. UDD(T)42/2008/vol-2/116., Government of Assam, 2014. 39 Assam Ground Water Control and Regulation Act, 2012, No. XVI of 2012, Government of Assam, 2012.

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functions shall be to spread awareness programs as regards the importance of groundwater conservation and recharge. ▪ In areas notified as such, anyone wishing to dig into the ground and withdraw water (except via hand-pumps and manual devices), whether for a private purpose or otherwise, shall require a permit of the aforementioned State Authority to do so [Section 6]. ▪ Punishments for non-compliance are as follows [Section 21]:

Description Fine Fine (Second Imprisonment Imprisonment of Offence (First and (First Time) (Second and Time) Subsequent Subsequent Times) Times) Up to Up to ₹1000 N/A N/A Non-supply ₹200 of requested information Up to Up to ₹10000 N/A Up to 6 months Illegal ₹1000 sinking or construction and/or use of wells Up to Up to ₹10000 N/A Up to 6 months Overdrawal ₹1000 of water than permitted limit

iii. Assam Municipal Act, 195640 ▪ Conveniently located wells, streams, rivers and so on (not being private) may be set apart for supply of water or for culinary purposes. Any bathing, washing of clothes, people or animals, and so on may be banned [Section 186(1)]. ▪ ‘Unwholesome’ water is not to be used. If the water is within private property, the owner must permanently shut off all access and fill the access area with materials that prevent the extraction of groundwater [Section 187]. ▪ Every municipal board is to ensure water in the district is safe and supplied to citizens throughout the year [Section 264].

40 Assam Municipal Act, 1956, No. 15 of 1957, Government of Assam, 1957.

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iv. State Water Policy of Assam, 200741 ▪ This is a water policy formulated by the Government of Assam in 2007 that deeply divided citizens. While some called it progressive and much-needed, others claimed it gave too much power to corporations and opened the door for exploitation of farmers and other agricultural workers. Nevertheless, it contained provisions pertinent to this paper. ▪ The objectives of the policy were broad. All water resources were to be preserved and optimally utilized. Utilizable water resources were to be developed to the maximum. Water quality was given priority both above and below ground. Water was to be judiciously allocated, with drinking water supply being the ‘first priority’. Rainwater harvesting and recharging of aquifers was to be emphasized. Water resource development was to be made self-sustainable. A total of 20 such goals were stated [7]. ▪ A wealth of initiatives were proposed, beginning with ‘decentralized’ authority, meaning citizens themselves would be educated on the importance of water conservation and would be relied upon to act responsibly and save water. Every household would be fitted with water saving devices. Water meters would be introduced for all consumers. There would be a water tariff for all three sectors, i.e., domestic, industrial, and agricultural. Water balance would be audited. A pressure irrigation system would be introduced. Treated sewage water would be used for non-edible crops wherever feasible. Similarly treated urban sewage water would be used for cooling and other processes [8.1]. ▪ All members of the concerned community would have the first right to the water beneath their feet and not an individual on land-ownership basis. The community would have the right to regularly inspect groundwater usage and quality to ensure private landowners did not overdraw or exploit it. Diversion of groundwater for industrial purposes would not be allowed without the community’s consent. Crucially, the negative environmental consequences of over-exploitation of groundwater would be prevented by the State of Assam through legislation [8.14].

41 State Water Policy of Assam (Draft), 2007, Government of Assam, 2007.

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▪ The Polluter Pays Principle would be adopted in case of both surface water and groundwater pollution. This means those who actually polluted water are the ones who would have to pay compensation and make sure water quality returns to its pre-pollution level. Water would periodically be scientifically measured to determine and combat water pollution. [9.2]. ▪ Awareness would be spread about rainwater harvesting as a measure to recharge groundwater. Incentives would be provided in that regard. Both traditional and modern techniques would be adopted to harvest rainwater. Old machinery would be modernized [9.7]. ▪ Existing legislation regarding groundwater and water in general would be examined and overhauled if necessary. New legislation would be formed. The rights and responsibilities of citizens would be clearly underlined, as would measures to make governmental agencies more accountable as to how they use water [9.8]. ▪ Since water was under the purview of various departments at that moment, it was proposed that a central organization, i.e., the State Water Resources Board/Council be formed, along with a State Water Resources Development Authority and a State Water Resources Data & Information Center [11]. ▪ These are laudable goals and measures. But they are inoperative right now. The 2007 Assam Water Policy was a mere draft. Nothing official ever became of it. However it is worth noting that according to the latest 7 years’ sustainable goals document put forth by the existing Water Resources Department, it is planned that Assam shall have a formal water policy by 2023-24.42

9. Assessment of Groundwater Resource Statistics

When assessing groundwater statistics, an odd disparity between governmental data and independent data becomes apparent. While government data repeatedly states Assam has no issue with groundwater, independent studies and research papers claim differently.

42 Sustainable Development Goals, Water Resources Department, Government of Assam (Jul 05, 2021, 4:53 PM), https://waterresources.assam.gov.in/sites/default/files/swf_utility_folder/departments/wr_webcomindia_org_oid _3/menu/right_menu/right_menu/WRD%20SDG_7%20Year.pdf.

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Governmental text always focuses on the vast resources at Bongaigaon and Biswanath’s disposal. That is indisputable. The districts, and Assam as a whole, do have a wealth of groundwater.

However, central data does not mention water pollution much. If it does, it maintains Assam has no pollution problem, that contaminants are ‘within permissible limits’. But independently conducted studies, such as the ones cited in this paper, reveal high levels of arsenic, TDS, and conductivity. The clarity of water is low and the bacterium E. coli is present at alarming levels.

As noted in the previous section, the CGWB did omit data for several areas as regards their water level. All the data that exists from 2000 to 2018 on the CGWB’s website is similarly incomplete. Some have pH levels missing, some have alkalinity levels omitted, some have TDS data absent. It is difficult to form a realistic opinion when the basis itself for such opinion is faulty.

Another problem is that water data is rarely current. One or two reports that have been relied upon in this paper were written as far back as 2009. The average person should not have to trawl across the internet, searching for a plethora of obscure keywords, to get a reliable picture of an area’s water level. This information should be on every district’s website, readily offered instead of jealously guarded.

All this is to say one would not feel confident carrying out any kind of assessment of water data, because the data itself is vague at best and incomplete at worst. That said, if pressed, one would have to conclude that while Bongaigaon and Biswanath do not have a water supply problem, they most definitely have a water contamination problem. It does not matter if a country has billions of cubic meters of groundwater if it is rife with contaminants and cannot be directly drunk.

Lastly, both districts see quite a drop in their water levels post-monsoon. That needs to be addressed.

10. Major Issues 1. Lack of Transparency: It must be noted that gathering data on the two districts’ water supply was not simple. This is a major disadvantage of both Bongaigaon and

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Biswanath, that their websites are less than forthcoming when it comes to data on groundwater supply and condition. While Biswanath’s website does contain some data, it is not in precise terms. One could gather the names and brief details of water supply schemes, but would not know how much capital has been poured into it, how many personnel are assigned to it, how much of the funds have been disbursed, and so on. As for Bongaigaon, the Water Resources Department page on its website simply says Currently No Data Available43. With the general dearth of straightforward data, sources such as Central Ground Water Board (CGWB) reports, independent studies on the districts’ groundwater resources, letters seeking disbursement of funds under water-related schemes, and so on had to be relied upon to obtain a clearer picture. It is hoped that this lack of transparency will be rectified in the coming months and years.

2. Non-Formation of Agencies and Departments: We examined four major sources of legislation in the previous section. The second piece of legislation is for immediate, day-to-day water protection, the most comprehensive and vital. Unfortunately, it is also the one which is as yet defunct. Even though this Act was passed in 2012, no rules have yet been formed thereunder. As a consequence, the Act is not in force. There is no Assam State Ground Water Authority, and its provisions might as well not exist.44 Similarly, none of the three central departments envisioned by the Assam State Water Policy, 2007 was ever constituted.

3. Insufficient Water Laws: It is unclear whether no municipal by-laws have been formed at all for Bongaigaon and Biswanath or whether they have simply not been computerized and uploaded to the internet. Both alternatives are troubling. If there are no by-laws, and especially since the Assam Ground Water Act, 2012 is inactive right now, there is no framework for checking, preventing, and punishing water pollution and wastage specifically in the two districts. If they are not computerized, the common man would have no access to them. They could be inadequate, full of

43 Water Resources Department, Government of Assam, Bongaigaon District (Jun 17, 2021, 2:47 PM), https://bongaigaon.gov.in/departments/water-resources-department. 44 Legislation to regulate, prevent rampant ground water extraction need to come into effect, Sentinel Assam (Jun 20, 2021, 1:03 PM), https://www.sentinelassam.com/top-headlines/legislation-to-regulate-prevent-rampant- ground-water-extraction-need-to-come-into-effect.

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loopholes, or vague, and nobody could do anything about it because nobody would even know about it.

11. Proposed Changes With the express concession that the author is not an expert in governance or the geography of Bongaigaon and Biswanath, this paper would like to humbly put forth seven points of change to improve the groundwater situation in the two districts and Assam as a whole. 1. Transparency: The very definition of a democracy entails that every citizen be aware of the country’s affairs. The right to information is part of India’s spirit. It is thus quite disappointing that the governments of Bongaigaon and Biswanath offer no information on groundwater pollution and levels in their district. Groundwater is used for drinking purposes. If it is compromised, a citizen might be poisoned. The quality and level of groundwater is vital for citizens and they have an intrinsic right to obtain data in that regard. The first point of change is that the websites of the two districts and that of Assam prominently display such information. 2. Awareness: As commonly known as the fact that the sun rises in the east should be the directive that no one should waste even one drop of water. Anything less is not enough. Compliance should be both enforced and coaxed. Punishments as well as incentives (for example, if you can prove you have and use rainwater harvesting measures, you get a nominal decrease in tax) should be used. 3. Increased Spending: A greater budget must be allocated on both the State and district level to ensure better water treatment and measurement devices can be purchased. There is no overnight measure to clear the Brahmaputra river of arsenic. The best we can do is use the cutting edge of water treatment plants to purify it before use. 4. Formation of Agencies: All four agencies mentioned in this paper, i.e., the Assam State Ground Water Board, the State Water Resources Board/Council, the State Water Resources Development Authority, and the State Water Resources Data & Information Center must be constituted. The role they are envisioned to perform is immense and they must be formed as soon as possible. 5. Stricter Punishments: Wastage and pollution of water must carry a punishment of at least 3 years of imprisonment along with at least ₹10000 in fines. If we

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compromise water, we compromise the future of the human race. Such an offence cannot and must not be taken lightly. In fact, handing out exemplary sentences would not be unjust. 6. More Laws: Quantity is as important as quality here. Every district must have a different water policy since every district has a different population and hence different water needs, a different geography, and so on. The laws formed under such a comprehensive water policy will make sure efforts are taken to conserve water at the grassroots level. And, of course, every such policy and law should be uploaded to the internet for all to see. 7. Sustainable Water Use: It is impossible to wholly eradicate pollution. One pollutant or the other always slips through the cracks. What is needed is to treat the water so it is safe to use. In addition, the use of fertilizers and other chemicals that can seep through to the groundwater must be minimized. Industries must not be allowed to dump waste into water. Every single ton of waste must be safely disposed. The burning of fossil fuels must be avoided in order to prevent acid rain. As a whole, eco-friendly and sustainable measures must be used as far as possible.

12. Conclusion

From all the data and evidence presented in this paper, the following points of conclusion must be drawn:

i. As has been stated before, Bongaigaon and Biswanath (and Assam as a whole) do not suffer from a shortage of groundwater. But it has been contaminated, chiefly by arsenic. Having vast reserves of groundwater is pointless if they cannot be safely used. ii. There is a maddening dearth of data on district-level groundwater. Water levels for multiple areas within Bongaigaon and Biswanath were omitted more than once. Pre- monsoon and post-monsoon levels proved especially elusive. The fields where the data was to be filled were simply left blank. That is highly irresponsible, particularly in light of the common citizen’s right to know such details. iii. There is a disparity between claims made by the government and independent assessors. While the government maintains they have a plentiful supply of

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groundwater (which is true) that is safe for use, independent assessors put forth data showing the water to be contaminated. iv. There appears to be a general disregard for the conservation of groundwater. For instance, under the Assam Municipal Act, 1956, anybody found negligently wasting water inside their home will be fined ₹20. Anybody wasting water by any other means will be fined ₹5. The fact that these provisions have not been updated in more than sixty years is quite telling. Common people seem similarly unconcerned. Although, in case of Bongaigaon, which has the lowest per capita income of all districts in Assam, it is more a case of them not having the financial means to worry about obtaining safe water. Awareness programs are held45, but they are few and far between. Not enough is being done to make people understand how grave an offence it is to waste water. Who is going to take it seriously if the government fines them ₹5 for doing it? v. Either there are no specific groundwater laws for Biswanath and Bongaigaon, or they are not computerized and uploaded to the internet. Both are worrying alternatives and must be addressed as soon as possible. Even if substantive provisions exist for the whole of Assam, procedural provisions must be formulated for every district, each of which is likely to have different needs. vi. There appears to be a general reluctance on the part of the district governments to provide groundwater data. Bongaigaon’s water resources department simply says there is no available data at this point. Biswanath makes an effort, but it is not nearly enough. Exact data as regards pollution data and how much is spent every year on rectifying it is glaringly absent.

It is impossible to form an educated opinion on the groundwater condition in Assam because there is just not enough data available. But from whatever has been found, the situation is stark. An immediate intervention, in the form of asking for the necessary data, is advised.

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45 Legal Services Camp, Assam State Legal Services Authority (Jun 20, 2021, 1:50 PM), https://aslsa.assam.gov.in/sites/default/files/swf_utility_folder/departments/aslsa_medhassu_in_oid_4/latest/Leg al%20Services%20Camp%20at%20Bongaigaon.pdf.

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