No: 15 Dated: Dec, 06 2006

THE ARUNACHAL PRADESH WATER RESOUBCES REGULATOBY AUTHORITY ACT, 2006

(ACT NO. 15 OF 2006)

    An Act to provide for the establishment of the Arunachal Pradesh Water Resources Regulatory Authority to regulate water resources within the state of Arunachal Pradesh, Iacilitale and ensure judicious, equitable and sustainable management, allocation and utilisation of water resources, fix the rates for use ol water lor agriculture, industrial, drinking and other purposes and matters connected therewith or incidental thereto.

    BE it enacted by the Legislative Assembly ol Arunachal Pradesh in the Fifty-seventh Year of the Republic of lndia as follows :

Chapter I

Preliminary

1. Short title, extent and Commencement:-(1) This Act may be called the Arunachal Pradesh Water Resources Regulatory Authority Act, 2006.

(2) lt extends to the whole of the State of Arunachal Pradesh.

(3) it shall come into force on such date as the State Government may, by notification in Official Gazette, appoint and different dates may be appointed for different areas and lor different sections ot this Act.

2. Definitions:-(1) ) ln this Act, unless the context otherwise requires-

(a) "Aggregate Bulk Water Entitlement" means an aggregate of Entitlements issued to a group or association of Water User Entities for the purpose ol joint management ol the Bulk Water Entillements ;

(b) "Allocation" means the portion or percentage of an Entitlement declared annually or seasonally by the Prescribed Authority to be made available to the holder of an Entitlement based upon the availability of water lor the period within the sub-basin, river basin , proiect or storage facility for that season or year ; and during water crisis or scarcity on the principle of proportionate entitlement.

(c) "Authority" means theArunachal Pradesh Water Resources Regulatory Authority established under section 3 ;

(d) "Board" means the State Water Board constituted under section 15 ;

(e) "Bulk Water Entitlement" shall mean the volumetric entitlement to a share of the surface water resources produced by a project, river system or storage facility, lor a specilic category or Categories of Use, and deliverable within a specif ic period of time as specif ically provided in the order granting the Entitlement ;

(f) "Category ot Use" shall mean use oI water lor di{ferent purposes, such as for domestic, agricultural irrigation ; agro-based industries, industrial or commercial, environmental , etc., and includes such other purposes as may be prescribed ;

(g) "Chairperson" means lhe Chairperson of the Authority ;

(h) "Council" means the State Water Council constituted under section l6 ;

(i) "Entitlement" means any authorisation by any river basin agency to use the water for the purposes ot this Act ;

(j) "Government" or "State Government" means the Government of Arunachal Pradesh.

(k) "Governor" means the Governor of Arunachal Pradesh.

(l) "lndividual Water Entitlement" means any authorization by theAuthority to use the water other than Bulk Water Entitlemenl or an Aggregate Bulk Water Entitlement ;

(m) "lntegrated State Water Plan " means a water plan approved by the State Water Council ;

(n) "lrrigation Project" means a project constructed to provide irrigation lacilities to the land situated in the command area in accordance with the project reports and orders in this regard, as revised lrom time to time ;

(o) "Member" means a Member ol theAuthority and includes the Chairperson;

(p) "Prescribed" means prescribed by the rules made under this Act;

(q) "Prescribed Authority " means any authority at various levels within the water resource managemenl system that has been duly authorised by the Authority to determine and declare, on an annual or seasonal basis, the quota or amount ol water available within a system lor use as an allocated percentage of the entitlements duly issued by the Authority;

(r) "Project Level Entily' means a group of all Water User Entities, Irom a common supply source within a water resources project;

(s) "Ouota" means a volumetric quantity of water made available to an Entitlement holder, which is derived by multiplying an Entitlement by the annual or seasonal allocation percentage;

(t) "Regulations" means regulations made by the Authority under this Act:

(u) "River basin Agency" means any River basin Development Corporations operating in the Biver basin or otherwise includes the Government Authorities as specified by the Government, f rom time to time,.

(v) "Selection Committee" means a Selection Committee constituted under section 5;

(w) "State" means the State ofArunachal Pradesh;

(x) "State Water Policy" means the Water Policy of the State:

(y) "Sub-Basin"means a hydrologic unit or hydrologic sub-unit of a river basin within the State;

(z) "Sub-surface entitlement" means an individual or Bulk Water Entitlemenl lo a volumetric quantityol water to be extracted in the command area ol the irrigation project from a tube well, bore well or other well or by any other means of extraction of sub-surface water, or a group or lield or wells duly and legally permitted, registered and constructed in accordance with standards prescribed by the Authority;

(za) "Utility" means any Water User Entity responsible forthe management, treatment and distribution of domestic or municipal water supplies (including water use lor Industries);

(zb) "Volumetric" means a measurement of water on the basis o{ volume as per the norms of the Bureau of lndaan Standard ;

(zc) "Water User Entity" means any Water User's Association, Utility, lndustrial User's Association, other User's Association, or any other group (or individual ) which is authorised by the Authority to receive and utilize a water Entitlement;

(zd) 'Water User's Association" means a Water User's Association Iormed at the minor level or above , which represents the users ol irrigation water from that segment ol any project, canal or natural flow storage system;

(2) Words and expressions used and not delined in this Act but delined in various irrigation or water resources related Acts in the State shall have the meanings respectively assigned to them ln those Acts.

Chapter II

Arunachal Pradesh Water Resources Regulatory Authority

3. Establishment and incorporation ot Authority:- (1) The State Government shall, within three months trom the dale of the commencement of thisAct, by notalication in the Off icial Gazette, establish an Authorityto be known as lheArunachal Pradesh Water Resources'Regulatory Authority lo exercise the powers conlerred on, and to perform the functions and duties assigned to it ' under this Act.

(2) The Authority established under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal , with power to contract , acquire, hold and dispose ol property, both movable and immovable , and to do all things necessarylorthe purposes ol thisAct, and may sue or be sued by its corporate name.

(3) The Head office ol the Authority shall be at Itanagar.

(4) The Authority shall consist of a Chairperson and two other Members

(5) The Chairperson and the other members of the Authority shall be appointed bythe Governor ofArunachal Pradesh on the recommendation of the Selection Commrttee conslituted under section 5.

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