(1) Any user of ground water desiring to sink a well within notified area, for any purpose shall, on payment of such fee as may be prescribed, apply to the Authority for grant of a permit, and shall not proceed with any activity connected with such sinking unless a permit has been granted by the Authority.
(2) Every application made under sub-section (1) shall be in such form and contain such particulars as may be prescribed.
(3) The Authority shall consider the application made under subsection (1) and if satisfied, may grant a permit, in such form as may be prescribed, subject to such conditions and restrictions as may be specified, within sixty days from the date of receipt of the application:
Provided that while considering the application the Authority shall give first priority for drinking water needs in preference to other needs:
Provided further that no permit shall be refused without affording an opportunity of being heard.
(4) The decision regarding grant or refusal of the permit shall be intimated by the Authority to the applicant within a period of thirty days from the date of decision.
(5) In granting or refusing a permit under sub-section (3), the Authority shall have regard to - THE HIMACHAL PRADESH. GROUND WATER (REGULATION AND CONTROL OF DEVELOPMENT AND MANAGEMENT) ACT, 2005 6
(a) the purpose or purposes for which water is to be used;
(b) the existence of other competitive users;
(c) the availability of water;
(d) quality of ground water to be drawn with reference to proposed usage;
(e) spacing of ground water structures keeping in view the purpose for which water is to be used;
(f) minimum distance of two hundred meters in case of shallow well and three hundred meters in case of tube well from the existing source of water supply scheme or irrigation scheme, as the case may be;
(g) long term ground water level behaviour; and
(h) any other factor relevant thereto.