(1) Every existing user of ground water in a notified area shall, within a period of two months from the date of establishment of the Authority shall, make an application on such form containing such particulars and fees, as may be prescribed, to the Authority for the grant of certificate of registration recognizing its existing use:
Provided that the Authority may entertain any such application after the expiry of the said period of sixty days, if it is satisfied that the user was prevented by sufficient cause from filing application in time.
(2) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against the public interest to do so, it shall grant, subject to such conditions and restrictions as may be specified therein, a certificate of registration in such form as may be prescribed authorizing continued use of the ground water:
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 user of ground water shall be refused a certificate of registration without being given an opportunity of being heard.
(3) The decision regarding grant or refusal of the certificate of registration shall be intimated by the Authority to the applicant within a period of thirty days from the date of decision.
(4) In granting or refusing a certificate of registration under subsection (2), the Authority shall have regard to,-
(a) the purpose or purposes for which water is to be used;
(b) the existence of other competitive users;
(c) the availability of water;
THE HIMACHAL PRADESH GROUND WATER (REGULATION AND CONTROL 7 OF DEVELOPMENT AND MANAGEMENT) ACT, 2005
(d) quality of ground water with reference to its usage;
(e) spacing of ground water abstraction structures keeping in view the purpose for which water is to be used;
(f) long term ground water level behaviour ; and
(g) any other factor relevant there to.
(5) Every existing user of ground water in the notified area during pendency of decision of the Authority under sub-section (2) shall be entitled to the continued use of the ground water in the same manner and to the same quantity as he was entitled prior to the date of application.
(6) If a registered well becomes defunct, this fact shall be immediately brought to the notice of the Authority by the user of ground water and such well may be used for ground water recharging if in the opinion of the Authority it is found fit.