Impact of Agricultural Activities on Water Contamination and Pollution: Analysing the existing Central Regulatory Framework to Counter Agricultural Water Pollution

–Madhubanti Sadhya, Teaching Associate, CEERA, NLSIU

-Shristi Borthakur, Student, Symbiosis Law School, Noida

-Kusumika Sen, Student, Tamil Nadu National Law University

 

Agricultural pollution refers to by-products – biotic or abiotic- of farming and agricultural practices that result in degradation of the environment and surrounding ecosystems. According to the Food and Agriculture Organization of the UN (FAO), agriculture – cropping activities, livestock and aquaculture – is one of the three major sources of water pollution globally; the other two being human settlements and industries.[1] In fact, agricultural pollution has already overtaken contamination from settlements and industries as the major factor in the degradation of inland, especially freshwater systems, and coastal waters, in most high-income countries and other emerging economies, and has direct negative impact on human health. Water- salinity issues have been majorly reported in India.[2] Key reasons for increasing incidences for agricultural pollution are identified as pollution growth, changes in diet, and increasing food demand.[3] Furthermore, in India, incidences of crop- burning also contribute to air pollution, and the control over refuse burning is key.[4] Agricultural wastes, containing large quantities of agrochemicals, organic matter, drug residues, sediments and saline drainage that is discharged into water bodies, raises questions regarding the relationship between waste management and water pollution.[5] In fact, run-offs from agriculture are a leading source of degradation of water bodies,[6] and are also identified as a major environmental issue by the Organization for Economic Co-operation and Development (OECD) countries.[7]Adoption of intensive irrigation and modern farming techniques, including over-fertilization, are key contributors to agricultural pollution in India.[8]The pollution control authority in India, the Central Pollution Control Board [“CPCB”] has time and again warned against the excessive and unchecked use of fertilizers and its impact of the surrounding environment.[9]The required rise in agricultural production has thus resulted in environmental costs, contributing to unsustainable agricultural intensification and to water-quality degradation.[10] However, at the same time, agriculture is also a victim of water pollution.[11]

DIFFICULTY IN IDENTIFYING SOURCES OF AGRICULTURAL WATER POLLUTION

The source of water pollution may be broadly divided into two categories- point source and non-point source. The former are sources attributed to the activities where waste water can be directly routed into the receiving bodies like discharge pipes etc. Non-point sources of water pollution, also termed as diffuse source pollution in the United States, represents a wide range of human activities for which the pollutants do not have any obvious point of entry into the water course. While it is easy to identify point-source water pollution, non-point water sources are difficult to identify.

Conventionally, water pollution from all types of agricultural practices and land use, which includes animal feeding are treated as non-point sources. Therefore, the source of agricultural water pollution becomes difficult to identify. Besides being difficult to identify, they also respond to different hydrological condition and differ according to the usage of the land. While control measures might be effective in controlling the point source water pollution, such control might be difficult for the non-point sources of water pollution.[12]

TABLE 1: Classes of non-point source water pollution related to agricultural activities as identified by International Joint Commission, 1974[13](highlighted portions)

AGRICULTURE	REASON FOR THE POLLUTION	THE CHEMICALS CAUSING WATER POLLUTION
·      Animal feedlots ·      Irrigation ·      Cultivation ·      Pastures ·      Dairy farming ·      Orchards ·      Aquaculture	Runoff from all the mentioned categories of agricultural activities  resulting in surface and groundwater pollution. In colder climates, runoff from frozen ground is a major problem, especially where manure is spread during the winter. Vegetable handling, particularly washing in polluted surface waters in many developing countries, results in contamination of food supplies. Development of aquaculture is a significant contributor of non-point source water pollution in many countries. Irrigation return flows carry salts, nutrients and pesticides. Tile drainage rapidly carries leachates such as nitrogen to surface waters.	Phosphorus, nitrogen, metals, pathogens, sediment, pesticides, salt, Biological Oxygen Demand, trace elements (example, selenium).
Forestry	Increased run-off from disturbed lands which includes forest clearing for urbanisation.	Sediment , pesticides
Liquid waste disposal	Disposal of liquid wastes from municipal wastewater effluents, sewage sludge, industrial effluents and sludges, wastewater from home septic systems; especially disposal on agricultural land, and legal or illegal dumping in watercourses.	Pathogens, Metals and organic compounds

 

IMPORTANT FOCUS AREAS FOR LAWS AND POLICIES TO CURB AGRICULTURAL WATER POLLUTION

The significant contributors to water pollutants are nutrients, pesticides, salt, sediments, organic matter, pathogens, metals and emerging pollutants like hormones and drug residues.[14] Table 2 shows the relative contribution of each of the pollutants from crops, livestock and aquaculture. It can be seen from the table that usage of nutrients, pesticide, salt and sediments from crops are the major contributors of agricultural water pollution. The major pollutants of livestock are nutrients, sediment, organic matter and emerging pollutants. Laws and policies should aim at controlling those major pollutants from crop and livestock that result in non-source water pollution.

TABLE 2: Major water pollutants and their relative contribution from crops, livestock and aquaculture[15]

Category of Pollutant	Indicators	Relative Contribution by
		Crops	Livestock	Aquaculture
Nutrients	Primarily nitrogen and phosphorus present in chemical and organic fertilizers , animal excreta and normally found in water as nitrate, ammonia or phosphate	***	***	*
Pesticides	Herbicides, insecticides, fungicides and bactericides, including organophosphates, carbamates, pyrethroids, organochlorine pesticides and others like DDT	***	–	–
Salts	For example, ions of sodium, chloride, potassium, magnesium, sulphate, calcium and bicarbonate. Measured in water, either directly as total dissolved solids or indirectly as electric conductivity	***	*	*
Sediment	Measured in water as total suspended solids or nephelometric turbidity units – especially from pond drainage during harvesting	***	***	*
Organic matter	Chemical or biochemical oxygen demanding substances (e.g. organic materials such as plant matter and livestock excreta), which use up dissolved oxygen in water when they degrade	*	***	**
Pathogens	Bacteria and pathogen indicators. E.g. Escherichia coli, total coliforms, faecal coliforms and enterococci	*	***	*
Metals	For example, Arsenic, Copper, Lead , Mercury, Manganese	*	*	*
Emerging pollutants	These include drug residues, hormones and feed additives	–	***	**

 

PRIMARY CAUSES OF AGRICULTURAL WATER POLLUTION IN INDIA

The causes of agricultural water pollution in India are as follows:-

PESTICIDES

India’s usage of pesticide is different from the rest of the world. While the rest of the world’s usage of insecticide is 44%, India’s usage of insecticide is 76%.The use of herbicides and fungicides is correspondingly less heavy than insecticide. In India, pesticides are used the most in cotton crops (45%), followed by paddy (20%) and wheat. Table 3 shows a comparison of pesticide usage of India from rest of the world.

TABLE 3: A comparison of pesticide usage between the world and India[16]

All the figures are shown in terms of percentage.

However, it is to be noted that India’s agrochemical consumption is one of the lowest in the world with 0.5 kg consumption /hectare, whereas it is 3 kg/hectare and 12kg/hectare in Germany and Japan respectively.[17] Production of wheat and pulses accounts for 4% of the pesticides, vegetables and other plantations accounts for 9% and 7% respectively. State wise, Maharashtra has consumed the highest amount of chemical pesticides in the last five years from 2014-15 to 2018-19.[18]  50 % of the water pollution of the streams and rivers occurs as a result of leaching and mixing of chemicals due from agricultural practices.[19]

Effects of Pesticides on the Environment

Surface water contamination- Pesticides may reach the water surface through runoff from treated plants and soils and result in surface water contamination by leaching through soil.[20] Out of 36 states and Union Territories in India, 31 of them are polluted with Maharashtra having the highest number of polluted river stretches at 53. Maharashtra is followed by Assam, M.P., Kerala, Gujarat, Odisha, West Bengal, Karnataka, Uttar Pradesh, Goa, Uttarakhand, Mizoram, Manipur, Jammu and Kashmir, Telengana, Meghalaya, Jharkhand, Himachal Pradesh, Tripura, Tamil Nadu, Nagaland, Bihar, Chhattisgarh, Andhra Pradesh, Sikkim, Punjab, Rajasthan, Puducherry, Haryana and Delhi (as per 2015 Central Pollution Control Board).[21] The 2018 Report identifies three hundred and fifty one polluted stretches on three hundred and twenty three rivers with very poor water quality of 45mg/L of Biological Oxygen Demand (BOD).According to CPCB; an amount over 30mg/L of BOD indicates the poorest water quality.[22]

Ground water contamination- Usage of pesticide is a major cause of ground water pollution. Arsenic is a major chemical element used in pigments of insecticides and herbicides as an alloy in metals and chemical warfare agents.[23]

 

TABLE 4:  Table showing states, districts and majorly affected blocks with occurrence of high arsenic in groundwater.[24]

State	District	Name of Affected Blocks
Bihar	Bhoipur Patna	Barhara, Shahpur, Koilwar, Ara, Bihiya,Udawant nagar Maner, Danapur, Bakhtiarpur, Barh
	Begusarai ,Khagaria	Matihani,Begusarai,Barauni,Balia,SabehpurKamal, Bachwara Khagaria,Mansi,Gogri,Parbatta
	Samastipur	Mohinuddin Nagar,Mohanpur,Patori,Vidyapati Nagar
	Bhgalpur, Saran	Jagdishpur,Sultanganj,Nathnagar Dighwara,Chapra Sadar, Revelganj
	Munger, Katihar	Jamalpur,Dharhara,Bariarpur,Munger Mansahi, Kursela, Sameli, Barari, Manihari, Amdabad
	Buxar	Brahmpur, Semary,Chakki,Buxar
	Vaishali	Raghopur, Hajipur, Bidupur, Desri, Sahdei Bujurg
	Darbhanga	Biraul
Chhattisgarh	Rajnandgaon	Choki (11 villages)
West Bengal	Malda, Murshidabad	English Bazar,Manickchak,Kaliachak I ,II&III Ratuaand I and II RaninagarI&II, Domkal,Nowda, Jalangi, Hariharpara, Suti I&II Bhagwangola I & II, Beldanga I&II, Berhampur, Raghunathganj I & II Farakka Lalgola and Satshahganj
	Nadia	Karimpur I&II,Tehatta I &II, Kaliganj, Nawadwip, Haringhata, Chakda, Santipur,Naksipara,Hanskhali, Krishnaganj, Chapra, Ranaghat I&II, Krishnanagar I & II
	North 24 Paraganas       South 24 Paraganas	Habra I & II,Barasat I & II, Rajarhat, Deganga, Beduria, Gaighata, Amdanga, Bagda ,Boangaon, Haroa, Hasnabad, Basirhat I & II,Swarupnagar,Barackpur I & II, Sandeshkhali II Baraipur,Sonarpur,Bhangar I & II,Joynagar I,Bishnupur I & II,Mograhat II,Budge Budge II
	Bardhaman, Hoarah	Purbasthali I & II,Katwa I & II and Kala II Uluberia II and Shampur II
Uttar Pradesh	Hugli Balia	Balagarh Belhari,Baria,Muralichhapra,Reoti,Bansdih,Dubhar and Maniar
	Lakhimpur Kheri Balrampur	Palia,Nighasan,Ramia,Dauralwa and Issanagar Tulsipur,Gainsari,Pachparwa and Utaranla
	Gonda,Siddharth Nagar	Katrabazar,Haldarman,Tarabganj and Nawalganj Itawa and Khumiaon

 

Apart from arsenic, nitrates are also found in high quantity in soil due to its application in wastes and fertilizers that are used in the soil on the land surface. In India, high nitrate concentration of more than 45 mg/L is found in districts of Andhra Pradesh, Bihar, Delhi, Himachal Pradesh, Karnataka, Kerala, Uttar Pradesh Madhya Pradesh, Haryana, Orissa, Punjab, Tamil Nadu, Maharashtra, Rajasthan and West Bengal, with Rajasthan’s Bikaner having the highest nitrate contention of 3080mg/L.[25] Ground water contamination by nitrate depends on the amount of nitrogen on the surface of the land and the how much the acquifier is vulnerable to leaching by nitrate and accumulation.[26]

Effect of the pesticides on Non-target Plants– Some pesticides are highly volatile in nature and can drift away from about 80-90% from the target area to non-target plants even reaching upto several miles from the point of application. This drift may happen within a few days of application of the pesticide. This drift may cause damage to other plants and contaminate soil or groundwater of the nearby areas.[27]

FERTILISER

 

Effects of fertilisers on agricultural land, surface and groundwater

Excessive usage of fertilisers in the agricultural land leads to leaching, especially phosphorus that runs-off from the land and causes surface water contamination by eutrophication and loss of aquatic life. The application of fertiliser also leads to groundwater contamination by leaching of nitrate into the groundwater.[28]

A Green Rating Project (GRP) on the Indian Fertiliser Industry made by the Centre for Science and Environment reported that the Indian fertiliser industry has fared well in cutting down the usage of energy and emission of greenhouse gases. However, the performance of the Indian fertiliser industry on the water consumption and water pollution is not satisfactory. It was discovered that about one-third of the area around the fertiliser plant had very high concentration of nitrogen in the groundwater. The reason was that the fertiliser plants are mandated to recycle the water that is used. The fertiliser industry utilise the water for horticulture or for watering other crops within the premises of the industry resulting in nitrogen seepage into the ground, thus contaminating the groundwater.[29]

 

APPLICATION OF MANURE/ORGANIC MATTER ON THE AGRICULTURAL LAND

 

Effect of manure spreading on surface-water – When manure is discharged directly on surface water, there is a loss of the nutrients and the organic matters present in the manure. The part of manure which is easily decomposable starts to decompose easily by using the oxygen that is dissolved in the surface water. This in turn kills the flora and fauna of the surface water. Another problem is that the nutrients in the manure will lead to water eutrophication and the heavy metals that are present in the manure would lead to toxicity in the surface water. Identical problem of the eutrophication and loss of flora and fauna also happens by the run-off of manure that is applied to the agricultural land. The run-off may occur as a result of rain and depends upon certain factors- the rate of application of the manure on the agricultural land; the infiltration capacity of the soil; precipitation and the slope of the surface of the soil.[30]

Effect of the manure spreading on the groundwater- The effect of the application of manure on the groundwater may be understood by looking at the effect of nitrate leaching and phosphorus leaching.

Nitrate Leaching – Fresh manure, if applied to the agricultural land will not have nitrogen in the form of nitrate (NO₃). Nitrate will not be formed in the soil after the application of manure if the manure is not aerated. Aeration may be due to compositing of the manure or through any other processes. The process by which the ammonia (NH₄) is converted into nitrate (NO₃) is called nitrification. This conversion process in the soil needs oxygen. Therefore, in well aerated soil, the formation of nitrate might happen in a few days as compared to less aerated soil after the decomposition of the manure. Dentrification is the microbial process by which the nitrate is converted into molecular nitrogen. In the agricultural land, it is possible that there are patches of aerobic and anaerobic soil one after the other or the condition in which the soil is present changes frequently. This might result to a situation where the process of nitrification and dentrification occurs simultaneously or alternatively. This makes it difficult to predict what happens to the nitrogen which is neither added to the nitrogen in the soil nor is used up by the crops. The nitrogen that is not accounted for is left in the soil leading to soil leaching by excess NO₃ and might in turn lead to contamination of groundwater.[31]According to the World Health Organisation, maximum 50mg/L of NO₃ in water is safe to drink. An amount excess of that in the drinking water may lead to formation of the toxic nitrate in the body.[32]

Phosphorus Leaching – Like nitrate leaching, phosphorus leaching might also take place leading to contamination of ground water. Phosphorus in the manure might also lead to eutrophication of the surface water.[33]

 

EFFECT OF IRRIGATION ON SALINITY OF SURFACE AND GROUNDWATER

 

When water is utilised for irrigating an agricultural land (irrigation water), a part of that water returns back to the groundwater or the surface water. The portion of the water which returns back is called as ‘irrigation return flow’. This irrigation return flow is one of the primary causes of water pollution as it affects the quality of the water which is again used for the purposes of agriculture and other domestic use. From the water that is diverted for the purpose of irrigation projects a considerable quantity of water is lost by way of evaporation from the surface water and transpiration through the plants. This amount of water that is lost is again returned. This quantity of the return flow also depends on other factors like the climatic condition and the soil type. In a typical irrigation project, the irrigation surface supply water is diverted to canals, from where it is diverted to laterals and then to the lands.[34] Three things occur at each of the stages- evaporation, transpiration and seepage through ground water. Additionally, in the stage when the supply of the water is diverted to the canals, there might be an overflow of the water too. In case the source of irrigation water is diverted to laterals underground, then there is no water loss in that stage. Below is the diagrammatical representation of the course of surface and groundwater water in a typical irrigation project. [35]

The water that overflows and which returns back does not change a lot in its quality. However, the water that seeps under the ground through the soil or that which runs-off from the soil changes significantly in the quality. There is majorly three types of changes that are found in the return water- increase in the content of the minerals which cause permanent hardness, increase in the temperature, turbidity, taste of the water and tend to promote the aquatic growth (eutrophication), increased nitrates concentration and significant amount of pesticides. The return flows from irrigation contain significantly more amount of minerals than the water that was used as a source of irrigation supply. Adding to that, the evaporation and the transpiration from the surfaces leads to a decrease in the volume of the water. This results in more concentration of salt in lesser volume of water. This increased salinisation adversely affects the plants which grow in the surface. To reduce the effect of salinisation, many agriculturists use a method called as ‘maintaining a salt balance’ to wash off the salt by applying water over the soil.  Therefore, the water which runs off from the soil also has high concentration of salt, pesticide and other metals which would again result in the contamination of the surface water. Sometimes the excess nutrients and salts (like nitrate) may also seep into the groundwater, contaminating the groundwater.[36]

 

 

WATER CONTAMINATION FROM FEEDLOTS AND AQUACULTURE

 

Several farmers in India still heavily rely on animals for their farming activities. Besides assistance of animals in agricultural activities in the form of draft power, manure, and as fertilizers, they also contribute to the income of farmers in the lean agricultural season. Presence of livestock or a animal feeding yard also termed as feedlot near a water body contribute to contamination of both surface and groundwater. The feedlots contain substantial amount of pathogens which might result in chronic health problems. Additionally, the urine and the faeces of the animals are rich in metals that lead to contamination of the surface water. This water might seep or leach underground to cause groundwater contamination by presence of excess metals or nitrogen. According to the 1981 survey, India has the world’s largest population of livestock. Most of the slaughterhouses in India do not operate with any kind of effluent treatment. This results in releasing untreated waste in the water, causing them to get contaminated. Emerging pollutants that are used in the livestock are growth promoters, antibiotics, vaccines and hormones. They reach the groundwater through surface run-off from the livestock or through leaching resulting in contamination of surface and groundwater. Aquaculture also leads to release of high levels of nutrients and pesticides in the surface water leading to surface water and groundwater  contamination. Moreover, the feed used and the faeces also contribute to the contamination of the water. [37]

 

EFFECT OF PLOUGHING/TILLAGE ON SURFACE AND GROUNDWATER

 

Improper tillage may lead to both soil erosion and contamination of water by sediment run-off into the water bodies. Sediment is a mixture of chemicals and physical pollutants and organic matter. Sedimentation can act as a physical and a chemical pollutant of water. Physically, the sediments in the water bodies tend to increase the turbidity of the water that restrict the sunlight to penetrate into the water thereby destroying or limiting the aquatic life including fish and aquatic plants and may lead to eutrophication and a decrease in the storage capacity. It may also choke streams and hinder delta formation. Chemically, some clay particles in the sediment also have the potential to absorb some heavy metals or organic pollutants on its surfaces thus leading to contamination of water in the water bodies. The chemical reaction of the sediment particles with other metals/organic pollutants depends on the size of the sediment particles.[38] In India, the Draft Policy on Sediment Management also acknowledges agricultural activities as one of the reasons for increased sedimentation in the water bodies.[39]

 

TABLE SHOWING AGRICULTURAL ACTIVITIES AND ITS IMPACT ON WATER AND HEALTH

S.no.	Agricultural Activity	Impact on Water		Impact on health
		Surface Water	Groundwater
1.	Pesticide	Run-off pesticides leading to surface water contamination	Leaching of pesticide into groundwater leading to groundwater contamination	Cancer, inborn deformities, immune suppression, hormone disruption, reproductive abnormalities, diminished intelligence[40]
2.	Fertiliser	Run-off nutrients leading to eutrophication	Leaching of nitrate into groundwater leading to groundwater pollution	Cancer, affect kidney, lung, liver function[41]
3.	Manure/Organic Matter	Contamination of surface water through metals, pathogens present in manure, eutrophication	Groundwater contamination by nitrogen	Giardiassis,Gastroenterisis, Listeriosis, Salmonellosis[42]
4.	Irrigation	Salinisation of surface water and run-off of pesticide leading to surface water contamination	Leaching of nutrients , salts leading to groundwater contamination	Decreased immunological defences, intrauterine growth retardation and malnutrition, depletion of essential nutrients from the body[43]
5.	Feedlots and Aquaculture	Contamination of surface water by pathogens, urine and faeces(which also includes the growth hormones and antibiotics given), eutrophication	Feedlots may lead to leaching of nitrogen and other metals into groundwater leading to contamination of groundwater	Antibiotic  and drug resistance [44]
6.	Ploughing/Tillage	Increased sediment in the water bodies leading to loss of aquatic life, eutrophication, absorption of some chemicals in the sediment particles leading to surface water contamination	–	–

 

NEED FOR LEGAL AND POLICY FRAMEWORK FOR CONTROL OF WATER POLLUTION FROM AGRICULTURAL ACTIVITIES

 

The premise laid down above necessitates the development of strong legal framework and polices to monitor and conduct risk management of agricultural water pollution,[45] a phenomenon that is increasingly being implemented in OECD countries. The present regulatory and legal regime in India primarily focuses on protection of agricultural activities from the perils of climate change, and consequently protecting the economies gained from agriculture,[46] rather than agriculture itself being a contributor to environmental pollution, especially the pollution and contamination of water resources. The dependence of the economy on agriculture is a major factor.

In India, the development of environmental jurisprudence has elevated water a fundamental right under Article 21,[47] especially with regards to access to clean drinking water. To further understand the foundation and framework for water laws in the country, it is first pertinent to understand where water stands in the constitutional framework. Entry 17 of List II of the Seventh Schedule concerns with “Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I”. Thus, the regulation and legislation of water in India is under the control of States, with the Centre retaining the power to legislate, regulate and develop inter-State rivers under Entry 56 of List I of Seventh Schedule to the extent declared by the Parliament by law to be expedient in public interest.[48]In recognition of water as a common property, and its equitable distribution thereof, efforts have commenced to bring the subject of water into List III of the Seventh Schedule of the Indian Constitution – the concurrent list – to enable both the Centre and the State to legislate on and regulate the matter.[49] However, this consideration is yet to reach a conclusion. The following section of the article evaluates the different laws and policies in the country with specific reference to the provisions that look into water pollution caused due to agricultural activities.

WATER AND AGRICULTURAL POLICIES

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

 

The Water Act provides for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water.[50]In relation to water, “pollution” is defined as such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms.[51]The Water Act also establishes the Central Board and State Boards to exercise powers and duties under the Act.[52]

As opined above, the Water Act also sees agriculture as a victim of pollution, rather than a contributor. However, section 24 of the Act prohibits the use of a stream or well for disposal of polluting matter so determined by the SPCB, or any other matter that impedes proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. Such person is liable for penalty under Section 43.Further, Section 25 provides for the restriction and prohibition of any activity or treatment process or the like that discharges sewage or trade effluent into a stream or well or sewer or on land, inter alia, without the consent of the SPCB. Although these provisions primarily, and historically, focuses on the impact of industrial activities on water bodies, they can also be effectively implemented to check water pollution caused due to agriculture, as the words “operation” , “process” and “treatment” can be given a wide interpretation. This is justified by the fact that agricultural pollution has a direct impact on the quality of surface water and groundwater.[53]

NATIONAL WATER POLICY, 2012

 

The National Water Policy, 2012, formulated by the Ministry of Water Resources, Government of India, provides for a framework law that enables the establishment of river basin authorities with appropriate powers to plan, manage and regulate water resources at the river basin level.[54] According to the Preamble, the National Water Policy endeavors to take cognizance of the existing situation and to propose a framework for creation of a comprehensive system of laws and institutions and a unified plan of action with national perspective.

One of the aims of the National Water Policy is conservation of river corridors, water bodies and infrastructure, in a scientifically planned manner.[55] It has highlighted the enhanced importance of quality management in the case of groundwater and that there exists a need to ensure inter alia that residue of fertilizers and chemicals do not seep into the ground water.[56] It expressly requires groundwater to be treated and regulated as common property, as opposed to individual property, to check exploitation.[57] The 2012 Policy takes cognizance of declining groundwater levels in areas of over-exploitation, and calls for the introduction of improved technologies of water use, incentivizing efficient water use and encouraging community based management of aquifers.[58] It also calls for efficiency in water use, and advocates for water conservation in irrigation projects and activities.[59] Particularly, the 2012 Policy emphasises on the need for optimal community-based water use and management, before resorting to transporting water through long distances.[60] Generally, the 2012 Policy focuses on community participation, which is a favourable approach while dealing with agricultural activities in India.

NATIONAL MISSION FOR SUSTAINABLE AGRICULTURE

In 2008, India had released its National Action Plan on Climate Change [“NAPCC”] to mitigate and adapt to climate change. It focused on 8 missions, one of which was the National Mission for Sustainable Agriculture [“NMSA”].It aims to support climate adaptation in agriculture through the development of climate-resilient crops, expansion of weather insurance mechanisms, and agricultural practices – primarily, aimed at promoting Sustainable Agriculture through climate change adaptation measures. The major thrust is enhancing agriculture productivity especially in rain-fed areas focusing on integrated farming, soil health management, and synergizing resource conservation.[61]

Although the main focus of the NMSA is to make Indian agriculture resilient to climate change, but the effective implementation of the NMSA can prevent or reduce the risk of pollution caused due to agriculture. In fact the very definition of sustainable agriculture, as involving processes that would enable us to meet the current and long term societal needs for food, fibre and other resources, while maximising benefits through the conservation of natural resources and maintenance of ecosystem functions, would help achieve such goal.[62] Certain goals identified in the NMSA include efficiency in water use, pest management, soil conservation and improved farm practices to that effect.

Various schemes, programmes and institutes are being run under the NMSA, of which two are of particular importance in the context of pollution caused due to agriculture. These are the Soil and Land Use Survey of India (SLUSI) and the Central Fertilizer Quality Control and Training Institute (CFQC&TI) both being implemented by the Integrated Nutrient Management (INM) Division of the Department of Agriculture, Cooperation and Farmers Welfare under the Ministry of Agriculture. The SLUSI is an apex organization under the Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, dealing with soil survey and land resource mapping in the country.[63] The SLUSI is primarily engaged in conducting soil survey to provide scientific database for developmental programmes encompassing soil and water conservation planning, watershed development, scientific land use planning etc.[64] Each centre of SLUSI is well equipped with soil testing laboratory for analysis of soil and water samples to support the field observations and supplement data for sound interpretation and recommendations. Soil analysis is essential in identifying the status of plant nutrient, physical conditions of soil, soil acidity, and alkalinity; and for the judicious application of irrigation water and chemical fertilizer.[65] In addition to this, the SLUSI also has Remote Sensing Centres and Cartographic Laboratories.

The Central Fertilizer Quality Control and Training Institute was first set up in pursuance of the recommendations of the Fertilizer Distribution Committee (Patel Committee, 1960), Sivaraman Committee (1965) and Estimates Committee of LokSabha (1967-68) to provide a lead to the State Quality Control Laboratories and to deal with the matters related to fertilizer quality control, by the Ministry of Agriculture.[66] With the implementation of successive Plans, the Laboratory was accordingly upgraded over time. The laboratory was upgraded as an Institute and was renamed as Central Fertilizer Quality Control and Training Institute in 1982-83, in the backdrop of increasing importance of fertilizer quality control and thrust on training to State Enforcement Officers.[67]The CFQC&TI, both individually and under the framework of the NMSA play a key role in determining the degree of agricultural pollution caused due to the use of fertilizers and pesticides. Acting in consonance with the Fertilizer Control Order under the Essential Commodities Act, 1955, the CFQC&TI have developed quality controls in place to regulate the production, distribution and use of fertilizers in India that have the propensity to contribute greatly to agricultural water pollution.[68]

LAWS AND POLICIES GOVERNING THE MANAGEMENT OF GROUNDWATER

 

Easement Act, 1882

In India, the general regulation for groundwater falls under the Easement Act, 1882. The Act provides every landowner with the right to collect and dispose, within his own limits, all water under the land and on the surface. This makes it difficult to regulate extraction of ground water as it is owned by the person to whom the land belongs. This gives landowners significant power over ground water. Further the law excludes landless ground water users from its ambit.[69] As explained above, water falls under the State List of the Constitution. This implies that state legislative assemblies can make laws on the subject. In order to provide broad guidelines to state governments to frame their own laws relating to sustainable water usage, the central government has published certain framework laws or model Bills. In 2011, the government published a Model Bill for Ground Water Management [“Model Bill”] based on which states could choose to enact their laws.[70] The latest Model Bill was published in 2017, by the Ministry of Water Resources, River Development and Ganga Rejuvenation. The Model Bills along with the National Water Policy, as explained in the previous section, address the governance of ground water under the public trust doctrine.

Model Bill for the Conservation, Protection, Management and Conservation of Groundwater, 2016

Laws concerning groundwater in India, as explained above, are presently tied to issues of ownership, and are considered as an easement right of the land owner, due to India’s historic culture of zamindari. However, with growing population and food demand, the issue of groundwater had come up in other legal discussions as well. Groundwater management now forms a key part of the discussion relating to agriculture and environment, and its importance is only likely to increase. In the context of protection of groundwater, the impact of agricultural activities should also be considered, as they can contribute to ground water pollution, if not properly managed.[71] Some of the key issues in this regard, are the storage and use of pesticides and fertilizers, animal wastes, etc.[72] Various other factors, such as quality of soil, aridity, etc. contribute to the assessment of groundwater contamination risk.

Groundwater management is India is however, not an easy proposition, due to local variations in groundwater availability, purity and uses. In September 1992, the government of India circulated a “Model Bill to Regulate and Control the Development of Groundwater”. The Bill enables the state government to establish a groundwater ‘authority’ and select its chairman and members. It requires its members to have prior experience in dealing with matters relating to groundwater. The authority can designate some areas as water management areas and impose regulation of groundwater use.[73] However, India has made efforts to that effect over time, including the submission of a proposal to the World Bank for the implementation of a “National Groundwater Management Improvement Program”.[74]The Ministry of Water Resources, Government of India have time and again developed and presented a Model Bill to Regulate and Control the Development and Management of Ground water in India. The Groundwater (Sustainable Management) Bill, 2017 drafted by the Ministry of Water Resources, River Development and Ganga Rejuvenation provides a new template that states can use to adopt legislation capable of addressing the fast-increasing groundwater crisis faced by many states,[75]to restore and ensure groundwater security through availability of sufficient quantity and appropriate quality of groundwater to all stakeholders in rural and urban areas. The Bill recognizes that the present framework for ground water in India has led to its over-exploitation, and the consequent need for a new legal framework to ensure the qualitative and quantitative sustainability of groundwater resources and equity in groundwater use. Consequently, the Bill seeks to promote the sustainable use of ground water in public interest,[76] based on a long-term protection of resources,[77] as well as ensure that the protection and conservation of ground water is appropriately integrated with the framework of protection and conservation of surface water, or water bodies in general.[78]

The Bill defines ground water as water occurring under its natural state, where it exists below the surface in the zone of saturation whereby it can be extracted through wells or any other means or emerges as springs and base flows in streams and rivers. In its natural state, it is a common pool resource.[79]Section 4 recognizes the right to water for life, and provides that no person shall use ground water in a manner that infringes upon such a right.[80] Chapter III of the Bill lays down certain basic principles with respect to regulation of ground water, which includes non- discrimination and equity,[81] subsidiarity and decentralization,[82] protection, precaution and prior assessment,[83] and an integrated approach.[84]

Under Clause 7, it expressly lays down that ground water shall be protected to check its impact on the equity of access and sustainability of the resources, and that precautionary steps ought to be taken by the government at all levels and by every user of groundwater to protect it from depletion, deterioration, biological and chemical pollution. Clause 27(1) provides that if a person does any activity which prejudicially affects the quality of groundwater or availability thereof shall be punished with imprisonment, which may extend to one year and six months or with a fine, which may extend to one lakh rupees or with both. Upon repeating the said offence, authorization granted to the particular activity is liable to be revoked.

Section 10 lays down prioritisation in the use of ground water, and states that the first priority and charge on groundwater shall be meeting the right to water for life, followed by allocation for achieving food security, supporting sustenance agriculture, sustainable livelihoods and eco-system needs.[85]Clause 11 provides for the assessment and creation of “groundwater protection zones” by the Ground Water Agency envisaged under the Bill, followed by Section 12 providing for “groundwater security plans.”

Chapter VI of the Bill lays down an institutional framework for regulation of ground water, incorporating rural bodies such as the Panchayat, and the urban bodies such as the Municipal corporations, as well as envisaging District Bodies and State-level Bodies for the regulation of ground water. Clause 18 of the Bill lays down the duties of ground water users, and notes that it is to be used in an economical and efficient manner and also that ground water is conserved through efficient agricultural and industrial practices.[86] Clause 19 recognizes the right to use ground water for irrigation. However, the same is made subject to an authorization system based on concerns of groundwater protection zones and groundwater security plans. Further, in the command areas of irrigation systems where water user associations have been established under the law, the said water user associations may levy and collect from the farmer or any other person using groundwater such fees, as they may deem appropriate.[87]

However, such provisions are not in operation at the moment. In response to the Model Bill, so far, 11 states and four union territories have adopted and implemented ground water legislation. These are: Andhra Pradesh, Assam, Bihar, Goa, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, West Bengal, Telangana, Maharashtra, Lakshadweep, Puducherry, Chandigarh and Dadra & Nagar Haveli.[88] As of 2018, the National Green Tribunal has also taken a pro-active role in taking cognizance of groundwater pollution, and the pressure and stress caused by industrial and agricultural activities. In this regards, it has roped in the Central Ground Water Board (hereinafter CGWB) to take necessary measures.[89] Prior to this, in the Groundwater Case,[90] the Supreme Court took notice of a news item “falling groundwater level threatens the city” and called for the constitution of a CGWB under Section 3(3) of the Environment Protection Act. In 2011, the Lok Sabha had brought out Water Resources Report on Ground Water.[91] The latest Model Bill incorporates the findings and recommendations of the Lok Sabha report to a large extent.

Central Ground Water Board

The CWGB is constituted under the Department of Jal Skahti, Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India, with a vision to achieve sustainable development and management of ground water resources in the country;[92] the apex national body dealing with ground water regulation in India. The CGWB has taken initiatives, as well as funded various projects to achieve best practices for ground water harvesting in India,[93] and also indulges in Participatory Ground Water Management Projects.[94]

GOVERNMENT POLICES AND CPCB GUIDELINES

National Environmental Policy, 2006 and the 11^th Five Year Plan

Pollution loads emanating from agriculture and related activities in India, generally do not have identifiable points and enter to environment in small scattered quantity, thereby making it difficult to implement an exclusive regulatory or technical regime. Thus, diffuse agricultural pollution, or non-point pollution has generally been absent from the framework of pollution control and management, especially in water quality management schemes.[95]

The National Environmental Policy, 2006 sought to extend the coverage, and fill in the gaps that still exist in environmental legislations in India. It does not displace, but builds on the earlier policies; intended to mainstream environmental concerns in all development activities.[96]One of the main objectives of the Policy concerns the efficient use of environmental resources in the sense of reduction in their use per unit of economic output, to minimize adverse environmental impacts. The Guidelines on the Policy addresses the use of agriculture chemicals, such as pesticides and fertilizers, as driving factors of land degradation as well as groundwater pollution. It states that-

Pollution of groundwater from agricultural chemicals is also linked to their improper use, once again due to pricing policies, especially for chemical pesticides, as well as agronomic practices, which do not take the potential environmental impacts into account. While transiting through soil layers may considerably eliminate organic pollution loads in groundwater, this is not true of several chemical pesticides. The pesticides themselves may become a source of pollution when it leaches into the ground water…..Excessive use of fertilizers, pesticides and insecticides are the main non-point source of the pollution. These pollutants contribute to the pollution of the ground water as well as surface water. The optional utilization of fertilizers, pesticides and insecticides should be encouraged for improving the water quality.[97]

In relation to water pollution, the Action Plan for the Policy recommends that explicit account of groundwater pollution is to be taken, especially with regards to pricing policies of agricultural inputs, especially pesticides, and dissemination of agronomy practices. An Integrated Pest Management and the use of biodegradable pesticides should be encouraged.[98] Taking note of soil pollution, Action Plan suggested research in and dissemination of techniques for reclamation of land with prior exposure to agricultural chemicals, facilitating marketing of organic produce in India and abroad, including by development of transparent, voluntary, science-based labelling schemes and the promotion of organic farming of traditional crop varieties.[99]

Consequently, in the 11^th Five-year Plan (2007-2012), the environment and environmental regulatory mechanisms were given due consideration. Agricultural pollution was expressly identified as a threat to groundwater due to increasing fertilizer consumption, and agricultural run-off being a key source of non-point pollution.[100] References were made to land degradation in the country, and need to enhanced irrigation projects; organic farming and sustainable cropping patterns were identified as programmes necessary to counter the same.[101] In underlining threats to surface water, increase in toxicity due to use of chemicals in agriculture was recognized.[102]

16- Point plan on agriculture in Budget 2020 – Sustainable Cropping Patterns

In the 2020 Budget, the Finance Minister had proposed a 16- point action plan to boost agriculture and farmers’ welfare in India. Main points that relate to prevention or reduction of agricultural pollution can be enumerated as follows-

• Balanced use of all kinds of fertilizers- traditional organic and innovative fertilizers.
• Measures for organic, natural and integrated farming.[103]

 

CPCB Guidelines for Water Quality Monitoring (2007)

The Central Pollution Control Board is the apex body for water quality, as well as air quality, management in India. Realizing the need for and importance of ensuring water quality, the CPCB published its Guidelines for Water Quality Monitoring,[104] wherein it lays down a 8-point monitoring strategy, as follows-

1. Setting Water Quality Monitoring Objectives
2. Assessment of Resource Availability
3. Reconnaissance Survey
4. Network Design
5. Sampling
6. Laboratory Work
7. Data Management
8. Quality Assurance

 

CPCB Guidelines on Utilization of Treated Effluents for Irrigation in Agriculture – Irrigation Management Plan (2019)

In 2019, the CPCB published its Guidelines for Utilization of Treated Effluent in Irrigation,[105] in response to direction issued by the National Green Tribunal, Principal Bench New Delhi in the case of Shailesh Singh v. Al-Dua Food Processing Pvt. Ltd.[106]The NGT had held that no industry can be permitted to dispose treated effluent on land for irrigation, plantation, horticulture/ gardening without the assessing the impact of such disposal on agriculture and groundwater. Consequently, it was incumbent on the CPCB to take note of the matter and issue adequate guidelines.

The Guidelines took cognizance of the difficulties in attaining Zero Liquid Discharge by industries, and therefore accepted use of wastewater or effluents for agriculture as the next best alternative. However, certain precautions and responsibilities were enlisted to ensure public health and safety arising from consumption of such agricultural produce. Some of the key guidelines issued are as follows-

• Tie-up of industries with agricultural universities for advice on the utilization or the rate of application of the effluent for irrigation considering the agro-climatic conditions.
• Preparation of comprehensive Irrigation Management Plan by industries.
• The treated effluent should meet the norms prescribed for irrigation under Environment (Protection) Rules, 1986/Consent.
• The command area for effluent utilisation should be as near as possible to the industry in order to ensure easy monitoring and effective control. The industry should construct a distribution network of impervious conduits to cover the irrigated area.
• Regular analysis of the treated effluent.
• Monitoring of the physico-chemical characteristics of the soil under irrigation, as well as the groundwater quality.
• Reports of analysis to be submitted to SPCB every two years.[107]

CONCLUSION

The above analysis makes a primary attempt at demarcating and analysing the framework dealing with water pollution caused due to agricultural activities in India. Central legislations, rules, schemes and policies have been analysed to understand the inter-relationship between agriculture and water, and how one affects the other. An examination of the aforementioned provisions seems to hint at the proposition that although water is seen as a valuable natural resource that needs to be protected, agriculture is seldom seen as a contributing factor to the depletion of water resources in the country. On the contrary, agriculture is viewed as a victim of water pollution. Although this view is not wrong, it cannot be regarded as the only possible perspective. There exists enough literature in the international sphere, which recognizes the impact of intensive agricultural practices on water quality, both ground water and surface water. The unchecked and reckless use of chemicals in agriculture, and haphazard waste management are just as responsible for water pollution as industries. However, this view does not find representation in the existing legal and policy framework in India that governs surface and groundwater pollution and management. Further, as opposed to the central water legislation, the existing groundwater framework do not contain adequate provisions to check and regulate the quality of ground water, but focuses more on the access, use and distribution of ground water resources. Such lacunae may be attributed to the dependence on agriculture for the economy, but the same cannot be used as a justification. Thus, on the basis of the analysis conducted above, there is a growing need to change perspective while dealing with water pollution in the country, to ensure that sectors and activities that benefit from water laws, do not end up abusing such benefit and contribute to water pollution in any way. To ensure sustainable agricultural practices in India which is the second largest producer of agricultural output in the world, effort must be made to incorporate explicit provisions in the water management law and policies for countering pollution from agricultural activities.

[1] Javier Mateo-Sagasta (IWMI), Sara MarjaniZadeh (FAO), Hugh Turral and Jacob Burke (formerly FAO), Water Pollution from Agriculture: A Global Review, Executive Summary at p. 2, Food and Agriculture Organizations of the UN (2017), http://www.fao.org/3/a-i7754e.pdf.

[2]Ibid.See also, M. N. Murty&Surender Kumar, Water Pollution in India – An Economic Appraisal, IDFC (2011), http://www.idfc.com/pdf/report/2011/Chp-19-Water-Pollution-in-India-An-Economic-Appraisal.pdf.

[3] Javier Mateo-Sagasta (IWMI), Sara MarjaniZadeh (FAO), Hugh Turral and Jacob Burke (formerly FAO), Water Pollution from Agriculture: A Global Review, Executive Summary at p. 5, Food and Agriculture Organizations of the UN (2017), http://www.fao.org/3/a-i7754e.pdf. See also, Dr. P. S. Harikumar, Scientist & Head, Water Quality Division, CWRDM, Agriculture and Environmental Pollution, India Water Portal, https://www.indiawaterportal.org/sites/indiawaterportal.org/files/agriculture_and_environmental_pollution_harikumar_kec_2012.pdf.

[4]The Energy and Resource Institute, Measures to Control Air Pollution in Urban Cities in India – Policy and Institutional Framework, p. 6(2018), https://www.teriin.org/sites/default/files/2018-03/policy-brief-air-pollution-in-urban-centres-of-India.pdf.

[5]Food and Agriculture Organization of the UN, Agriculture: Cause and Vitim of Water Pollution, But Change is Possible, http://www.fao.org/land-water/news-archive/news-detail/en/c/1032702/.

[6]United Stated Environment Protection Agency, Protecting Water Quality from Agricultural Runoff, https://www.epa.gov/sites/production/files/2015-09/documents/ag_runoff_fact_sheet.pdf.

[7]See, Kevin Parris, Impact of Agriculture on Water Pollution in OECD countries: Recent Trends and Future Prospects, 27 International Journal of Water Resources Development, 33 (2011), https://www.tandfonline.com/doi/full/10.1080/07900627.2010.531898.

[8]G. D. Agarwal, Diffuse Agricultural Water Pollution in India, 39 Water Science and Technology Journal, 33 (1999) available at <https://www.ircwash.org/sites/default/files/244-99DI-15646.pdf>.

[9]Joydeep Thakur, Excessive Fertilizer Use is Poisoning Yamuna River: CPCB, Hindustan Times (August 29, 2019), available at <https://www.hindustantimes.com/india-news/excessive-fertiliser-use-is-poisoning-yamuna-river-cpcb/story-sxP0QO3csxGg5uoawhwHjN.html>.

[10]Food and Agriculture Organization of the UN, Agriculture: Cause and Vitim of Water Pollution, But Change is Possible, available at <http://www.fao.org/land-water/news-archive/news-detail/en/c/1032702/>.

[11]Water Action Decade, Water Pollution From and To Agriculture, https://wateractiondecade.org/2017/12/09/water-pollution-from-and-to-agriculture/.

[12]FAO, United Nation, Water Pollution From Agriculture: A Global Review,(June 21, 2020,8:30PM), http://www.fao.org/3/w2598e/w2598e04.htm;  See also, United States Environmental Protection Agency, Polluted Run-off : Non-Point Source Pollution, (June 21, 2020, 9:05PM),https://www.epa.gov/nps/basic-information-about-nonpoint-source-nps-pollution

[13] Ibid.

[14] FAO, Water Pollution From Agriculture: A Global Review,(June 21, 2020,8:45PM), http://www.fao.org/3/a-i7754e.pdf

[15] Ibid.

[16] Aktar, M. W., Sengupta, D., & Chowdhury, A. Impact of pesticides use in agriculture: their benefits and hazards. Interdisciplinary toxicology,(June 21, 2020, 11:03AM), https://doi.org/10.2478/v10102-009-0001-7

[17] Tulsi Bhardwaj, J.P. Sharma, Impact of Pesticides Application in Agricultural Industry: An Indian Scenario,4 International Journal of Agriculture and Food Science Technology, 817,819 (2013).

[18] Ministry of Agriculture and Farmer’s Welfare Department of Agriculture, Cooperation and Farmers welfare (21June,2020, 7:00PM),Statistical Database, Government of India, http://ppqs.gov.in/statistical-database

[19] J. L. Cook, P. Baumann, J. A. Jackman and D. Stevenson, Pesticides Characteristics that Affect Water Quality, (21June,2020, 7:00PM),http://insects.tamu.edu/extension/bulletins/water/water_0 1.html

[20] Aktar, M. W., Sengupta, D., & Chowdhury, A. Impact of pesticides use in agriculture: their benefits and hazards. Interdisciplinary toxicology,  https://doi.org/10.2478/v10102-009-0001-7

[21] Sushmita Sengupta, Polluted surface and groundwater could cause a Cape Town-like situation,, https://www.downtoearth.org.in/news/water/polluted-surface-and-groundwater-could-cause-a-cape-town-like-situation-62365#:~:text=The%20state%20of%20Maharashtra%20has,Tripura%2C%20Tamil%20Nadu%2C%20Nagaland%2C

[22] Ibid.

[23]Central Ground Water Board,Ground Water Quality Features of the Country, http://cgwb.gov.in/WQ/GROUND%20WATER%20QUALITY%20SCENARIO%20IN%20INDIA.pdf

[24] Ibid

[25] Ibid.

[26] Bernard T. Nolan, Barbara C. Ruddy, Kerie J. Hitt, and Dennis R. Helsel, A National Look at Nitrate Contamination of Groundwater, https://water.usgs.gov/nawqa/nutrients/pubs/wcp_v39_no12/#:~:text=Nitrate%20concentrations%20in%20natural%20ground,Mueller%20and%20others%2C%201995).&text=The%20risk%20of%20ground%2Dwater,to%20nitrate%20leaching%20and%20accumulation.

[27] Ibid.

[28] FAO, United Nation, Water Pollution From Agriculture: A Global Review, http://www.fao.org/3/w2598e/w2598e04.htm

[29] Jayan TV, Indian Fertiliser Sector’s Record on Water Pollution is a Cause For Concern :CSE, The Hindu BusinessLine, https://www.thehindubusinessline.com/economy/agri-business/indian-fertiliser-sectors-record-on-water-pollution-is-a-cause-for-concern-cse/article28756903.ece#

[30]FAO, Environmental Impact of Manure  http://www.fao.org/3/X6113E/x6113e06.htm

[31] Ibid

[32] Ibid

[33] Ibid

[34] Edward F. Elridge, Irrigation as a Source of Water Pollution, Wiley, http://www.jstor.com/stable/25034838

[35] Ibid

[36] Ibid

[37] How Animal Agriculture Contributes to Water Shortages, Climate Change, PETA India https://www.petaindia.com/blog/how-animal-agriculture-contributes-to-water-shortages-climate-change/#:~:text=Animal%20agriculture%20mucks%20up%20our,up%20in%20the%20nation’s%20water; See also FAO, United Nation, Water Pollution From Agriculture: A Global Review), http://www.fao.org/3/w2598e/w2598e04.htm

[38] FAO, United Nation, Water Pollution From Agriculture: A Global Review,, http://www.fao.org/3/w2598e/w2598e04.htm

[39] Ministry of Water Resources, River Development and Ganga Rejuvenation, Draft Policy on Sediment Management, http://jalshakti-dowr.gov.in/sites/default/files/Draft_Policy_on_Sediment_Mgmt-June2017.pdf

[40] Aktar, M. W., Sengupta, D., & Chowdhury, A. Impact of pesticides use in agriculture: their benefits and hazards. Interdisciplinary toxicology . https://doi.org/10.2478/v10102-009-0001-7

[41] Ibid

[42] Manyi-Loh, C. E., Mamphweli, S. N., Meyer, E. L., Makaka, G., Simon, M., & Okoh, A. I. An Overview of Control of Bacterial Pathogens in Cattle Manure, International Journal of Environmental Research and Public Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5036676/#:~:text=%5B23%5D%20noted%20that%20many%20manure,however%20others%20are%20less%20common.

[43] GV Iyengar, PP Nair, Global Outlook on Nutrition and the Environment: Meeting the Challenges of the Next Millenium, Sci Total Environ, https://pubmed.ncbi.nlm.nih.gov/10813462/.

[44]  Ana Sandoiu, Drug Resistance: Does Antibiotic Use in Animals Affect Human Health?, Medical News Today https://www.medicalnewstoday.com/articles/323639

[45] Kevin Parris, Impact of Agriculture on Water Pollution in OECD countries: Recent Trends and Future Prospects, 27 International Journal of Water Resources Development, 33 (2011), https://www.tandfonline.com/doi/full/10.1080/07900627.2010.531898.

[46]Department of Agriculture and Cooperation, Ministry of Agriculture, National Mission for Sustainable Agriculture – Strategies for Meeting the Challenges of Climate Change, at pg. 4, 14 (August 2010), available at < http://www.agricoop.gov.in/sites/default/files/National%20Mission%20For%20Sustainable%20Agriculture-DRAFT-Sept-2010.pdf>.

[47]See, Bandhua Mukti Morcha v. UOI, AIR 1984 SC 802. See also, A. P. Pollution Control Board II. V. Prof. M. V. Nayudu, (2001) 2 SCC 62.See also, Narmada Bacho Andolan v. UOI, (2000) 10 SCC 664.

[48]Ministry of Jal Shakti, Department of Water Resources, River Development & Ganga Rejuvenation,Entry 17 Under List II of Seventh Schedule, available at <http://mowr.gov.in/entry-17-under-list-ii-seventh-schedule>.See also, Ministry of Jal Shakti, Department of Water Resources, River Development & Ganga Rejuvenation, Water in Indian Constitution, available at <http://mowr.gov.in/water-indian-constitution>.

[49]PretikaKhanna, Govt Begins Process to Move Water to Concurrent List, LiveMint (January 18, 2017), available at <https://www.livemint.com/Politics/hXIm6t7UEhBYiQ3rBpomNO/Govt-begins-process-to-move-water-to-concurrent-list.html>.See also, Ashok Chawla Committee on Allocation of Natural Resources (2011), available at <http://www.cuts-ccier.org/pdf/Report_of_the_Committee_on_Allocation_of_Natural_Resources.pdf>. See also, Bharat Lal Seth and Moyna, Water May Shift from State to Concurrent List, Down To Earth (August 17, 2015), available at <https://www.downtoearth.org.in/news/water-may-shift-from-state-to-concurrent-list-33406>.

[50] The Water (Prevention and Control of Pollution) Act 1974, Preamble

[51]The Water (Prevention and Control of Pollution) Act 1974 §2(3).

[52] (Prevention and Control of Pollution) Act1974Chapter V.

[53]Dr. P.S. Harikumar, Agriculture & Environmental Pollution, Water Quality Division, CWRDM, at pg. 17, available at <https://www.indiawaterportal.org/sites/indiawaterportal.org/files/agriculture_and_environmental_pollution_harikumar_kec_2012.pdf>.

[54]Bharat Lal Seth, National Water Policy, 2012 Silent on Priorities, Down To Earth (July 04, 2015), available at <https://www.downtoearth.org.in/news/national-water-policy-2012-silent-on-priorities–35952>.

[55]¶3.6, National Water Policy, 2012.

[56]¶8.7, National Water Policy, 2012, Ministry of Water Resources, Government of India, available at < http://mowr.gov.in/sites/default/files/NWP2012Eng6495132651_1.pdf>.

[57]Central Water Commission, National Water Policy – Brief, at pg. 06, available at <http://cwc.gov.in/sites/default/files/nwauser/nwp-lectnote6.pdf>.

[58]¶5.3 &¶5.4, National Water Policy, 2012.

[59]¶6.5 – ¶6.8, National Water Policy, 2012.See also, PRS Legislative Research, Report Summary – Draft National Water Policy, 2012, available at <https://www.prsindia.org/sites/default/files/parliament_or_policy_pdfs/1345794528_Draft%20National%20Water%20Policy%202012-Summary.pdf>.

[60]¶3.6, National Water Policy, 2012.

[61]Ministry of Agriculture and Farmers’ Welfare, Government of India, Programmes, Schemes and New Initiatives, available at < http://agricoop.gov.in/divisiontype/rainfed-farming-system/programmes-schemes-new-initiatives>.

[62]Department of Agriculture and Cooperation, Ministry of Agriculture, National Mission for Sustainable Agriculture – Strategies for Meeting the Challenges of Climate Change, at pg. 7, 10 (August 2010), available at < http://www.agricoop.gov.in/sites/default/files/National%20Mission%20For%20Sustainable%20Agriculture-DRAFT-Sept-2010.pdf>.

[63]Soil and Land Use Survey of India, Ministry of Agriculture and Farmers’ Welfare, Government of India, About Us, available at <https://slusi.dacnet.nic.in/aboutslusi.html>.

[64]Soil and Land Use Survey of India, Ministry of Agriculture and Farmers’ Welfare, Government of India, About Us, available at <https://slusi.dacnet.nic.in/aboutslusi.html>.

[65]Soil and Land Use Survey of India, Ministry of Agriculture and Farmers’ Welfare, Government of India, Facilities of SLUSI, available at <https://slusi.dacnet.nic.in/facilities.html>.

[66]Central Fertilizer Quality Control and Training Institute, About Us, available at <https://cfqcti.dacnet.nic.in/aboutus07det.htm>.

[67]Central Fertilizer Quality Control and Training Institute, About Us, available at <https://cfqcti.dacnet.nic.in/aboutus07det.htm>.

[68]Central Fertilizer Quality Control and Training Institute, Quality Control of Fertlizers, available at <https://cfqcti.dacnet.nic.in/aboutus07det.htm>.

[69]RoopalSuhag, Overview of Ground Water in India, PRS (February 2016), available at <https://www.prsindia.org/administrator/uploads/general/1455682937~~Overview%20of%20Ground%20Water%20in%20India.pdf>.

[70]RoopalSuhag, Overview of Ground Water in India, PRS (February 2016), available at <https://www.prsindia.org/administrator/uploads/general/1455682937~~Overview%20of%20Ground%20Water%20in%20India.pdf>.

[71]See, Nada Sasakovaet al., Pollution of Surface and Ground Water by Sources Related to Agricultural Activities, Frontiers in Sustainable Food Systems(2018), available at <https://www.frontiersin.org/articles/10.3389/fsufs.2018.00042/full>.

[72]Water Systems Council, Protecting Ground Water through Agricultural Best Management Practices, available at <https://www.watersystemscouncil.org/download/wellcare_information_sheets/agricultural_best_management_practices_information_sheets/AgriculturalBMPOverview.pdf>.

[73]India Water Portal, Recommendations for Groundwater Policy, available at < https://www.indiawaterportal.org/news/recommendations-groundwater-policy>.

[74]http://mowr.gov.in/sites/default/files/ESSA-NGMIP-29Sep2016_0.pdf

[75]P. Cullet, Model Groundwater (Sustainable Management) Bill, 2017: A New Paradigm for Groundwater Regulation, 2/3 Indian Law Review (2018), p. 263-76 (published online January 2019).See also, Draft Bill available at http://mowr.gov.in/sites/default/files/Model_Bill_Groundwater_May_2016_0.pdf

[76]See, Ground Water Model Bill 2017 §9.

[77]Ground Water Model Bill 2017 § 3(1)(c)& (g).

[78]Ground Water Model Bill 2017 §3(1)(d).

[79]Ground Water Model Bill 2017 §2(1)(e).

[80]Ground Water Model Bill 2017 §4(2).

[81]Ground Water Model Bill 2017 §5.

[82]Ground Water Model Bill 2017 §6.

[83]Ground Water Model Bill 2017 §7.

[84]Ground Water Model Bill 2017 §8.

[85]Ground Water Model Bill 2017 §10(1).

[86]Ground Water Model Bill 2017 §18.

[87]Ground Water Model Bill 2017 §19(6).

[88]LokSabhaUnstarred Question No. 1758, Ministry of Water Resource, River Development and Ganga Rejuvenation, answered on July 30, 2015, available at <http://164.100.47.192/Loksabha/Questions/QResult15.aspx?qref=20846&lsno=16>.

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[92]Central Ground Water Board, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Mandate & Vision, available at <http://cgwb.gov.in/>.

[93]Central Ground Water Board, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation,Best Practices for Ground Water Harvesting in Different Parts of India – Central Ground Water Board Initiatives, available at <http://jalshakti-dowr.gov.in/sites/default/files/BP_CGWB.pdf>.

[94]Central Ground Water Board, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, Participatory Ground Water Management, available at <http://cgwb.gov.in/Participatory-GW-management.html>.

[95]G. D. Agarwal, Diffuse Agricultural Water Pollution in India, 39 Water Science and Technology Journal, 33 (1999) available at <https://www.ircwash.org/sites/default/files/244-99DI-15646.pdf>.

[96]Ministry of Environment and Forests, Government of India, National Environment Policy, 2006 – Guidelines, available at <https://ibkp.dbtindia.gov.in/DBT_Content_Test/CMS/Guidelines/20190411103521431_National%20Environment%20Policy,%202006.pdf>.

[97]Ministry of Environment and Forests, Government of India, National Environment Policy, 2006 – Guidelines, at pg. 32, available at < https://ibkp.dbtindia.gov.in/DBT_Content_Test/CMS/Guidelines/20190411103521431_National%20Environment%20Policy,%202006.pdf>.

[98]Ministry of Environment and Forests, Government of India, National Environment Policy, 2006 – Guidelines, at pg. 38, available at < https://ibkp.dbtindia.gov.in/DBT_Content_Test/CMS/Guidelines/20190411103521431_National%20Environment%20Policy,%202006.pdf>.

[99]Ministry of Environment and Forests, Government of India, National Environment Policy, 2006 – Guidelines, at pg. 39, available at < https://ibkp.dbtindia.gov.in/DBT_Content_Test/CMS/Guidelines/20190411103521431_National%20Environment%20Policy,%202006.pdf>.

[100]Planning Commission, Government of India, Report on the Working Group on Environment and Environmental Regulatory Mechanisms in Environment and Forests for the Eleventh Five Year Plan (2007-2012), p.80-1, https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.

[101]Planning Commission, Government of India, Report on the Working Group on Environment and Environmental Regulatory Mechanisms in Environment and Forests for the Eleventh Five Year Plan (2007-2012), p.36-7, https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.

[102]Planning Commission, Government of India, Report on the Working Group on Environment and Environmental Regulatory Mechanisms in Environment and Forests for the Eleventh Five Year Plan (2007-2012), p.79, https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.

[103]Press Information Bureau, Government of India, Key Highlights of Union Budget 2020-21 (February 01, 2020), available at <http://pibphoto.nic.in/documents/Others/Gbudget2020/ehrel.pdf>.

[104]Central Pollution Control Board, Ministry of Environment and Forests, Guidelines for Water Quality Monitoring (2007), available at <file:///C:/Users/Atul%20Borthakur/Downloads/a.pdf>.

[105]Central Pollution Control Board, Ministry of Environment and Forests, Guidelines for Utilization of Treated Effluents for Irrigation (September 2019), available at < http://www.ppcb.gov.in/Attachments/Notifications%20and%20Office%20Orders/Guideline-UTE.pdf>.

[106]2019 SCC OnLine NGT 532.

[107]Central Pollution Control Board, Ministry of Environment and Forests, Guidelines for Utilization of Treated Effluents for Irrigation (September 2019), available at < http://www.ppcb.gov.in/Attachments/Notifications%20and%20Office%20Orders/Guideline-UTE.pdf>.

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