In India, the current legal regime gives ownership of groundwater to the owner of the land below which the water flows. Given that water cannot, by its very nature be thought of in a piece-meal manner, this creates huge problems for its management.

Water is also a state subject in India and there are a large number of different state laws dealing with different aspects of water and water management. While this has the advantage of being sensitive to local diversity and socio-economic conditions, it can be inimical for a planned and coordinated water conservation effort. Recognising the need for a harmonious water management framework, the Centre has published Model Bills for states to use in drafting their own laws.

Importantly, there is a fundamental right to water in India. Several cases before the Supreme Court has now established water as a part of the Right to Life under Article 21.