Question

Within the purview of Water Act, the meaning of Stream is defined as

• A. Includes a river but not a water course
• B. Includes a water course but not a river
• C. Includes river and water course, but not subterranean waters
• D. Includes a river, a water course and subterranean river

Hint:

In environmental law, pay close attention to the scope of definitions. The exclusion of "subterranean waters" from the definition of "stream" in the Water Act is a significant point, as the protection of groundwater is primarily addressed under the Environment (Protection) Act, 1986.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The Water (Prevention and Control of Pollution) Act, 1974, is the primary legislation in India for the prevention and control of water pollution. Section 2 of the Act provides definitions for key terms.

Step 2: Detailed Explanation:
Section 2(j) of the Water Act, 1974, defines the term "stream". The definition is inclusive and states:
"'stream' includes—
(i) river;
(ii) water course (whether flowing or for the time being dry);
(iii) inland water (whether natural or artificial);
(iv) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf;
but does not include any subterranean waters."
This definition is very broad, covering rivers and water courses, but it explicitly excludes subterranean (underground) waters.

Step 3: Final Answer:
The definition of "stream" under the Water Act includes rivers and water courses but specifically excludes subterranean waters.