Occasional supply of water through private water-course.

(1) Any permanent holder or occupier in a wet or irrigable area may apply to the Executive Engineer for supply of water from a canal. (2) If it appears expedient that such supply should be given and that it should be conveyed through an existing private water-course, the Executive Engineer shall give notice to owner of the water-course to show cause on a day not more than 14 days from the date of such notice why the said supply should not be so conveyed. (3) On the day fixed, the Executive Engineer shall after hearing the owner if present and making such enquiry, as he thinks fit, determine whether and on what conditions the said supply should be conveyed through the water-course. (4) Any person aggrieved by the decision of the Executive Engineer under sub-section (3), may, before the expiry of thirty days from such decision, prefer an appeal to the Superintending Engineer and subject to the result of such appeal, if any, the decision of the Executive Engineer shall be final. (5) Such applicant shall not be entitled to use the water-course until he has paid the cost of any alteration of the water-course required for making the supply available through it and such charges for use of the water-course as the Executive Engineer may determine. (6) The applicant shall also be liable to maintain the water-course so long as he uses it.