section 3
The application of water for public purposes of irrigation works
The Jammu and Kashmir Irrigation Act, 1978(1) Whenever it appears expedient to the Government that water of any river (including its tributaries) or stream or Zamindari Khuls flowing in a natural channel or of any lake or any other natural collection of still water or ground water or flowing in a channel where such water or part thereof, is received from any irrigation work constructed by the Government whether by percolation, regeneration, release, or otherwise should be applied or used for the purpose of any existing or projected irrigation work, or for the regulation, supply or storage of water, the Government may, by notification, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof. (2) As soon as practicable after the issue of a notification under sub-section (1), the Divisional Canal Officer or any officer duly empowered under this Act shall cause public notice to be given at convenient places, stating that the Government intends to apply or use the water referred to in that sub-section. (3) The application or use of the said water or the application or use of water of any irrigation work under the management or control of the Government shall be regulated according to the provisions of this Act. (4) Where the Government is of the opinion that in the interest of proper irrigation from any irrigation work constructed or proposed to be constructed within a period of five years it is necessary to control the construction of wells for any purpose other than exclusively domestic use, either on personal or community basis, in any area or areas, the Government may, by notification specify such area or areas, and thereupon no person shall within such area or areas construct any such well except with the previous sanction of the Government or any officer authorized by the Government in this behalf and subject to such conditions as the Government or such officer may impose. The application for grant of such sanction shall be disposed of by the Government or the authorized officer within three months from making thereof. (5) When the Government is of the opinion that in the interest of proper irrigation, a block of land under any existing or proposed irrigation work is to be transferred to another proposed or existing work or completely excluded from any existing work the Government may, by notification, specify such areas and such works to take effect from a date specified in the notification not being earlier than one month from the date thereof.
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