Chapter IV REGULATION OF IRRIGATION

27. Regulation of water supply from irrigation works. An Irrigation Officer duly empowered by the State Government by a notification in respect of any irrigation work or class of irrigation works may, after such inquiry as he deems fit, and after consultation with a committee appointed by the State Government consisting of such number of official and non-official members as may be prescribed, regulate in respect of any irrigation work for each year or for a specified term of years at a time, as circumstances may require,-

(i) the time for letting out water for irrigation;

(ii) the period of supply;

(iii) the quantity of supply; and

(iv) the areas to be supplied at different times.

Explanation.- A land shall be deemed to have been supplied with water if water is made available for irrigation of such land:

Provided that where an irrigation work is entrusted to a Water Users Society, the Irrigation Officer, instead of consulting the committee so appointed by the State government, shall,-

(i) in case of a Water Users Society whose area of operation extends to one or more minor irrigation of lift irrigation works, consult such Water Users Society; and

(ii) in other cases, consult the Water Users Project Level Federation.

Provided further that when an irrigation work is entrusted to a Waters Users Association the irrigation officer instead of consulting the committee so appointed by the State Government shall consult Water Users Association.

(1) Notwithstanding anything contained in any other law for the time being in force, after commencement of construction of any irrigation work to irrigated any land, from any irrigation project, being a major or medium irrigation project, no owner of such land shall, for such period not exceeding ten years and from a date to be specified in this behalf, by a notification by the Chief Engineer in charge of the irrigation work, transfer the land specified in the notification by way of sale, mortagage, lease, gift, exchange or otherwise without prior permission of the Irrigation Officer.

(2) The Irrigation Officer may give permission under sub-section (1) having regard to the guidelines issued by the State Government from time to time.

(1) Any person desiring to have a supply of water from an irrigation work for irrigating a land not included in any area to which supply of water is regulated under section 27, shall make a written application to that effect to the Irrigation Officer. Subject to any general or special order made by the State Government determining the extent of lands for which water can be made available from such irrigation work, such officer may, if in his opinion such supply can be made without detriment to the supply of water to lands included in any area to which supply of water is regulated under section 27, order the supply of water and for such period not exceeding six years subject to such conditions as may be specified in such order.

(2) If after a period of six successive years of supply of water made to any land referred to in sub-section (1), the holder of such land applies for the supply of water being made permanent, such application, with the opinion of the Irrigation Officer, shall be forwarded to the Deputy Commissioner of the district. The Deputy Commissioner of the district shall then take steps in accordance with law to include the land in the area to which supply of water is regulated by section 27.

(3) The water rate or water charges, as the case may be leviable for the use of water for temporary cultivation under sub-sections (1) and (2) shall be twice the water rate or water charges, as the case may be.

(4) With the sanction of, and subject to such conditions, payments, and restrictions, as may be imposed by the State Government or such officer as may be authorised by the State Government in this behalf, the Irrigation Officer, may, without detriment to the supply of water to lands included in any area to which supply of water is regulated under section 27, give permission for water to be taken from an irrigation work, for purposes other than those of agriculture.

(5) If any person uses water from an irrigation work without obtaining the permission required under this section, he shall in addition to any penalty he incurs under this Act for such unauthorised use of water be liable to pay water rate or as the case may be, water charges at such rate as may be determined by the prescribed officer not being less than ten times and not exceeding thirty times the rate or the water charges, as the case may be he would otherwise have been required to pay, had he applied for and obtained the permission.

The supply of water to any field-channel or to any person who is entitled to such supply shall not be stopped, except,-

(a) whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by the competent authority;

(b) whenever and so long as any field-channel by which such supply is received is not maintained in such repair as to prevent the wasteful escape of water thereof;

(c) whenever and so long as it is necessary to do so in order to supply in rotation the legitimate demands of other persons entitled to water;

(d) whenever and so long as it may be necessary to do so in order to prevent the wastage or misuse of water;

(e) within the periods fixed from time to time by the Irrigation Officer of which due notice shall be given;

(f) whenever there is diminution in the supply of water in the irrigation work due to any natural or seasonal causes and so long as it is necessary to do so;

(g) whenever and so long as water is used for sowing, planting or growing crops in contravention of notification issued under sub-section (2) of section 32;

(h) whenever and so long as stoppage of supply of water is necessitated due to any cause beyond the control of Irrigation Officer;

(i) whenever and so long as a person does not pay the arrears of water rate or as the case may be water charges.

When water from an irrigation work is supplied for the irrigation of one or more crops only, the right to use such water shall be deemed to continue only until such crop or crops shall come into maturity, and to apply only to such crop or crops.

31. Regulation of cultivation on lands. (1) Subject to the provisions of section 32, and subject to such directions as may be issued from time to time, the Irrigation Officer may in any year, having regard to the quantity of water available in any irrigation work under his control determine, by order published in the prescribed manner and within the time prescribed, the areas or lands in the irrigable area of such irrigation works, to be cultivated with paddy, sugarcane, or any perennial crop or intermittent irrigated dry crops or with dry or semi-dry crops and regulate the supply of water for irrigation accordingly.

(2) If, in accordance with a decision of the Irrigation Officer under sub-section (1), any land entitled to supply of water under the irrigation work is not supplied with water, the holder of such land shall be liable to pay only the dry assessment of such land.

(3) From the order of the Irrigation Officer under this section, an appeal shall lie within fifteen days from the date of publication of the said order, to the Deputy Commissioner of the district.

(1) Whenever the State Government is satisfied that for the better cultivation of lands and due preservation of the water-resources of an irrigation work, it is expedient and desirable in public interests to regulate the kind of crop that should be grown on lands under such irrigation work and the period of sowing such kinds of crop, it may, by notification, make a declaration to that effect.

(2) On the making of a declaration under sub-section (1), the Irrigation Officer, after consultation with the committee appointed under section 27 and with the approval of the Deputy Commissioner, may specify by notification published in such manner as may be prescribed, the kinds of crop that shall be grown on any land under such irrigation work and the period of sowing and planting such crops.

Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by this Act, which is capable of being ascertained: Provided that no compensation shall be so awarded in respect of any damage arising from,- (a) deterioration of climate or soil; or (b) stoppage of navigation or of the means of floating timber or of watering cattle; or (c) stoppage or diminution of supply of water in consequence of the exercise of the power conferred by section 5, if no use has been made of such supply within the five years next before the date of the issue of the notification under section 5; or (d) failure or stoppage of any water in a channel or irrigation work where such failure or stoppage is due to,- (i) any cause beyond the control of the authority incharge of the irrigation work; (ii) the execution of any repairs, alterations or additions to the channel or irrigation work; (iii) any measures considered necessary by the Irrigation Officer, regulating the proper flow of water in the channel or for maintaining the established course of irrigation; or (iv) circumstances mentioned under clauses (a) to (f) of section 29: Provided further that any person who suffers loss from any stoppage or diminution of water supply to his land due to any causes named in clause (d) of the preceding proviso shall be entitled to such remission of the water rate payable by him as may be authorised by the State Government.

34. Limitation of claims. No claim for compensation under this Act for any damage shall be entertained after the expiration of one year from the time when the damage complained of commenced, provided that the Deputy Commissioner on sufficient cause shown to his satisfaction by the claimant for not making the claim within such period, may condone the delay, and entertain the claim.

35. Compensation for damage caused by entry on land, etc. (1) In every case of entry upon any land or building or the utilisation of materials under sections 5, 6, 7 and 8, the Irrigation Officer or the person making the entry shall ascertain and record the extent of the damage, if any, caused by the entry, or in the execution of any work, to any crop, tree, building or other property and the value of the materials taken or utilised and, within one month from the date of such entry, compensation shall be tendered by the Irrigation Officer to the land-holder or owner of the property, as the case may be. (2) If such tender is not accepted within a week of such tender, the Irrigation Officer shall forthwith refer the matter to the Deputy Commissioner for the purpose of determining the amount of compensation.

(1) All claims for compensation under this Act other than claims of the nature provided for in section 35 shall be made to the Deputy Commissioner of the district in which such claim or part of it arises. (2) The Deputy Commissioner shall enquire into all such claims and determine the amount of compensation, if any, which should be awarded. In determining such amount, the Deputy Commissioner shall, be guided by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894: Provided that regard shall be had to the diminution in the market value, at the time to awarding compensation, of the property in respect of which compensation is claimed; and where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act: Provided further that no order determining the amount of compensation shall be made by the Deputy Commissioner under this section without the previous approval of the State Government or such officer as the State Government may appoint in this behalf.

Any person aggrieved by the order of the Deputy Commissioner under section 35 or section 36 may, within ninety days from the date of communication of the order, prefer an appeal to the Karnataka Revenue Appellate Tribunal.

All sums of money payable for compensation awarded under this Chapter shall become due three months after the final award is made, and simple interest at the rate of four per centum per annum shall be allowed on any such sum remaining unpaid after the said three months, except when the non-payment of such sum is caused by the neglect or refusal of the claimant to apply for or receive the same.