Chapter VIII SAFEGUARD OF IRRIGATION WORKS

46. Limitation in respect of irrigation works. Except as may be prescribed, no person other than the Irrigation Officer shall,- (a) interfere with or divert the course of a natural stream; or (b) construct any earthern or masonry bund or weir on any channel or stream, flowing above or below any field channel.

No person, except with the written permission of the Irrigation Officer, shall obstruct the proper functioning of the various cross drainage works, such as culverts, aqueducts, super-passages, syphons, weirs and allied works constructed for the safety of the canals or channels.

48. Obligations of owners in respect of works affecting safety of canals. (1) Every owner whose tank, well, pond, spring pond, talaparige or other reservoir is situated above any irrigation work, shall maintain the bunds and surplussing arrangements of such tank, well, pond, spring pond, talaparige or reservoir in a safe and efficient condition. (2) If, in the opinion of the Irrigation Officer, such bunds or surplussing arrangements of the works referred to in sub-section (1) are not in a fit condition and are likely to endanger the irrigation works below, then the owner concerned shall be served with a notice to bring such bunds or surplussing arrangements to a reasonably fit condition, in such manner and within such time as may be specified in the notice. (3) If the said owner fails to comply within the time specified or does repairs which in the opinion of the Irrigation Officer are unsatisfactory, the Irrigation Officer may carry out the necessary repairs and the cost thereof shall be recovered from the said owner as an arrear of land revenue. (4) From any order of the Irrigation officer under this section an appeal shall lie within one month from the date of communication of the order, to the Deputy Commissioner, whose decision thereon shall be final.

49. Mining or quarrying near irrigation works. No person shall conduct mining or quarrying operations requiring the use of explosives within a distance of one kilometer from the boundaries of an irrigation work without the written permission of the Irrigation Officer.

50. Excavation of wells near irrigation works. Save as provided in sub-sectiion (2) of sectiion 4, no new well shall be excavated within such distance as may be specified by the State Government from time to time, from the boundaries of an irrigation work, without the written permission of the Irrigation Officer.

51. Operation of sluice gates, etc. No person other than the Irrigation Officer or other person duly empowered by the Irrigation Officer in this behalf, shall have the right to operate a sluice gate, regulator or flood gate of a reservoir, canal or channel.

52. Fishing and plying of boats, etc. No person shall have the right to fish or ply any vessel in a reservoir or tank or across or along a canal or channel maintained or controlled by the Government without the permission in writing of the State Government or of such officer as may be empowered in this behalf by the State Government, and except under such terms and conditions and subject to payment of such fees as may be prescribed: Provided that no permission for fishing in any tank with an achkat of not more than five hundred acres shall be granted by any officer empowered under this section except with the concurrence of the Irrigation Officer.

No person other than the Irrigation Officer or any officer duly empowered in this behalf shall let out water from a canal or channel by cutting the bund, constructing a sluice or outlet or any other similar contrivance.

54. Depositing produce of mines in or near channels prohibited. No person shall deposit any produce of mines in or near any channel or other work, whether natural or artificial, through which rain or other water flows into any irrigation work.