Chapter II CONSERVATION OF WATER IN WATER COURSES

Notwithstanding anything to the contrary contained in any other law for the time being in force, or in any custom or usage or in any contract or other instrument but subject to the provisions of section 218 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and section 208 of the Kerala Municipality Act, 1994 (20 of 1994), all water courses and all water in such water courses in the State shall be the property of the Government, and the Government shall be entitled to conserve and regulate the use of such watercourses and the water in all those water courses for the purposes of irrigation and the generation of Electricity and for matters connected therewith or for both.

(1) Save as provided in this Act, no person or agency shall abstract water from a water course by installation of any mechanical or electrical device, the capacity of which, in the aggregate, is more than five horse power, or any hose, pipe or other similar device or by any other means except with the previous permission of the officer authorised by the Government in this behalf within whose jurisdiction such device for abstraction of water is installed and subject to such terms and conditions and on payment of such fees, as may be prescribed: Provided that the Kerala Water Authority or any local authority shall not be liable to obtain a permit under this sub-section. (2) Any person or agency aggrieved by an order refusing to grant permission under sub-section (1), may within such time and in such manner as may be prescribed, appeal to the Collector and the Collector shall, after hearing the appellant and the authorised officer, pass such orders on the appeal as he deems fit within one month from the date of receipt of the appeal. (3) If any person abstracts water from a water course in violation of the provisions of sub-section (1) or an order of the Collector under sub-section (2), the officer authorised under sub-section (1) or any person authorised by him in that behalf shall, without prejudice to any other action that may be taken for such violation, have power to enter any property, place or premises in which any device is installed for abstraction of water and to remove or cause such device to be removed or also to confiscate such device if he is satisfied that such confiscation is necessary for the prevention of abstraction of water. (4) Any lapse in supervision of the provisions contained in sub-section (3) by the officers authorised under sub-section (1) or any person authorised by him on that behalf will also be liable for disciplinary action.

(1) No person or agency or local authority shall construct any reservoir or anicut or weir or any other permanent structure in or across any water course for the purpose of diverting water therefrom except with the previous sanction of the Government or such authority as may be authorised by the Government in that behalf and subject to such terms and conditions as the Government or such authority may impose. (2) Where any structure is constructed in violation of the provisions of sub-section (1), the Government or the authority authorised by the Government under that sub-section shall, without prejudice to any other action that may be taken for such violation, have power to remove such structure or cause it to be removed and to recover the cost of such removal from the person or persons responsible for such construction.

(1) No person or agency or a local authority or any other authority shall divert any river or interlink two or more rivers or effect inter-basin transfer of water from such rivers without obtaining prior permission from the Government. (2) Where any structure is constructed in or across a river for the purpose of diversion or linking of such river the Government or such officer or authority as the Government may authorise in this behalf shall have the right to remove such structure and to recover the cost of such removal from the person or authority responsible for such construction.

No person shall quarry sand in any area in a water course within a distance of five hundred metres from any dam, check dam, reservoir or any other structure or construction on or across such watercourse, owned or controlled or maintained by Government for the purpose of irrigation : Provided that nothing in this section shall apply to collection and removal of silt and sand from the reservoir or the water spread area of a dam or check dam by the Water Resources Department for the maintenance of such dam or check dam.