Chapter III LIFT IRRIGATION WATER USERS‟ ASSOCIATION

1. (1) For every lift irrigation scheme under this Act, there shall be constituted a Water Users Association.
2. (2) The State Government shall, by notification in the Official Gazette, declare a cut-off-date, being a date not earlier than one year from the date of such notification, after which the sanctions to individual schemes of lift irrigation shall stand cancelled in the delineated areas: Provided that, the State Government may, by notification in the Official Gazette, extend the said period: Provided further that, under exceptional circumstances and having regard to geographical situations, the permission to individual lifts may be continued till constitution of the Lift Irrigation Association.

In order to avoid overlapping in command areas of flow and lift irrigation and complications arising thereby, the Appropriate Authority may give permission to form Lift Irrigation Water Users’ Associations, on notified rivers or streams in the command of flow irrigation, after delineating the area of flow and lift irrigation separately in the prescribed manner.

In the case of Lift Irrigation on notified rivers or streams upstream of reservoir which are beyond the area of operation of Lift Irrigation Water Users’ Associations along the periphery of a reservoir within the prescribed extent of water use and to all concerned project affected people as prescribed, the Canal Officer duly empowered by the Appropriate Authority, in this behalf, may give permission to individual lifts and exercise control thereon: Provided that, the Canal Officer shall, on constitution of the Lift Irrigation Water Users’ Associations, cancel the individual sanctions given, under this section: Provided further that, the quantum of water to be allowed for lift irrigation along reservoir shall be determined in the prescribed manner depending upon the geographical situation and water availability.

1. (1) A Canal Officer not below the rank of an Executive Engineer, duly empowered by the Appropriate Authority in this behalf shall, by notification in Official Gazette and in accordance with the rules made under this Act, delineate command areas of the Lift Irrigation Water Users’ Associations separately based on the prescribed guidelines and declare those areas to be the areas of operation of respective Lift Irrigation Water Users’ Associations for the purposes of this Act.
2. (2) The provisions of sub-sections (2), (3), (4), (5) and (6) of section 6 shall, mutatis mutandis, apply to delineation of area of operation of Lift Irrigation Water Users’ Associations.

1. (1) In an area delineated as an area of operation of the Lift Irrigation Water Users Associations under section 42, Lift Irrigation Water Users Associations shall be constituted by the holders or occupiers of lands so delineated. Such Association shall be registered in the prescribed manner.
2. (2) The provisions of sub-section (2) of section 8 shall, mutatis mutandis, apply to the constitution of the Lift Irrigation Water Users Associations.
3. (3) The State Government may, for reasons to be recorded in writing, provide for any other type or form of the Lift Irrigation Water Users Associations.

The provisions of section 9 shall, mutatis mutandis, apply to the Managing Committee of the Lift Irrigation Water Users Association and election of its Chairperson and Directors.

Water supply to the Lift Irrigation Water Users’ Association and individual lifts in the State, if any, shall be controlled and regulated by the Canal Officer duly empowered by the Appropriate Authority in this behalf. The Canal Officer shall assist, in obtaining permission to install pumps in the course of a river: Provided that, if there is any difficulty in constitution of the Lift Irrigation Water Users’ Associations on Main Canal, the Appropriate Authority may, after studying the feasibility, by order, hand-over the responsibility of individual lifts on uncommand side of Main Canal to nearby Water Users’ Association at minor level for a specified period : Provided further that, the consent of the concerned Water Users’ Association and the concerned holder or occupier of land shall be obtained for such handing over.

The Lift Irrigation Water Users’ Association shall not lift water directly from the Main Canal. Water shall be made available to the Lift Irrigation Water Users’ Association by flow under gravity through an arrangement in the intake well built by the Lift Irrigation Water Users’ Associations at their own cost : Provided that, in case of the existing, individual Lift Irrigation Schemes joining the Lift Irrigation Water Users’ Association, as well as the existing Lift Irrigation Water Users’ Associations, even after registration of such Associations under section 39, the condition of constructing intake wells shall be relaxed.

1. (1) The Lift Irrigation Water Users’ Association shall provide, install, maintain and calibrate water meters for flow measurement at their cost: Provided that, for every water lifting device, there shall be a separate water meter certified by the Bureau of Indian Standards (ISI).
2. (2) The Canal Officer, duly empowered in this behalf, shall have the power to inspect and test the water meters and pass such order he deems fit.

The Appropriate Authority may make separate arrangements for the control and regulation of supply of electricity to the Lift Irrigation Water Users’ Associations and individual lifts as prescribed. The provisions of section 97 of the Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976) shall, mutatis mutandis, apply to Lift Irrigation Water Users’ Associations under this Act. The Canal Officer shall assist in obtaining the connection of electric power supply to the Lift Irrigation Schemes.

The Appropriate Authority shall, in accordance with the rules made in this behalf, determine the separate water rates on volumetric basis for Lift Irrigation Water Users’ Associations, considering the fact that all the expenditure for installation and organisation and maintenance of the Lift Irrigation Scheme is borne by Lift Irrigation Water Users’ Associations.

Save as otherwise provided by or under any other provisions of this Act, the provisions relating to the Water Users Association shall, mutatis mutandis, apply to the Lift Irrigation Water Users Association.

1. (1) The Lift Irrigation Water Users’ Association on Main Canal shall be deemed to be the members of the Canal Level Association.
2. (2) The Lift Irrigation Water Users’ Association on reservoirs shall be deemed to be the members of Project Level Association.