15.     Grant of water rights

            (1) The Board may grant to any person the right to divert, dam, store, abstract, use, or discharge any effluent into, public water from such source, in such quantity, for such period, whether definite or indefinite, and for such purpose as may be specified in the water right, subject to such terms and conditions as it may deem fit.

            (2) Application for the grant of a water right shall be made to the Board through the Water Registrar who shall give notice of the same in the prescribed manner.

            (3) Any interested person may notify the Water Registrar within such period as may be prescribed that he objects to the grant of a water right and shall specify the grounds of such objection, and shall, if he so require, have a right to be heard thereon by the Board.

            (4) The Board shall consider every application and any objections made to it in respect thereof and may, after consulting such persons and authorities, if any, in its sole discretion, decide to consult, grant such right as it may consider appropriate or dismiss the application.

            (5) Nothing in any such grant shall be deemed to imply any guarantee that the quantity of water therein referred to is or will be available.

            (6) The Water Registrar may in consultation with the Director of Geological Survey authorize any public officer to construct or enlarge a borehole for the purposes of the State where he is satisfied that reasonable cause exists for not making application to the Board under the provisions of subsection (2):

            Provided that nothing in this subsection shall authorize the abstraction and use of water from any borehole so constructed.

16.     Rights may be made appurtenant to land

            (1) The Board may, either at the time of the grant of any water right or at any time after the grant of any water right declare that such right shall be appurtenant to the land described in the water right.

            (2) Where a water right has been declared to be appurtenant to any land, the benefit of the right shall be enjoyed and the right may be enforced by the person who is for the time being entitled to the possession of the land.

            (3) Where in consequence of any transfer, lease, partition or devolution of property, whether by will or on intestacy, or otherwise, any person becomes entitled to the possession of part of or a share in the land to which a water right has been declared appurtenant, he may abstract and use such proportion of the water the abstraction and use of which is permitted by the water right as may be assigned to him in transfer, lease, partition, or will or is by law apportioned to him or as may be agreed between him and the persons entitled to the possession of the remaining parts or shares of or in the land, or in the absence of any such agreement, as may be determined by the Board.

            (4) Where any apportionment of water has been made under the provisions of subsection (3) in respect of any partition of land, the several quantities of water so apportioned shall be deemed to be appurtenant to the several parts of such land and the benefit thereof shall be enjoyed and all rights thereof may be enforced, in accordance with such apportionment by the persons who are for the time being entitled to the possession of such parts, and such rights shall prevail until the parts are again merged with each other.

            (5) Any person acquiring a right to abstract and use water by agreement in accordance with the provisions of subsection (3) shall within 30 days give notice thereof in the prescribed form to the Water Registrar failing which such right shall be unenforceable.

17.     Conditions implied in certain rights

            (1) The following conditions shall be implied in every water right granted for mining, forestry or industrial purposes or for the generation of power-

     (a)     that the water used thereunder-

           (i)       shall be returned, if reasonably practicable, to the stream or body of water from which it was taken or to such other stream or body of water as may be authorized by the Water Registrar;

          (ii)       shall, in so far as the use to which it is put allows, be substantially undiminished in quantity;

          (iii)       shall not be polluted with any matter derived from such use to such extent as to be likely to cause injury either directly or indirectly to public health, livestock, animal life, fish, crops, orchards or gardens which are irrigated by such water or to any product in the processing of which such water is used; and

     (b)     that precautions shall be taken by the holder of the right to the satisfaction of the Water Registrar to prevent accumulations in any river, stream or water course of silt, sand, gravel, stones, sawdust, refuse, sewage, waste or any other substance likely to affect injuriously the use of such water.

            (2) Any holder of a water right who contravenes or who fails to comply with any condition implied in a water right in accordance with the provisions of subsection (1) shall be guilty of an offence and shall be liable to the penalties prescribed in section 37.

18.     Rights conditional on construction of works

            (1) Where the Board has granted a water right subject to the construction of works within a specified period the Water Registrar may, from time to time and at any time, notwithstanding that the period previously allowed may have expired, extend the period for the construction of such works.

            (2) At the expiration of the period allowed for the construction of the works, the Water Registrar shall cause the works to be inspected by an officer designated by him for the purpose who, if they have been constructed to his satisfaction, shall so certify in writing to the Water Registrar.

            (3) No certificate issued under this section shall be deemed to imply any guarantee by the Government that the works are properly designed or constructed nor shall support or justify any claim whatsoever against the State or any public officer in connection with such works.