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Water - Revision, Variation, Determination And Diminution Of Water Rights (Ss 19-25)

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19.     Inadequacy of water supply for satisfaction of water rights

 

            If at any time in the opinion of the Minister, in any specified area the quantity of water to which rights of use exist is insufficient to satisfy all such water rights, he may direct the Board to review the use, diversion, control and appropriation of public water in that area and, in so doing, the Board may revise the quantity allowed by any right and the terms and conditions of any right to the use of water in that area:

            Provided that the Board shall have regard to the principle that where beneficial use of the whole right has been maintained, no right shall be cancelled or reduced except proportionally with all other rights in the same area.

 

20.     Suspension or variation of rights on account of drought, etc.

 

            Where in the opinion of the Board the supply of public water from any source or in any area is or is likely to become insufficient for the needs of persons using it on account of drought or of an emergency, the Board may authorize the Water Registrar at any time and from time to time to suspend or vary, by notice in writing to the holders of water rights (including any right referred to in Part II) all or any rights to abstract or use water from that source, or in that area, for such period as he may deem necessary, and upon notice being given by the Water Registrar as aforesaid, such rights shall cease for the period of suspension or shall be exercisable only as so varied, as the case may be.

 

21.     Where quantity unspecified Water Board may specify quantity

 

            Where any right to the use of an unspecified quantity of public water subsists, the Board may at any time specify the quantity of water for which such right may be valid, and direct the Water Registrar to record the same in the register of water rights and so inform the holder of the right:

            Provided that the Board shall, before so specifying give the holder of the right the opportunity of making representations thereon, and shall take into consideration any such representations.

 

22.     Variation of water rights with consent

 

            The Board may from time to time, on the application or with the consent of the holder of a water right, determine or diminish the right or vary any of the conditions thereof.

 

23.     Determination for breach of a condition

 

            Where the holder of a water right has failed to comply with any condition, express or implied, subject to which the right was granted, or has abstracted or used public water in excess of that authorized or has used public water for a purpose not authorized by the grant, the Board may by notice in writing addressed to the holder declare the right to be determined:

            Provided that where the default is one capable of being remedied, the Water Registrar shall first serve on the holder notice in writing specifying the default and requiring the holder to remedy the same within such time as may be specified in the notice.

 

24.     Determination or diminution for non-use

 

            (1) If at any time the Water Registrar has reason to believe that the holder of a water right has not, during the preceding three years, made full beneficial use of that right, he may by notice in writing addressed to such holder call upon him to show cause why such right should not be determined or diminished or modified in such respects as may be specified in the notice.

            (2) If within three months of the service of such notice no reply has been received by the Water Registrar, the Board may declare the right determined or diminished or modified as the case may be.

            (3) The holder of a water right upon whom a notice has been served under subsection (1) may, within three months of such service, submit to the Board a statement in writing of reasons why the right should not be determined or diminished or modified, as the case may be, and may require to be heard in the matter.

            (4) The Board shall consider any statement submitted to it under subsection (3) and shall, if so required, give the holder an opportunity of being heard in person or by his legal representative and may thereafter by notice in writing addressed to the holder-

     (a)     declare the right determined;

     (b)     declare the right diminished or modified in such respects as may be specified in the declaration; or

     (c)     declare the right to be subsisting unchanged.

 

25.     Determination or diminution for public purposes

 

            (1) Where the Board is satisfied that public water is required for public purposes it may, by notice in writing addressed to the holder of any water right, determine or diminish that right to the extent that such water is required for the aforesaid public purpose, and thereupon the right shall lapse or shall be exercisable only as so diminished, as the case may be.

            (2) The holder of any right determined or diminished under the provisions of this section shall be entitled to receive compensation from the Government for all loss resulting from the determination or diminution of the right.

            (3) The amount of compensation payable shall in the absence of agreement be determined by the High Court upon the application of the holder or the Minister.

            (4) The Minister may by order published in the Gazette declare any purpose to be a public purpose within the meaning of this section.