Powers and Functions of water users' association

§5

Summary

(1) A water users’ association shall have powers: - (i) to enter on any land, remove obstructions, close any channel, and do other things necessary for carrying out its functions; (ii) to cut down or/ and clear away any part of any standing crop, fence or bush if it is necessary to carry out its functions; (iii) )to enter into any building or water-course for the purpose of inspecting or regulating the use of canal water, or for measuring the lands irrigated thereby and chargeable with a water rate and to do all things necessary for the proper regulation and management of such canals; (iv) to enter in case of any accident happening or being apprehended to a canal, water users’ association upon any lands adjacent to such canal, and may execute all work which may be necessary for the purpose of preventing such accident: Provided that If a water users’ association proposes to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with canal water, it shall previously give the occupier of such building, court or garden at least seven days’ notice in writing of its intention to do so: Provided further that every case of entry under this section, the water users’ association shall at the time of such entry, tender compensation for any lawful claim of damage which may be occasioned by any proceeding under this section: and in case of dispute as to the sufficiency of the amount so tendered, it shall forthwith refer the same to the competent canal officer for decision. The decision of competent canal officer shall be final. (2) (a) A water users’ association at kulaba, minor or distributary level shall perform the following functions in the area of its operation: - (i) to inform members regarding canal statistics and water use status and invite suggestions, if any, for efficient management of the available water in the general body meeting; (ii) to prepare crop plan as per water budget and soil condition; (iii) to prepare water indent and submit it to immediate upper level water users’ association or competent canal officer, as the case may be; (iv) to receive water from immediate upper level water users’ association or competent canal officer, as the case may be, on volumetric basis and to supply it to its immediate lower level water users’ associations or land-holders in an equitable and transparent manner; (v) to design, implement, regulate and monitor its own water sharing arrangement, in the manner prescribed; (vi) to prepare water budget and maintain water account in such manner as may be prescribed; (vii) to prevent unauthorized irrigation and wastage of water, to ensure timely reporting of offences under section 33 to immediate upper level water users’ association/ competent canal officer, as the case may be, and to cooperate with the investigating agencies; (viii) to prepare and submit crop season wise or annual reports including water audit to general body and to upper level water users’ association or the competent canal officer as the case may be; (ix) to plan, design and implement activities relating to command area development in its area of operation; (x) to assist and participate in such manner as may be prescribed in the process of recording of irrigation and assessment and recovery of water charges; (xi) to prepare inventory of assets in its charge and maintain it with other records in such manner as may be prescribed; (xii) to resolve dispute or difference among its members or lower level water users’ associations; (xiii) to undertake any other activities required for accomplishing the objectives of this Act. (b) A water users’ association at kulaba level shall perform the following additional functions in the area of its operation: - (i) to construct and maintain water courses and field drains; (ii) to distribute available water among land holders. (c) A water users’ association at minor or distributary level shall perform the following additional functions in the area of its operation: - (i) to carry out annual maintenance and repairs of the irrigation system in its charge before commencement of each irrigation season; (ii) to implement special maintenance and repairs of the irrigation system in its charge; (iii) to monitor and coordinate the activities of the lower level water users’ associations. (d) A shakha samiti shall perform the following functions in the area of its operation: (i) to give advice to the lower-level water users’ associations or the competent canal officer, as the case may be, regarding annual maintenance and recovery of previous and current water charges etc; (ii) to prepare and issue a public notice of water budget and preliminary irrigation program for the branch before commencement of each irrigation season considering number of rotations and irrigation interval in consultation with the competent canal officer; (iii) to prepare canal operation schedules in consultation with lower level water users’ associations and the competent canal officer; (iv) to monitor and coordinate the activities of the lower level water users’ associations.; (e) The pariyojana samiti shall give advice to competent canal officer and apex committee on problems and issues related to water management within the project area. (3) Where there is no water users’ associations at kulaba level the powers and function thereof shall vest in the water users’ association at minor level and where there is no water users’ association at minor level also the powers and functions of water users’ association at kulaba level shall vest in the competent canal officer. (4) Where there is no water users’ associations at minor level the powers and function thereof shall vest in the water users’ association at distributary level and where there is no water users’ association at distributary level also the powers and functions of water users’ association at minor level shall vest in the competent canal officer. (5) Where there is no water users’ association at distributary level, branch level and project level the powers and function thereof shall vest in the competent canal officer.

(1) A water users’ association shall have powers: - (i) to enter on any land, remove obstructions, close any channel, and do other things necessary for carrying out its functions; (ii) to cut down or/ and clear away any part of any standing crop, fence or bush if it is necessary to carry out its functions; (iii) )to enter into any building or water-course for the purpose of inspecting or regulating the use of canal water, or for measuring the lands irrigated thereby and chargeable with a water rate and to do all things necessary for the proper regulation and management of such canals; (iv) to enter in case of any accident happening or being apprehended to a canal, water users’ association upon any lands adjacent to such canal, and may execute all work which may be necessary for the purpose of preventing such accident: Provided that If a water users’ association proposes to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with canal water, it shall previously give the occupier of such building, court or garden at least seven days’ notice in writing of its intention to do so: Provided further that every case of entry under this section, the water users’ association shall at the time of such entry, tender compensation for any lawful claim of damage which may be occasioned by any proceeding under this section: and in case of dispute as to the sufficiency of the amount so tendered, it shall forthwith refer the same to the competent canal officer for decision. The decision of competent canal officer shall be final. (2) (a) A water users’ association at kulaba, minor or distributary level shall perform the following functions in the area of its operation: - (i) to inform members regarding canal statistics and water use status and invite suggestions, if any, for efficient management of the available water in the general body meeting; (ii) to prepare crop plan as per water budget and soil condition; (iii) to prepare water indent and submit it to immediate upper level water users’ association or competent canal officer, as the case may be; (iv) to receive water from immediate upper level water users’ association or competent canal officer, as the case may be, on volumetric basis and to supply it to its immediate lower level water users’ associations or land-holders in an equitable and transparent manner; (v) to design, implement, regulate and monitor its own water sharing arrangement, in the manner prescribed; (vi) to prepare water budget and maintain water account in such manner as may be prescribed; (vii) to prevent unauthorized irrigation and wastage of water, to ensure timely reporting of offences under section 33 to immediate upper level water users’ association/ competent canal officer, as the case may be, and to cooperate with the investigating agencies; (viii) to prepare and submit crop season wise or annual reports including water audit to general body and to upper level water users’ association or the competent canal officer as the case may be; (ix) to plan, design and implement activities relating to command area development in its area of operation; (x) to assist and participate in such manner as may be prescribed in the process of recording of irrigation and assessment and recovery of water charges; (xi) to prepare inventory of assets in its charge and maintain it with other records in such manner as may be prescribed; (xii) to resolve dispute or difference among its members or lower level water users’ associations; (xiii) to undertake any other activities required for accomplishing the objectives of this Act. (b) A water users’ association at kulaba level shall perform the following additional functions in the area of its operation: - (i) to construct and maintain water courses and field drains; (ii) to distribute available water among land holders. (c) A water users’ association at minor or distributary level shall perform the following additional functions in the area of its operation: - (i) to carry out annual maintenance and repairs of the irrigation system in its charge before commencement of each irrigation season; (ii) to implement special maintenance and repairs of the irrigation system in its charge; (iii) to monitor and coordinate the activities of the lower level water users’ associations. (d) A shakha samiti shall perform the following functions in the area of its operation: (i) to give advice to the lower-level water users’ associations or the competent canal officer, as the case may be, regarding annual maintenance and recovery of previous and current water charges etc; (ii) to prepare and issue a public notice of water budget and preliminary irrigation program for the branch before commencement of each irrigation season considering number of rotations and irrigation interval in consultation with the competent canal officer; (iii) to prepare canal operation schedules in consultation with lower level water users’ associations and the competent canal officer; (iv) to monitor and coordinate the activities of the lower level water users’ associations.; (e) The pariyojana samiti shall give advice to competent canal officer and apex committee on problems and issues related to water management within the project area. (3) Where there is no water users’ associations at kulaba level the powers and function thereof shall vest in the water users’ association at minor level and where there is no water users’ association at minor level also the powers and functions of water users’ association at kulaba level shall vest in the competent canal officer. (4) Where there is no water users’ associations at minor level the powers and function thereof shall vest in the water users’ association at distributary level and where there is no water users’ association at distributary level also the powers and functions of water users’ association at minor level shall vest in the competent canal officer. (5) Where there is no water users’ association at distributary level, branch level and project level the powers and function thereof shall vest in the competent canal officer.

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