31. In absence of written contract, water supply to be subject to rules. - In
the absence of a written contract, or so far as any such contract does not extend,
every supply of canal water shall be deemed to be given at the rates and subject
to the conditions prescribed by the rules to be made by the State Government.
32. Conditions as to. - Such contracts and rules must be consistent with the
following conditions :-
(a) Power to Stop Water Supply. - The Divisional Canal Officer may not stop
the supply of water to any water-course or to any person except in the
following cases :-
(1) Whenever and so long as it is necessary to stop such supply for the
purposes of executing any work ordered by competent authority and
with the previous sanction of the State Government;
(2) whenever and so long as any water-course is not maintained in such
proper customary repair as to prevent the wasteful escape of water
therefrom;
(3) within periods fixed from time to time by the Divisional Canal Officer.
(b) Claims to compensation in case of failure or stoppage of supply. - No
claim shall be made against the State Government for compensation in
respect of loss caused by the failure or stoppage of the water in a canal, by
reason of any cause beyond the control of the State Government, or of any
repairs, alterations or additions to the canal, or of any measures taken for
regulating the proper flow of water therein or for maintaining the
established course of irrigation which the Divisional Canal Officer considers
necessary; but the person suffering such loss may claim such remission of
the ordinary charges payable for the use of the water as is authorised by
the State Government;
(c) Claims on account of interruption from other causes. - If the supply of
water to any land irrigated from a canal be interrupted otherwise than in the
manner prescribed in the last preceding clause, the occupier or owner of
such land may present a petition for compensation to the Collector for any
loss arising from such interruption, and the Collector may award to the
petitioner reasonable compensation for such loss;
(d) Duration of supply. - When the water of a canal is supplied for irrigation of
a single crop, the permission to use such water shall be held to continue
only until that crop comes to maturity, and to apply only to that crop; but if it
be supplied for irrigating two or more crops to be raised on the same land
within the year, such permission shall be held to continue for one year from
the commencement of the irrigation, and to apply to such crops only as are
matured within that year;
(e) Sale or subletting of right to use canal water. - Unless with the permission
of the Superintending Canal officer, no person entitled to use the water of
any canal, or any work, building or land appertaining to any canal, shall sell
or sublet or otherwise transfer his right to such use :
Provided that the former part of this clause shall not apply to the
use, by a cultivating tenant of water supplied by the owner of a watercourse for the irrigation of the land held by such tenant;
(f)Transfer, with land, of contracts for water. - But all contracts made between
the State Government and the owner or occupier of any immovable
property, as to the supply of canal water to such property, shall be
transferable therewith and shall be presumed to have been so transferred
whenever a transfer of such property takes place;
(g)No right acquired by user. - No right to the use of the water of a canal shall
be or be deemed to have been acquired under the Indian Limitation Act,
1887, Part IV, nor shall the State Government be bound to supply any
person with water, except in accordance with the terms of a contract in
writing.