(1) Whenever,— 1[(a) x x x]1
1. Omitted by Act 18 of 1965 w.e.f. 11.11.1965.
(b) 1[water is supplied, made available or used for purposes of irrigation or any other purpose]1 from any work belonging to, or constructed by, or on behalf of the Government; and
1. Substituted by Act 8 of 1964 w.e.f. 27.2.1964.
(c) water from any such work, by direct flow or percolation or by indirect flow, percolation or drainage from or through adjoining land irrigates any land under cultivation or flows into a reservoir and thereafter, by direct flow or percolation or 12 by indirect flow, percolation or drainage from or through adjoining land irrigates any land under cultivation and, in the opinion of the 1[Deputy Commissioner]1 such irrigation is beneficial to and sufficient for the requirements of crop on such land,
1. Substituted by Act 23 of 1961 w.e.f. 16.11.1961.
1[(d) water supplied or made available to the Government by the authority established under section 66 of the Andhra State Act, 1953, is supplied, made available or used for purposes of irrigation or any other purpose.]1 the Government shall be entitled to levy a separate charge for such water hereinafter referred to as water rate and 2[the Government may prescribe the rates at which such water rates shall be levied, which may be,—
(i) different in respect of water supplied made available or used for different purposes;
3[(ii) different in respect of water supplied, made available or used from different irrigation works, and when water is supplied, made available or used for irrigation of any land, with or without reference to the crop or crops grown or which may be grown on such land;]3
(iii) in lieu of water rate, if any, payable under any other law;
and the manner in which and the authority by which the amount of water rate levied shall be determined.]2
1. Inserted by Act 8 of 1964 w.e.f. 27.2.1964.
2. Substituted by Act 8 of 1964 w.e.f. 27.1.1964.
3. Substituted by Act 18 of 1965 w.e.f. 11.11.1965.
1[Proviso x x x]1
1. Omitted by Act 23 of 1961 w.e.f. 16.11.1961.
1[Provided that if in any area or areas water is supplied or made available from any irrigation work by or on behalf of the Krishna Bhagya Jala Nigam Limited 2[or Karnataka Neeravari Nigam Limited]2 3[or Cauvery Neeravari Nigam Limited or any other body or Corporation established by the State Government for this purpose]3 (hereinafter called as Nigam) the water rates shall be levied and collected by the said Nigam in such area or areas.]1
1. Inserted by Act 21 of 1995 w.e.f. 1.7.1997 by notification text of the notification is at the end of the Act.
2. Inserted by Act 8 of 2002 w.e.f. 13.11.2001.
3. Inserted by Act 29 of 2010 w.e.f.27.07.2010.
1[(1A) Notwithstanding anything contained in sub-section (1), the 2[Government or Nigam, as the case may be may supply]2 or make available water for the purpose of irrigation, to water users societies registered under the Karnataka Co-operative Societies Act 1959 (Karnataka Act 11 of 1959) 4[or Water Users Associations registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960)]4 3[x x x]3 and the 2[Government or the Nigam, as the case may be, shall levy]2 and collect from such societies 4[or such Association]4 the water rates, on volumetric basis. The Government may prescribe the rate at which such water rates shall be levied and the manner in which and the authority by which the amount of water rate levied shall be determined.
Such societies 4[or such Association]4 may supply water to farmers and collect water charges from the individual farmers.
13
1. Subsection (1A) and (1B) inserted Act 16 of 1995 w.e.f. 16.5.1995.
2. Substituted by Act 21 of 1995 w.e.f. 1.7.1997.
3. Omitted by Act 24 of 2000 w.e.f. 14.6.2000.
4. Inserted by Act 9 of 2002 w.e.f. 25.2.2002.
(1B) Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) 1[or Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960)]1 2[x x x]2 Government may issue direction from time to time for the purpose of implementing the provisions of sub-section (1A), to ensure equitable distribution of water and efficient collection of 3[water charges]3 which shall be binding on the water users societies.]1 1[or as the case may be Water Users Association]1
1. Inserted by Act 9 of 2002 w.e.f. 25.2.2002.
2. Omitted by Act 24 of 2000 w.e.f. 14.6.2000.
3. Substituted by Act 24 of 2000 w.e.f. 14.6.2000.
1[(2) x x x]1
1. Omitted by Act 8 of 1964 w.e.f. 27.2.1964.
(3) The amount of water rate 1[or the water charges, as the case may be]1 shall be recoverable in the same manner as arrears of land revenue due on the land.
1. Inserted by Act 24 of 2000 w.e.f. 14.6.2000.
1[10-A. Application of this Act to the Tungabhadra Project.- The provisions of this Act relating to the levy of water rate shall be applicable in respect of any water stored, consumed, distributed or sold by the authority established under section 66 of the Andhra State Act, 1953 (Central Act 30 of 1953):
Provided that no rule or order for the fixation of the water rate and other incidents in respect of such water rate shall be made except with the previous consent of the President of India.]1
1. Inserted by Act 23 of 1961 w.e.f. 16.11.1961.