(1) Every application for permission to abstract water shall be submitted to the authorized officer in Form No.1 accompanied by a fee of Rupees 5 (five only) to be paid by means of treasury chalan remitted in the Head of Account “0701-80-Gen-other receipts – 103-sale of water for other purpose.
(2) On receipt of an application under sub-rule (1), the authorized officer shall call for a detailed report from the Irrigation Officer within 30 days of such receipt and thereafter on the basis of the report and after due enquiry, he may grant or refuse to grant permission, by a speaking order, within 30 days of receipt of the report.
(3) The report of the Irrigation Officer shall among other details, if any, contain the following details, namely:-
(a) whether the applied quantity of water(or any less quantity of water than applied for) would be available for abstraction through out the agreement period after ensuring that the riparian rights to the downstream stakeholders are satisfied based on hydrological data;
(b) whether any drinking water project would be adversely affected if water is allowed to be abstracted;
(c) whether any irrigation work would be adversely affected if water is allowed to be abstracted;
(d) whether the ecology, environment, or natural resources would be adversely affected if water is allowed to be abstracted;
(e) whether in his opinion, permission to abstract water may be granted or refused in light of the above;
(f) if permission can be granted upon complying with any special conditions, the conditions thereof;
(g) if permission can be granted, the quantity of water that may be allowed to be abstracted during different periods or spells of the agreement;
(h) if permission should not be granted, the specific reasons thereof.
(4) Where permission is granted, the applicant shall execute an agreement with the authorized officer, in the format in schedule 1.
(5) The agreement executed shall be valid for a period of one year subject to the terms and conditions of the agreement.
(6) The Irrigation Officer shall submit at the end of every three months, after executing the agreement, a report containing the details specified in sub-rule (3) to the authorized officer for taking a decision on the continuance of permission to abstract water.
(7) It shall be the duty of the Irrigation Officer to ensure that no person or agency abstracts water from a water course except in accordance with the Act, rules, and the terms and conditions of the agreement and he shall be liable for any default.]
1. Substituted by G.O(P) No.1/2018/WRD dated 18th February, 2018, S.R.O No.125/2018.
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(4) Where permission is refused, it shall be communicated to the applicant showing the reasons for such refusal in writing.
(5) Where the permission is granted an undertaking or agreement shall be executed by the applicant as to the terms and conditions for abstraction of water.
4.Appeal,—(1) Any person or agency aggrieved by an order refusing to grant permission under 1[sub-rule (2)] of rule 3 may, within a period of 60 days from the date of receipt of such order, prefer an appeal to the Collector of the District.
(2) The appeal shall be in the form of a memorandum setting forth concisely the grounds for objection to the order, which is the subject of the appeal, and shall be accompanied by the original or certified copy of that order. The memorandum of appeal shall be submitted in duplicate.
(3) A fee of rupees one hundred shall be paid by means of a treasury chalan in respect of each appeal.