(1) Any person desiring that an existing water course should be transferred from its present owner to himself may apply in writing to the Divisional Irrigation Officer, stating -
(i) that he has endeavored unsuccessfully to procure such transfer from the owner of such water course;
(ii) that he desires the said irrigation officer, in his behalf and at his cost, to do all things necessary for procuring such transfer;
(iii) that he is able to defray the cost of such transfer.
(2) If the Divisional Irrigation Officer considers -
(a) that the said transfer is necessary for the better management of irrigation from such water course; And
(b) that the statements in the application are true,
he shall call upon the applicant to make such deposit as the Divisional Irrigation Officer considers necessary to defray the cost of the preliminary proceedings and the amount of any compensation that may become due under the provisions of section 28 in respect of such transfer; and upon such deposit being made, he shall publish a notice of the application in every village.