Jammu and Kashmir Water Resources (Regulation And Management) Act, 2010

No: 21 Dated: Oct, 25 2010

JAMMU AND KASHMIR WATER RESOURCES (REGULATION AND MANAGEMENT) ACT, 2010

(Act No. XXI of 2010)

    An Act to consolidate the law relating to use of water, the measurement, construction, control and management of works with respect to water storage, conservation and protection, the irrigation, water supply, drainage, flood control and prevention, the improvement in the flow of water, the protection and improvement in the physical integrity of water courses, lakes and springs, the safety and surveillance of dams, the, establishment of the State Water Resources Regulatory Authority for regulating' resources, ensuring judicious, equitable and sustainable management, allocation and utilization of water resources, fixing the rates for use of water and matters connected therewith or incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title and commencement - (1) This Act may be called the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.

(2) It shall come into force form such date as the Government may by notification in the Government Gazette appoint:

Provided that different dates may be appointed for different provisions or chapters of this Act.

2. Definitions - In this Act, unless the context otherwise requires, -

(a) "Act" means the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010;

(b) "Authority" means the J&K State Water Resources Regulatory Authority established under section 139 of the Act;

(c) "Assistant Executive Engineer" means an Assistant Executive Engineer in-Charge of the concerned wing of PHE, Irrigation and Flood Control Department exercising control over a sub-division of an irrigation, flood control, hydraulic work or ground water;

(d) "bed material" mean all kinds of material which is extracted from the bed of any water source in any form;

(e) "beneficiary" means a person who derives benefits from the usage of water for drinking purposes, irrigation, drainage, generation of electricity or extraction of bed material from any water source, navigation or any other direct or indirect usage;

(f) "category of use" means use of water for different purposes such as for, generation of electricity, running of water mills, agricultural, irrigation, horticulture, drinking water (domestic, industrial or commercial), navigation and institutional use etc.;

(g) "communication pipe" means any pipe or system of pipes, along with all fittings thereto, by means of which water is supplied to any user, licensee, premises, habitation, village or area from the main and includes a connection pipe, service pipe, meter or other fittings;

(h) "connection pipe" means any water pipe from a ferrule to stopcock connecting the main with the service pipe;

(i) "consumer" means any person getting the benefit of water supply provided by the Government or any local body or licensee, as the case may be;

(j) "culturable command area" means all lands which are fit for cultivation under irrigable command of irrigation work;

(k) "dam" means works that include a barrier whether perm temporary which has the potential of impounding controlling water for multipurpose projects or schemes like generation of electricity, irrigation or an other use;

(l) "drainage works" include

(i) channels, either natural or artificial, for the discharge of wast or surplus water, and all works connected with or auxiliary channels;

(ii) escape channels from an irrigation work, dam, weir, embank flood embankment, sluice, groin and other works connected there-,, with, but does not include works for the removal of sewage;

(iii) any work in connection with a system of reclamation constructed or maintained by the Government for the purpose of drainage of an area; and

(iv) all field drains;

(m) "drinking water" means water for consumption or use by human population for drinking or other domestic purposes, which shall include

(i) consumption or use of water for cooking, bathing, washing, cleansing and other day-to-day activities; and

(ii) water meant for consumption by the livestock;

(n) "electricity" means electrical energy generated by way of usage of water from any water source flowing within the territory of the State;

(o) 'embankment" means and includes every bank, dam, wall and dyke made or used for retaining water upon any land, every sluice, spur, groyne, training wall or other work annexed to, or portion thereof made or erected for the protection of any such embankment, or of any land, from erosion or over flow by, or of, any water source, tide or wave and also all buildings and roads, intended for purpose of inspection and super7 xi of such embankments;

(p) "Executive Engineer" means the Executive Engineer of the concerned wing of PHE, Irrigation and Flood Control Department exercising control over a division of PHE, Irrigation, Flood control, hydraulic work or ground water;

(q) "field channel" means a channel, and everything appurtenant to it, constructed by any owner or occupier or beneficiary, or by the Government on their behalf and at their cost, to serve the various fields within a block and includes existing water channels constructed or maintained by the owners or occupiers or beneficiaries;

Explanation:- "existing" means existing at the time of the commencement of the Act;

(r) "Filed drain" includes the drains, escape channels and other similar works constructed and maintained by the owners or occupiers or beneficiaries or by the Government on its own cost or on behalf, and at the cost, of such owners or occupiers or beneficiaries;

(s) "flood basin" means the area which is required for carrying the flow of the floods;

(t) "flood embankment" means any embankment constructed or maintained by the Government in connection with any system of irrigation or reclamation works for the protection of lands and other infrastructure form inundation or which may be declared by the Government to be maintained in connection with any such system, and includes all groynes, spurs, dams and other protective works connected with such embankment;

(u) "flood water" means water overflowing or erupting or that has overflowed or erupted from a water source onto, or over, land or built up area which is not submerged when such water source flows between, or is contained within, its bed and banks;

(v) "Government" means the Government of the State of Jammu and Kashmir;

(w) "hydraulic works" include

(i) all reservoirs, tanks, dams, weirs, canals, barrages, channels, domestic or commercial water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices, gates, outlets, washouts, pumping installations, flood embankments or other flood protection works constructed, maintained or controlled by the Government for the usage or storage of water;

(ii) all works, embankments, structures, control structures including outlets, supply and escape channels connected with such reservoirs, tanks, dams, weirs, canals, barrages, channels, domestic or commercial water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices, gates, outlets, washouts, pumping installations, and all roads constructed for facilitating the construction or maintenance of such reservoirs, tanks dams, weirs, canals, barrages, channels, domestic or commercial water supply works, pipes, ponds, spring ponds, spring channels, aqueducts, sluices and pumping installation;

(iii) all drainage works, flood embankments, other flood protection works, wells, water courses and field channels;

(iv) all lands held by the Government for the purpose of such reservoirs, tanks, dams, weirs, canals, barrages, channels, domestic water supply works pips, ponds, spring ponds, spring channels, aqueducts, sluices, pumping installation and all buildings, machinery, fences, gates and other erections upon such lands;

(v) zamindari khuls; and

(vi) all lands, roads, cross drainage, catch water drains, pillars, boundary pillars, reference pillars, buildings, machinery, fences, gates other erections, trees, crops, plantations or other produce occupied by and belonging to Government for the purposes of irrigation works.

(x) "head works" mean the work relating to construction of any dam, weir, barrage or reservoir and all works appurtenant thereto, channel, structure, building, well, bore, tunnel or machinery used for, or in connection with, the storage, control, conveyance or distribution of water for different purposes;

(y) "land under irrigable commands" means such lands as are irrigated or capable of being irrigated by flow or lift from any hydraulic work being under its command and shall include also such cultivated land which received, in the opinion of the Assistant Executive Engineer concerned, by percolation or otherwise from an hydraulic work or by indirect flow, percolation or drainage from, or through, adjoining land advantage beneficial to the crop;

(z) "licensee" means an person, group of persons, firm, corporation, company, society, board, local body, Government Department or any other authority authorised under section 97 of the Act to avail the facility of usage of water from any source, or extraction of bed material with location thereof, within the State;