(1) The occupiers of the whole of the lands supplied or proposed to be
supplied with water obtained by means of a joint water supply scheme, and,
where the land or lands on which the scheme is or is to be constructed is not
in the occupation of one or more of those occupiers, the occupier of that land
or, as the case may be, the occupiers of those lands, may apply to the
Ministerial Corporation for an authority to construct and use the scheme and
to take and use, for the purposes specified in the application, the water
which may be conserved or obtained by the scheme.
(2) The application shall
be in or to the effect of the prescribed form and shall be accompanied by the
prescribed deposit as security for the cost of investigation and inquiry in
connection with the application, and such deposit may be applied by the
Ministerial Corporation in payment or part payment of the fee payable by the
applicants in respect of the authority.
In the event of the application being withdrawn or abandoned such deposit or
any part thereof may in the discretion of the Ministerial Corporation be
retained by it.
The application shall also be accompanied by:
(a) particulars as to the means
(by gravitation, pumping or otherwise) by which water is to be taken from the
river or lake, and of any channel, flume, pipe, conduit or other work in which
water is to be conveyed to the land of each applicant to whom it is proposed
to supply water obtained by means of the joint water supply scheme,
(b) a
plan showing the land occupied by each applicant, the location of the means by
which water is to be taken from the river or lake, the location of any
channel, flume, pipe, conduit or other work in which water is to be so
conveyed, and the location of any bridge, culvert, syphon, check, regulator or
other structure or work to be provided, and if the work is for the purpose of
irrigation the location of the areas proposed to be irrigated within the land
of each applicant to whom it is proposed to supply water obtained by means of
the scheme,
(c) particulars of the purpose or purposes for which the water is
to be used,
(d) if the work is for the purpose of irrigation particulars of
the area proposed to be irrigated within the land of each applicant to whom it
is proposed to supply water obtained by means of the scheme and of the total
of such areas and particulars of the class or classes of crops proposed to be
irrigated,
(e) particulars of the maximum rate at which water may be taken
from the river or lake,
(f) particulars of the estimated quantity of water
proposed to be taken annually,
(g) particulars of the quantities of water
proposed to be delivered annually to the land of each applicant to whom it is
proposed to supply water obtained by means of the scheme, the rates and times
of such deliveries, and of any other matters affecting the apportionment of
the water between the several applicants to whom it is proposed to supply
water so obtained as may be appropriate,
(h) where the applicants or any two
or more of the applicants have entered into an agreement, either between
themselves or between themselves and any other person, in respect of the
scheme, a copy of that agreement,
(i) particulars of any moneys paid or
proposed to be paid to any person in respect of the supply of water and the
occupancy or transfer of any land because of or in connection with the scheme,
(j) particulars of the proposals of the applicants in respect of the
arrangements to be entered into between them for the provision, construction,
operation, maintenance and renewal of the works and the provision and payment
of money for those matters.
(2A) The prescribed deposit referred to in
subsection (2) is not payable in the case of an initial authority in respect
of an existing work.
(3) A reference in subsection (1) to an occupier of land
includes a reference to a person who proposes to obtain the right to occupy
that land.
