89D. Obligation of person owning or using private water-course.
(1)Every permanent holder owning or using private water-course, shall-(a)construct and maintain to the satisfaction of the Executive Engineer all works which, in the opinion of the Executive Engineer, are required for the passage of water or traffic across the aforesaid private water-course or of water-course existing previous to its construction and of drainage intercepted by such private water-course, and for affording proper communication across it for the convenience of the neighbouring lands;(b)maintain the water-course in proper repair so long as it is an area under an agreement or in a compulsorily assessed area;(c)allow its use in the manner and to the extent provided by Section 89-C.(2)If at any time the Executive Engineer considers in respect of a water-course referred to in sub-section (1) that the works mentioned in clause (a) of that sub-section have not been constructed or maintained or that the water-course is not in proper repair as required by clause (b) thereof-(a)he may, by a notice served upon the persons liable under sub-section (1) require that the construction or repairs be made to his satisfaction on or before a specified date; and(b)if the construction or repairs are not made to his satisfaction by such date he may stop the supply of water to the water-course; or(c)he may cause the construction and repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders owning or using the water-Course in proportion to the areas held by them in the land which is ordinarily irrigated through the water-course.
