Section 52 in The Maharashtra Management of Irrigation Systems by Farmers Act, 2005
52. Powers and Functions of Water Users' Associations.
(1)Every Water Users' Association at any Level shall perform the following functions, namely:-(a)to seek the following information from the Upper Level Association or the concerned Canal Officer, as the case may be, and maintain its record and pass it on to its members,-(i)Applicable Water Use Entitlement of such Association and that of its members;(ii)Number of rotations planned;(iii)Irrigation interval fixed;(b)to collect, check and either sanction or reject partly or fully water applications or water indents of members based on criteria prescribed and unless previous dues are paid, no water shall be supplied to such members;(c)to seek information regarding canal operation schedule from the Upper Level Association or the concerned Canal Officer, prepare detailed water distribution programme or Rotational Water Supply for members before every rotation and ensure volumetric supply to each members as per their entitlement:Provided that, in case of Minor Irrigation Project having only one Water Users' Association, that Water Users' Association itself shall prepare canal operation schedule for the project;(d)to convene a meeting of the Managing Committee before each irrigation season to guide and help the members regarding,-(i)Canal operation schedule and water distribution programme;(ii)public notice to be issued;(iii)maintenance of canal system before commencement of season;(iv)the information about the latest decisions taken by the Upper Level Associations and the Appropriate Authority;(e)to receive Applicable Water Entitlement from the Upper Level Association or the concerned Canal Officer and supply it to the members as per their Water Use Entitlement strictly following principle of tail to head;(f)to maintain rotation wise or season wise Water Account in the prescribed form and to remit to the Canal Officer; the water charges within the prescribed period against the Bills received from the Canal Officer;(g)to regulate and monitor water distribution to the members;(h)to assess water charges payable from the members and send bills in the prescribed form; and to remit to the Canal Officer the water charges within the prescribed period against the bills received from the Canal Officer;(i)to collect prescribed service charges for operation and maintenance from the Lower Level Water Users' Association and to remit its share to the Upper Level Association, or, the concerned canal officer, as the case may be;(j)to carry out annual maintenance and repairs to canal system falling under its jurisdiction;(k)to ensure that, the members maintain their canal system in good condition and they receive agreed maintenance amount in time;(l)to maintain the records as prescribed;(m)to resolve disputes, if any, amongst the members;(n)to raise and utilise resources as mentioned in Chapter V of this Act;(o)to undertake all allied activities related to agriculture;(p)to prepare and submit annual report including the Water Audit and the Audited accounts to General Body;(q)to enable the Government to publish the Annual Irrigation Status Report, furnish to the Canal Officer, the requisite information, as prescribed, in time;(r)to undertake any other activities required to accomplish the objectives of that Water Users' Association.(2)Without prejudice to the generality of the provisions of sub-section (1), the Water Users' Association at Minor Level shall also perform the following functions in its area of operation:-(a)to convene a meeting of the members before each irrigation season to share with them information available regarding water availability and Water Entitlement and invite their suggestions, if any, for efficient management of available water;(b)to recover current water charges and previous dues, if any, from the members;(c)to issue irrigation passes to members whose water applications are sanctioned and unless previous dues are paid, no membership shall be allowed;(d)to prepare water distribution programme or Rotational Water Supply (RWS) for sub-minors, outlets and amongst members within the limits set by canal operation schedule;(e)to implement the Agreement.(3)Without prejudice to the generality of the provisions of sub-section (1), it shall also be the function of a Water Users' Association to send a copy of the bill of the water charges assessed under clause (h) of sub-section (1) to the Canal Officer concerned.(4)Without prejudice to the generality of the provisions of sub-section (1), it shall also be the function of a Project Level Association to assist the Canal Officer in assessment of the water charges for non-irrigation use, which are to be remitted by such users to the Canal Officer.(5)The Project Level Association shall also perform the following functions, in addition to the functions under sub-section (1), namely:-(a)to prepare water budget or preliminary irrigation programme for project before commencement of each irrigation season and determine Applicable Water Entitlement, number of rotations and irrigation interval in consultation with the concerned Canal Officer;(b)to assist the concerned Canal Officer in assessment of water charges for Lift Irrigation Water Users' Association on reservoirs and non-irrigation use, which are to be remitted by such users to the Canal Officer;(c)to obtain and use area capacity table or curve of reservoir and discharge tables of Head Regulators of canals.(6)Without prejudice to the generality of the provisions of sub-section (1), the Lift Irrigation Water Users' Association shall also perform the following functions, namely:-(a)to give guidance to members regarding the crops and the areas to be irrigated in a season considering Applicable Water Use Entitlement, number of rotations and irrigation interval;(b)to receive measured volume of water from the concerned Canal Officer and to supply it to the members.(7)The Water Users' Association for giving its water quota, by consent of all the members, may enter into an annual tri-partie (Water Users' Association, Canal Officer and Private bodies of Company) agreement, as prescribed, so as to enable the private body or company to ensure increased agricultural production for the common interest of the members in the command area.
