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State of Tamilnadu - Section

Section 3 in Tamil Nadu Farmers' Management of Irrigation Systems Rules, 2002

3. Delineation of Water Users Association Area.

(1)The Collector shall first declare in Form-I the entire command area of all the irrigation systems under the management of Water Resources Organisation of Public Works Department, lying within the district limit, based on the over all individual system's hydraulic boundaries as "Water Users Association Area".
(2)Detailed ayacut maps of individual Water Users Associations identified within the declared Water Users Association area of each irrigation system as per sub-sections (1) and (2) of section 3 of the Act shall be prepared in order to facilitate final delineation by the District Collector based on hydraulic boundaries, clearly indicating the boundaries of the Territorial Constituencies.
(3)The Collector shall delineate the area of operation of the Water Users Association, in the command area of each irrigation system within the district on a hydraulic boundary basis. Such delineation shall be published in the Form specified in Form-II, appended to these rules:Provided that the Collector may, either suo motu or on application made to him, revise or rectify the delineation published in Form-II duly recording the reasons therefor. The Collector shall cause to be prepared for each irrigation system delineated maps or sketches indicating -
(i)the canal system like main canal, branch canal, distributaries and field channels along with the related structures in the command area, village boundaries, the drains, ayacut roads; and
(ii)list of survey number-wise area irrigated or planned to be irrigated under each branch canal, distributory and field channel and irrigation tanks.
(4)
(a)Every Water Users Association shall have the name of a village as its distinct name in which the major extent of the ayacut is situated or any other name as decided by the concerned members of the Water Users Association based on consensus. If there is more than one association in a village, then, such association shall be called by adding numerals to the distinct name. In case of irrigation tanks, the Water Users Association may be named by the name of the tank, if decided by the ayacutdars by consensus.
(b)The area of operation for each Water Users Association shall be served by a distinct segment of the irrigation system and with a control structure or a mechanism at its head for supply of allocated or designed quantity of water for that operation area.
(c)Such delineated area may have a branch canal, or a major distributory divided into suitable reaches based on hydraulic boundary one or more distributaries or direct sluices or a combination thereof serving its command. It shall also have a distinctly demarcated boundary which could be a drain, or a bund or an uncommandable land.
(d)
(i)In case of major and medium irrigation systems, such delineated Water Users Association areas shall be more than one.
(ii)[ In case of minor irrigation systems, especially irrigation tanks, the minimum area for a Water Users Association may be maintained as 40 hectares and above keeping the area under each territorial constituency according to site conditions based on hydraulic boundaries.] [Substituted by G. O. Ms. No. 657, Public Works Department, dated the 15th December 2003.]
(iii)[Omitted by G. O. Ms. No. 657, Public Works Department, dated the 15th December 2003.]
(e)The area of operation of the Water Users Association shall, as far as possible, be within the limits of a village or contiguous villages situated within a taluk so as to ensure administrative viability. In exceptional cases, the Water Users Associations area may be extended to more than one taluk or district.
(5)The Collector shall have a command area map or sketch prepared dividing each of the Water Users Association area as far as possible equally divided into not exceeding ten territorial constituencies.
(6)The maps or sketches mentioned in sub-rule (3) shall be displayed together with details of survey numbers of the lands, situated in each of such territorial constituency prescribed on the notice board of the Village Panchayat and the Panchayat Union for information of the land holders.
(7)Objections or suggestions, if any, against the delineation of Water. Users Association area or the division of territorial constituencies, shall be filed, by the landholders in the area of operation, before the Collector within a period of seven days excluding the date of display.
(8)On the receipt of the objections or suggestions, the Collector shall, within two weeks after conducting a summary enquiry, make such changes or modifications as considered necessary in the maps or sketches duly recording reasons thereof, and his decision shall be final.
(9)A final map or sketch shall, immediately, be caused to be displayed in the office of the Village Panchayat and Panchayat Union by the Collector.
(10)Wherever the area of operation of a Water Users Association falls in more than one district, the Commissioner may direct the Collector of one district to exercise the powers and perform the functions of the Collector in such areas.