Section 18 in The U.P. Participatory Irrigation Management Act, 2009
18. Agreement between the Government and water users' association and between water users' associations.
(1)For the purpose of supply of bulk water to the water users' associations and related issues, the distributary level water users' association shall enter into an agreement with the Irrigation Department m such manner as may be prescribed. Every other lower level water users' association shall enter into similar agreement with its immediate upper level water users' association.(2)In the absence of a written agreement, or non-renewal of any existing agreement, every supply of canal water shall be deemed to be given at the rates and subject to the conditions laid down by the State Government or the competent authority so designated for the purpose.(3)No right to the use of the water from a canal shall be, or be deemed to have been acquired, nor shall the Irrigation Department/water users' association, as the case may be, be bound to supply to any water users' association/landholder with available water except in accordance with the terms and conditions of the agreement.(4)The competent canal officer or the water users' association, as the case may be, shall not stop the supply of water to a lower level water users' association or a landholder except in the following cases:-(i)whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered and sanctioned by the competent canal officer;(ii)whenever and so long as a canal or water course is not maintained in such proper shape and repair is necessary to prevent wasteful escape of water therefrom;(iii)within such period as may be fixed from time to time by the competent canal officer;(5)(i)No water users' association shall sell or sublet or otherwise affect its function of water distribution.(ii)No water users' association shall be entitled to sell or sublet or otherwise affect the right to use any work, building or land allotment to any canal.(iii)if it is found that the managing committee of a water users' association is unable to perform its functions, then the competent canal officer shall assist it and try to strengthen it to enable it to perform its functions. If the managing committee fails to perform even after such assistance the competent canal officer may initiate its dissolution and constitution of a new managing committee in such manner as may be prescribed.
