Section 99 in Bombay Irrigation (Gujarat Amendment) Act, 1976
99. Regulation of use of water.- (1) No holder of agricultural land in which there is a tubewell, artesian well or borewell, exceeding forty-five metres in depth shall allow any water from such well to be used for a purpose other than for the purpose of agriculture or of drinking or to be wasted either through leaky casing, pipe fittings, valves or pumps either above or below the surface or on account of any other reason whatsoever:
Provided that such holder may allow water from such well to be used for any purpose other than for the purpose of agriculture or of drinking if the Regional Canal Officer, subject to any general or special order made by the State Government, by order permits the use of water for such purpose.(2)If in the opinion of the Regional Canal Officer water from any tube well, artesian well or borewell exceeding forty-five metres in depth, is used for a purpose other than for the purpose of agriculture or of drinking, without the order of the Regional Canal Officer, or is wasted, he may, after giving the holder of the agricultural land in which such well is situated a notice of not less than thirty days, by order require him to close or seal off the well at his expense and in such manner as the Regional Canal Officer may specify in such order and the holder of such agricultural land shall comply with such order.(3)Where any holder of agricultural land fails to comply with any order made under sub-section (2), the Regional Canal Officer may, after giving the holder of the agricultural land due notice in that behalf, enter upon the land and close or seal off the well and the cost incurred therefor shall be recoverable from the holder as an arrear of land revenue.
