39. Power to fix the limits of irrigation and water-rates and to regulate the distribution of water.
- The [State Government] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may, after inquiry through the Collector, in respect of any canal, issue orders as to all or any of the following things, namely:-(a)fixing the limits within which land may be irrigated from such canal;(b)fixing, as it may deem equitable, the amount and character of the water-rates leviable by the owner, and the conditions on which such rates are to be paid, suspended, remitted or refunded;(c)regulating the supply and distribution of the water to and from such canal :Provided that if any land which has been continuously irrigated from the canal for three years previously is deprived of irrigation, or the income of the canal-owner from such canal is materially reduced by reason of any orders passed under this section, the owners of such land or the canal- owner shall be paid by Government or by such persons as Government may determine such compensation as the Collector may consider reasonable :Provided further that, if the canal-owner has in the opinion of the [State Government] exercised his powers as such in an arbitrary or inequitable manner, he shall not be entitled to compensation under this section.
