27 of 1991

12th October, 1991

An Act to provide in the interest of the general public for the protection and preservation of irrigation in irrigable areas of the Cauvery basin in Karnataka dependent on the waters of Cauvery river and its tributaries. Whereas, it is expedient to provide in the interest of the General public for the protection and preservation of irrigation in the irrigable areas of the Cauvery basin in Karnataka dependent on the water of Cauvery river and its tributaries. Be it enacted by the Karnataka State Legislature in the Forty-second year of the Republic of India as follows

Section1 Short title, extent and commencement

(1) This Act may be called the Karnataka Cauvery Basin Irrigation Protection Act, 1991.

(2) It extends to the whole of the State of Karnataka.

(3) It shall be deemed to have come into force on the twenty-fifth day of July, 1991.

Section2 Definitions

In this Act unless the context otherwise requires:

(a)"Cauvery basin" means the basin area of the Cauvery river and its tributaries lying within the territory of the State of Karnataka;

(b)"Irrigable areas" means the areas specified in the schedule;

(c)"Schedule" means the schedule annexed to this Act;

(d)"Water year" means the year commencing with the 1st day of June of a calendar year and ending with the 31st day of May of the next calendar year.

Section3 Protection of irrigation in irrigable areas

(1) It shall be the duty of the State Government to protect, preserve and maintain irrigation from the waters of the Cauvery river and its tributaries in the irrigable areas under the various projects specified in the schedule.

(2) For the purpose of giving effect to sub-section (1) the State Government may abstract or cause to be abstracted, during every water year such quantity of water as it may deem requisite, from the floor of the Cauvery river and its tributaries, in such manner and during such intervals as the State Government or any officer, not below the rank of an Engineer-in-Chief designated by it, may deem fit and proper.

Section4 Overriding effect of the Act

The provisions of this Act and of any rules and orders made there under shall have effect notwithstanding anything contained in any order or report or decision of any Tribunal (whether made before or after the commencement of this Act). Save and accept a final decision under the provisions of sub-section (2) of Section 5 read with Section 6 of the Inter-State Water Disputes Act, 1956.

Section5 Power to remove difficulties

Is any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order as occasion requires, do anything (not inconsistent with the provisions of this Act) which appears to be necessary for the purposes of removing the difficulty.

Section6 Power to make rules

(1) The State Government may, by notification in the Official Gazette make rules to carry out the purposes of this Act.

(2) Every rule or order made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in Session for a total period of thirty days which may be comprised in one Session or in two or more Sessions and if before the expiry of the said period, either House of the State Legislature makes any modifications in any rule or order or directs that any rule or order shall have no effect, and if the modification or annulment is agreed to by the other House, such rule or order shall there after have effect only in such modified form or be of no effect, or the case may be, so however, that any such modification or annulment shall be without prejudice to the va'lidity of any thing previously done under that rule or order.

Section7 Repeal and Savings

(1) The Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991 (Karnataka Ordinance No. 4 of 1991) is hereby repealed.

(2) Notwithstanding each repeal anything done or any action taken under the said Ordinance shall be deemed to have done or taken under this Act.

SCHEDULE 1 SCHEDULE IRRIGABLE AREAS IN CAUVERY BASIN OF KARNATAKA

IRRIGABLE AREAS IN CAUVERY BASIN OF KARNATAKA

SI. No.

Name of the Project

Irrigable area (1000 hectares)

1

2

3

1.

Anicut Channels

77.1

2.

Krishnaraja Sagara

79.3

3.

Kanva

2.0

4.

Byramangla

1.6

5.

 Marconahalli

 6.1

6.

 Hebbahalla

 1.2

7.

 Nugu

 10.5

8.

 Chikkahole

 1.7

9.

 Mangala

 0.8

10.

 Suvarnavathy

 2.0

11.

 Gundal

 4.0

12.

 Nallur Amanikere

 1.3

13.

 Kamasamudra Lift Irrigation Scheme

 3.1

14.

 Hutchanakoppalu Lift Irrigation Scheme

 2.3

15.

 Hemavathy

 283.6

16.

 Votohole

 7.5

17.

 Yagachi

 21.5

18.

 Kabini

 87.9

19.

 Harangi

 54.6

20.

 Chiklihole

 1.7

21.

 Manchanabele

 3.8

22.

 Taraka

 7.0

23.

 Arakavathy

 8.6

24.

 Iggalur

 4.0

25.

 Shri D. Devaraj Urs (Varuna) Canal

 32.4

26.

 Uduthorehalla

 9.3

27.

 Modernisation of Krishnarajasagara

 2.0

28.

 Minor Irrigation

 135.0

Total

 849.70