Land Act, 1931

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Powers of Land Commission to confer water-rights.

38.—(1) Where there is on any land sold or agreed to be sold under the Land Purchase Acts a well, stream, pond, lake, or other water (hereinafter referred to as a water-source) the Land Commission may, if in their opinion it is necessary or expedient so to do for the benefit of other lands so sold or agreed to be sold, make orders—

(a) granting to and conferring on such persons for the benefit of such lands as the Land Commission shall think fit rights (hereinafter referred to as water-rights) to take water from such water-source for use on such lands for domestic or farming purposes; and

(b) providing for persons to whom such water-rights are so granted, rights of access to such water-source for the purpose of exercising such water-rights; and

(c) providing for the payment by persons to whom such water-rights are granted of compensation for such water-rights to the owner of such water-source or of the land over which such right of access is granted and fixing the amount of such compensation.

(2) Where the compensation payable under this section to the owner of a water-source or of the land over which such right of access is granted does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that for not less than six years immediately preceding the date of the order fixing the amount of such compensation he and his predecessors in title (if any) have been in actual occupation of the land on which such water-source is situate or such right of access granted or in receipt of the rents and profits of such land.

(3) In making an order under this section the Land Commission shall have due regard to the reasonable requirements of the owner of the water-source to which such order relates and of other persons having rights in respect of such water-source.