Limits on use of water from natural source
95 Limits on use of water from natural source
A holder of an authority to prospect or a lessee who proposes to take water from any natural source under this Act shall—
take all steps to ensure that no water is lost during such taking; and
take only such quantity of water as is properly required for his or her purpose in question;
to the intent that there shall be left in such source sufficient water to satisfy the reasonable requirements of other persons who may lawfully take water from such source.
If any dispute arises in respect of the taking of water from such a source any party to the dispute may refer the issue to the Land Court.
The jurisdiction of the Land Court in respect of such a dispute includes jurisdiction to determine—
the quantity of water to be respectively taken from the source in question by the parties to the dispute or any of them;
the time and the manner of taking such water by any party to the dispute.
When the Land Court has made a determination in respect of either of the matters referred to in subsection (3)(a) or (b) the parties to the dispute who are affected thereby shall comply in all respects with such determination.
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