Irrigation Clauses Act 1973
30Surplus water
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30 Surplus water
(1) Where water is made available as mentioned in section 28 (b) , the undertakers may discharge water –
(a) that has reached the lowest part of any of its channels; or
(b) that must be discharged to relieve or save from harm any of its channels –
into a stream, lake, or dry watercourse or over land, making full compensation for damage thereby done.
(2) Where damage is done partly by a discharge of water authorized by this section and partly by water flowing naturally or caused to flow by another person, the undertakers are liable to make compensation only in proportion to their share in doing the damage.
(3) The undertakers may acquire as an easement appurtenant to their waterworks a right to discharge water as mentioned in subsection (1) .
(4) For the purposes of subsection (3) the undertakers' waterworks shall be deemed to be the dominant tenement and sufficiently described as such waterworks.