48Payment under system of irrigation rights

48 Payment under system of irrigation rights

(1)  Where the system of irrigation rights applies, all water supplied for irrigation in the water district shall be paid for as provided in this section.

(2)  [Section 48 Subsection (2) amended by No. 46 of 1997, s. 12, Applied:11 Nov 1998] *[Section 48 Subsection (2) amended by No. 75 of 1973, s. 2 and Sched. 1 ]*The undertakers shall before each irrigation season determine a rate per megalitre or other quantity of water which rate –

(a) [Section 48 Subsection (2) amended by No. 46 of 1997, s. 12, Applied:11 Nov 1998] is to have effect throughout an irrigation district or in such part of the district as may be provided by the by-laws; and

(b) [Section 48 Subsection (2) amended by No. 46 of 1997, s. 12, Applied:11 Nov 1998] may vary by reference to the time when the water is taken or to the surety attaching to the irrigation right concerned.

(3)  Every person having an irrigation right is liable –

(a) on the first day of the irrigation season to pay to the undertakers a sum in respect of the amount of water to which his irrigation right will entitle him that season; and

(b) to pay the undertakers for all water –

(i) to which his irrigation right so entitles him; and

(ii) [Section 48 Subsection (3) amended by No. 21 of 2010, s. 6, Applied:14 Oct 2010] which is supplied, that season, to the person's land or to land nominated by the person under section 23(2C)  –

at the rate determined for that season.

(4)  *[Section 48 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*Amounts due under subsection (3) –

(a) shall be deemed to be charges;

(b) shall be demanded and paid as provided in the undertakers' by-laws; and