(1) If any dispute arises on,
while utilizing the water resources, there shall be a Water Resources Utilization
Inquiry Committee consisting of the following chairperson and Members to settle
such disputes:-
(a) Representative, Ministry of water resources-Chairperson
(b) Representative, Concerned District
Development Committee – Member
(c) Representative, Regional office of the
National Planning Commission – Member
(2) In case there arises a dispute between two or more districts regarding
the utilization of water resources, a representative each from all the disputing
district pursuant to Clause (b) of Sub-rule (1) shall represent in the committee.
(3) The Water Resources Utilization Inquiry Committee shall, while
settling the dispute arising in the course of utilization of water resources, follow
the following procedures:-
(a) If a dispute arises as to fixation of preference of utilization of
water resources between the local people to be benefited from
the water resources utilization project or as to grievance to the
local people against the running of any project related to
water resources, a reasonable time-limit shall have to be fixed
to the concerned licensees and local people for submission of
written information mentioning the facts to support their
claim, separately or collectively.
(b) After a written information is received within the time-limit
as prescribed under Clause (a) a field study of the project-site
shall have to be made and be appraised of the following
matters:-
www.lawcommission.gov.np
12 www.lawcommission.gov.np
(i) Total cost of the Project,
(ii) The standard of benefits from the project,
(iii) Possible effect to the people or group utilizing the
concerned water resources while running the project,
(iv) Number of consumers to be benefited from the project,
(v) Effect on environment due the operation of project,
(vi) Need of the local people,
(vii) Opinion of consumers to be benefited from the project,
(viii) Other necessary matters.
(c) After being apprised of the matters as mentioned in Clause
(b), on the basis of the same, the decision shall be made
whether the use of water resources is beneficial or not and
whether the use of the said water resources is to be allowed or
not.
(4) The Water Resources Utilization Inquiry Committee may, while
deciding the matter regarding the utilization of water resources pursuant to Clause
(c) of Sub-rule (3), set-forth conditions for utilizing any water resources.