Section 53, Cap 196

(1) If it shall appear necessary for the proper workingof the area comprised in any mining lease or mining right the Governor may, on such terms as he may think proper, grant to the lessee of or holder of a mining right over the mining area a licence (which shall be known as a water right) to obtain and convey from any river, stream or watercourse outside the mining area such volume of water as may be required for the purpose of mining within the same and for such purpose to occupy such S.L.-VoL. IV -8 Governor may grant a licence to take water from any river, etc., and across any lands. Provisional permission to use. water. Provisional water rights. land as may be required for a dam, reservoir or pumping station, and for the conveyance of such water to the mining area by the means of pipes, ducts, flumes, furrows or otherwise: Provided always that- (a) no such licence shall be granted until after the expiration of one month from the date on which notice of the application for the licence has been published in the Gazette and posted in a conspicuous place at the office of the Chief Inspector of Mines; (b) no such licence shall be granted if it is shown to the satisfaction of the Governor that the exercise thereof will prejudicially affect any existing right in or over the water supply to which it relates, unless the applicant shall pay to the person whose rights will be prejudicially affected such compensation as may be agreed upon between the parties or as may be determined by arbitration; (c) the provisions of section 35 (2) (3) (4) {5) and (6} and the provisions of section 38 shall apply, mutatis mutandis, to every licence granted under this section. (2) Pending the grant of a water right for which application has been made the Governor may grant to the applicant, on such terms as he thinks fit, provisional permission to exercise and enjoy the powers and rights for which such application has been made: Provided always that no such provisional permission shall be granted until after the expiration of one month from the date on which notice of the application has been published and posted as prescribed. (3) When a person has made application for a mining lease or mining right in respect of any area and it appears that, in the event of such mining lease or mining right being granted, the grant of a water right under this section will be necessary for the proper working of the area, the Governor may, on such terms as he thinks fit, grant to the applicant a provisional water right under this section. Such provisional water right- (a) shall not become operative unless and until a mining lease or mining right over the said area shall be granted to the applicant: Provided that, if the applicant has been granted permission under section 23 to mine on the area prior to the grant of the lease or mining right, the Governor may, subject to such .. ~ terms as he thinks fit, permit such provisional water right to become operative at any time after the expiration of one month from the date on which notice of the application for it has been published and posted as prescribed; and (b) shall become null and void unless such mining lease or mining right be granted to the applicant; and (c) shall be subject to the provisos set out in sub-section (1), save that the payment of compensation required by proviso (b) shall not be required to be made prior to the granting of the provisional water right; and (d) shall become operative and have the same force and effect as a water right granted under sub-section (1), upon the applicant paying the compensation set out in proviso (b) to sub-section {1) and receiving a grant of a mining lease or mining right over the said area.