Section 43: Diversion of canal water

43. Diversion of canal water (1) A riverain of a canal, with the consent of the corporation or other body or community, administering the canal, may turn aside the whole or part of the water of the canal for any purpose, on condition that— (a) the water turned aside is restored without diminution or deterioration, and so as not to prejudice the right of any other riverain, without his consent; (b) it is conveyed in the manner required by the corporation or community, at the expense of the riverain turning aside the water; and (c) all the pipes, gutters, and masonry, are kept in thorough repair by the riverain. (2) Where a condition of subsection (1) is not observed, the District Magistrate, upon application by the syndic, or by any person interested, shall order that the necessary works be made and completed and that the water of the canal be returned to its original channel, until completion, all at the expense of the riverain by whom the water has been turned aside. (3) Any person may turn aside the whole or part of the water of any canal, not being administered by any corporation or other body for the benefit of the community, with the written consent of all the riverains having shares in the canal, below the place at which the water is turned aside. [Issue 5] R25 – 10 Revised Laws of Mauritius 44. —