70 



of maintenance fairly among the owners. A provision has therefore 

 been inserted in article 2 under which any ditch may be considered as 

 public property should it serve for the iri-ioation of as nnich as 1.000 

 acres belonging to several persons. 



Em))ankmeuts and levees for protecting the country against the 

 flood of the Nile are considered public pi'operty. These are main- 

 tained l)y the government. 



Article and many others of this decree ha\ •' been recommended by 

 the inspectors. During the first ten or twehc years of English occu- 

 pation the jn-ovisions of section would have been of great benefit in 

 many cases. It stipulates that the owners of lands through which a 

 public ditch passes can not destroy the same in order to make the land 

 tilla))le without the written consent of the persons depending on the 

 canal. 



If it is necessary tt) close a canal for repairs or in order to give the 

 water to others who are in greater need, irrigators can collect no 

 indenuiitv from the goveriuncnt for the loss occasioned by a lack of 

 water. 



Article 8 is particularly interesting to those who have made a study 

 of public supervision of water. One of the first uecessities under 

 such supervision is that the State shall have authority to limit the 

 diversion of water w hen further canal construction may injure users 

 already on the ground.' Even in Egypt, where the Nile furnishes an 

 almost unlimited sui)ply during a large portion of the year, it has 

 been found necessary to limit construction work where the rights of 

 others are threatened. The intent of the law throughout is to dis- 

 tribute the cost of in-igation works in proportion to the benefits 

 i-eceived by each user. This is Avell illustrated in the article under 

 discussion. If a permit is granted authorizing the construction of a 

 ditch others may use the works, providing they pay toward the cost 

 of construction and maintenance in proportion to the benefits they are 

 to receive. 



The procedure for condemning lands for right of way for canals and 

 ditches is set forth in article !». 



The value of farming land in Egypt is well illustrated by the pro- 

 vision of article 10 relating to enlargements of existing ditches. A 

 rio-ht of wav does not give the canal owners title to land Iving on either 

 side of the channel; hence when enlargement is contemplated it is 

 necessary to condenm the additional land that must be used for the 

 enlargement. 



Article 12 relates to the diversion of water from canals. No lateral 

 can be taken from a canal without the approval of the inspector, but 

 if it is desired to install a sakiyeh the chief engineer decides the matter, 

 and also designates the location of the lateral or sakiyeh. Periuits are 



