87 



irrigation, with his reioinmendations and a<lvice. The latter will then examine the 

 situation, on the ground, and will give his decision after hearing the parties interested 

 or their legal representatives, should such appear. The chief engineer of the prov- 

 ince or his deputy may he delegated for this work. 



Fourteen days' notice shall be given as to the day and hour of the inspection. 

 Such notice shall l)e given either to the owners or to their legal representatives, as 

 the case may be. 



But if the ditch or Xili canal is to furnish water either running naturally or elevated 

 by a machine, and the property owners oppose its construction because it may injure 

 the land it traverses, the inspector of irrigation shall go to the place himself and base 

 his report on a careful survey. 



If the report is favorable to the applicant, and the governor, after having accjuainted 

 himself with the facts, agrees with the inspector, a decision to this effect shall be 

 rendered by the inspector. This decision shall be transmitted, as prescri])ed by law. 

 to the opposing i)arties. The latter may, within fifteen days from such notice, appeal 

 to tlie minister of public works, whose decision shall be final. 



If the governor and inspector of ii-rigation do not agree, tlie case shall be submitted 

 to the minister of public works. The applicant nuist always j^ay for the land occu- 

 pied Ijy the new ditch and the delimjuent taxes on the same; also indemnity for all 

 damage occasioned. The amount to be j)aid shall be fixed by the commission men- 

 tioned in article 27 of this decree. 



Article 10 of the decree of ]March S, IS.Sl, is hereli}' re{)ealed. 



IXSUFFKIEXT SUPPLY Ol" WATER IN A DITCH. 



Artk LE 10. An irrigator who l)elieves that he does not have sufficient water for 

 his purposes, should notify the governor, who should in turn communicate witli the 

 inspector of irrigation, accompanying his report by his recommendation and such 

 information as he may deem necessary, so that the inspector may determine whether 

 or not the ditch wliich irrigates the cultivated land has sufficient capacity, and as to 

 whether it should be enlarged. The inspector will base his judgment on the extent 

 of irrigated land ami the character of the irrigated crops. 



If the neighb(jring property holders object to the enlargement of the ditch, as may 

 be recommen<led by the inspector, the provisions of the preceding article are to be 

 oV)served, and if the enlargement is for the passage of summer irrigation water the 

 regulation set forth in paragraplis 2, 3, and 4 of article 9 shall apply. 



KXCITAXCiE OF DITCHES. 



Article 11. The rules and forms ])rescribed by article 9 will apply also where a 

 party desires to irrigate his land during high Nile by means of a ditch other than the 

 one which ordinarily serves him, but during low water no exchange of ditches will 

 be permitted without the consent of the parties owning the land through which the 

 new ditch would pass. 



C OXSTRfCTIO.V OK LATERALS, OR I XSl'A LLATIoN OK W ATER-RAISIX<; DEVICES OX CAXALS. 



Article 12. If a party desires to build a lateral gate, or a sakiyeh, or other elevat- 

 ing machine on a canal to irrigate the land b(jrdering the same, he must submit his 

 request to the governor, who will communicate it, accompanied by his recommenda- 

 tions and advice, to the inspector of irrigation; the latter will refer the matter to the 

 fhief engineer of the province, Avho, in the case of the sakiyeh, if he approves the 

 request, will furnish the necessary authorization, Imt if it concerns a lateral will 

 return the papers to the inspector for his approval. 



In all cases a copy of the authorization shall l)e transmitte<l to the governor, 

 together with a statement that the discharge of the canal is sufficient to supply the 



