Any person desiring the construction of a new water-course may apply in writing to the Divisional Canal-officer, stating—
(1)that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires such water -course to pass, a right to occupy so much of the land as will be needed for such water-course;
(2)that he desires the said Canal-officer, in his behalf and at his cost, to do all things necessary for acquiring such right;
(3)that he is able to defray all costs involved in acquiring such right and constructing such water-course.