Any person desiring the construction of 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.