Section 112

(1)

The Director may, by a written order, direct the holder of a mineral tenement to permit any other person to enter upon the land which is the subject of the mineral tenement and thereupon to erect, construct and maintain, at that person's own expense, any pump, line of pipes, flume, race or watercourse which, in the opinion of the Director, may be necessary to enable him to take advantage of any excess or discharged water from such land, and to convert the same to his own use:

Provided that no such use, erection, construction or maintenance shall be permitted or continued if it is proved that it causes or is likely to cause prejudicial effect or result upon or towards any actual or prospective mining operations which are being or may be com-menced or carried on upon the land affected by the mineral tenement.