MELBOURNE Water has warned that one its workers is under enormous stress after facing trespass charges brought by opponents of the controversial north-south pipeline.

Opponents of the pipeline brought the trespass case against Melbourne Water's John Winther to the Seymour Magistrates Court on Monday.

Counsel acting on behalf of Mr Winther told the court his client had no intention of trespassing and believed he was acting lawfully in doing his job.

A spokeswoman for Melbourne Water said the government-owned corporation was concerned about the impact the case was having on Mr Winther, who was simply doing his job.

Criminal trespass is a serious matter that carries a potential jail term and while he knows he has the full support of Melbourne Water, the spokeswoman said.

"This is placing enormous stress on him, his colleagues and family," she said.

Melbourne Water issued a statement this week stating it remained confident in its powers under the Water Act (1989), which allowed its employees and contractors to enter private property under Section 133 after seven days notice.

However the barrister representing Yea landholder Bill Anderson said Melbourne Water could not exploit the Act in this way and when it came to purchasing land it must adhere to the Land Acquisition and Compensation Act.

The LAC Act states: "Authority must not acquire any interest in land in respect of which a notice of intention to acquire has been served before the expiration of two months after the service of that notice."

Once the land is purchased the Government must then wait another three months before it can enter the land.

However, Melbourne Water Project Director Rod Clifford said the government-owned corporation was confident the court would uphold its legal rights.

"John Winther was acting lawfully in accordance with the Water Act," Mr Clifford said.

"In a previous case in June, a magistrate ruled that our workers and sub-contractors had the legal right to enter private property to construct the pipeline. This further legal action supported by Plug the Pipe therefore serves no legal purpose."

"This case will not impact on the project at all. The pipeline is ahead of schedule and on budget and we do not envisage that anything will change that."

The Sugarloaf Pipeline project is ahead of schedule and on budget, and is expected to be completed in February 2010 delivering water from Lake Eildon to Melbourne via the Goulburn River.

The case was adjourned yesterday to a date to be set, so as to allow the magistrate to consider written submissions.