42-1903 LIMITATION ON RIGHT TO FLOOD LAND OF OTHERS.
IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
CHAPTER 19
DAMS AND BOOMS IN CLEARWATER RIVER
42-1903. Limitation on right to flood land of others. This chapter shall not be construed to authorize any person to construct or maintain a dam or boom upon land above highwater mark owned by another person, or to flood, overflow or otherwise take, damage or interfere with land above highwater mark owned by another person without the consent of such owner, unless the right to do so is first acquired by agreement, purchase or condemnation.