42-106. Works constructed prior to 1884.
42-106
42-106. Works constructed prior to 1884.Where any canal, ditch, flume or aqueduct which is the property of anyindividual, company, or corporation, and is used for the purpose ofirrigating lands, has been located or constructed on or over any tractof land with the knowledge or consent of the owner of such lands, orupon or over any tract of land owned by the United States, and prior tothe occupation of the same by any settler for the purpose of entry underany act of congress, such location and construction shall be prima facieevidence that the same was rightful; and such canal, ditch, flume oraqueduct shall be deemed and held to come within the provisions andprotection of K.S.A. 42-122: Provided, however, That such canal, ditch,flume or aqueduct shall have been constructed for a period of at least twoyears prior to the first day of January, A.D. eighteen hundred andeighty-six.
History: L. 1886, ch. 115, § 6; Feb. 26; R.S. 1923, 42-106.