42-310. Right to continuance of use of water procured from carrier by contract.
42-310
42-310. Right to continuance of use of water procured from carrier bycontract.Any person having by lease, purchase or agreement, written or oral,procured from any carrier water for the irrigation of lands or for otheruse whatsoever, and having actually applied such water to beneficial uses,shall thereafter in every year, upon payment of the reasonable ratetherefor prescribed by the county commissioners (or if no such rate hasbeen prescribed, then at a reasonable rate and price, not exceeding that atwhich such carrier has been wont to supply to others) be entitled tocontinue in the enjoyment of water from the works of such carrier to thesame amount: Provided, That nothing herein contained shall be deemedto enlarge the effect of any grant, lease, or other agreement by anycarrier, for the use by one person, during any limited period, of water tothe use and enjoyment of which by lawful grant, lease or agreement of suchcarrier theretofore made, any other person is entitled, such person soentitled to the use of such waters not then having need or occasiontherefor, nor to entitle any person to resume the use or enjoyment of waterafter having failed or refused to pay the reasonable rate lawfully demandedtherefor by the carrier in any year, nor to require the carrier to supplywater to persons persistently refusing to comply with the reasonableregulations prescribed by such carrier for the government of thedistribution of water from its works.
History: L. 1891, ch. 133, art. 2, § 1; May 20; R.S. 1923, 42-310.