42-322. Duty to maintain and supply water; damage liability for failure; contracts not affected.
42-322
42-322. Duty to maintain and supply water; damage liability forfailure; contracts not affected.The proprietors of any canal, ditch, conduit or other works forcollecting, diverting or carrying water to be used in whole or in part forthe irrigation of land of others, shall at all times keep such worksproperly repaired and suitably cleaned, so that the same may convenientlycarry the water, to which the consumers of water therefrom are entitled,and shall, at all times, so far as may be reasonably practicable keeptherein a flow of water sufficient to supply and discharge the amount towhich all of those lawfully entitled to the use of water therefrom may beentitled; and such proprietors shall be liable for all damages occasionedsuch consumers by their willful or negligent failure to comply with theprovisions of this section: Provided, That this act shall not beconstrued to in any way interfere with or prohibit the making of contractsfixing a different period or time when such water shall be supplied.
History: L. 1891, ch. 133, art. 4, § 2; L. 1911, ch. 213, § 1; March 6; R.S.1923, 42-322.