42-389. Discrimination in rates unlawful; recovery of illegal payments; costs and attorney fees.
42-389
42-389. Discrimination in rates unlawful; recovery of illegalpayments; costs and attorney fees.It shall not be lawful for any person, association or corporation owningor controlling or claiming to own or control, any ditch, canal or reservoircarrying or storing or designed for the carrying or storing of water takenfrom any natural stream, or other source of supply within this state, to becarried or stored and delivered for compensation, for irrigation, milling,sanitary or domestic purposes, to persons not interested in such ownershipor control, to demand, bargain for, accept or receive from any person whomay apply for water for any of the aforesaid purposes, any money or othervaluable thing whatsoever, or any promise or agreement therefor, directlyor indirectly, as royalty, bonus, or premium, prerequisite or conditionprecedent to the right or privilege of applying or bargaining for orprocuring such water; but such water shall be carried or stored anddelivered according to the right of the person entitled to the enjoymentthereof, upon the payment or tender of the charges fixed by the countycommissioners of the proper county, as is or may be provided by law.
Any and all moneys and every valuable thing or consideration ofwhatsoever kind which shall be so as aforesaid demanded, charged, bargainedfor, accepted, received or retained contrary to the provisions of thissection, shall be deemed and held an additional and corrupt rate, charge orconsideration for the water intended to be furnished and deliveredtherefor, or because thereof, and wholly extortionate and illegal, and whenpaid, or delivered, or surrendered, may be recovered back by the party orparties paying, delivering or surrendering the same, from the party to whomor for whose use the same shall have been paid, delivered, or surrendered,together with all costs of suit, including reasonable fees of attorneys ofplaintiff, by proper action in any court having jurisdiction.
History: L. 1891, ch. 133, art. 8, § 1; May 20; R.S. 1923, 42-389.