42-391. Refusal to furnish water upon tender of charges; penalty; rights of parties owning ditch or other works.
42-391
42-391. Refusal to furnish water upon tender of charges; penalty;rights of parties owning ditch or other works.Every person, association or corporation owning or controlling, orclaiming to own or control any ditch, canal or reservoir such as ismentioned in K.S.A. 42-389, anyofficer or agent of such association or corporation, who shall, afterdemand in writing made upon him for the carriage or delivery of waterfor irrigation, milling, sanitary or domestic purposes to be carried inor delivered from the ditch, canal or reservoir owned, possessed orcontrolled by him, and after tender of the lawful rate of compensationtherefor in lawful money, refuse to furnish and deliver from such ditch,canal or reservoir any water so applied for, or carry therein any waterthe carriage whereof is so applied for, which water can or may be, byuse of reasonable diligence in that behalf and within the carrying orstorage capacity of such ditch, canal or reservoir, lawfully carried,furnished and delivered without infringement of prior rights, shall bedeemed guilty of a misdemeanor, and upon conviction thereof shall bepunished by a fine of not less than one hundred dollars nor more thanfive thousand dollars, or imprisonment for a term of not less than threemonths nor more than one year, or both such fine and imprisonment, inthe discretion of the court: Provided, however, That when anyperson, association or corporation has heretofore constructed or shallhereafter construct any ditch, canal, conduit, reservoir or other worksfor the carrying or storage of waters in part for the irrigation of landbelonging to such person or corporation, or for the enjoyment of suchwaters in part by such person or corporation for any other purposewhatsoever, and in part for the use of other persons or corporations,nothing herein contained shall be so construed as to require such personor corporation to yield up or deliver to others, or to suffer to be usedby others, the water by him or it devoted to beneficial uses.
History: L. 1891, ch. 133, art. 8, § 3; May 20; R.S. 1923, 42-391.