42-395. Unlawful acts affecting works; penalty.
42-395
42-395. Unlawful acts affecting works; penalty.It shall be unlawful for any person or persons, without the consent ofthe superintendent, ditch rider, or other authorized person in charge,to knowingly and willfully raise the head gate of any canal, ditch,conduit or reservoir for the diversion, conveyance, retention or storageof water for domestic, agricultural or other industrial uses whatsoever;or to knowingly and willfully raise the gate of outlet or sublateralwhereby said person is himself supplied with water; or to knowingly orwillfully close or lower the gate whereby any other person or personsshall be supplied with water from any ditch, canal, conduit, reservoir,lateral, or sublateral; or to by any way or means whatsoever willfullyand knowingly prevent any other person or persons from receiving thesupply of water to which he or they may be entitled; or to willfully andmaliciously cut or break down the head gate of any such ditch, conduit,or reservoir, or the gate of any feeder or lateral thereof; or towillfully cut, excavate, throw down or open the embankment, side orother part of any such work, being the property of another, or in whichany other person or persons may be joint owners with the person sooffending, or which may be in the possession of any other person orpersons, with intent maliciously to injure any person, association, orcorporation, or for his, her or their own gain, or with intent to takeor cause to run or pour out of such ditch, canal, conduit or lateral,flume feeder or reservoir any water for his or their own use, profit,benefit, or advantage, or for the use, profit, benefit or advantage ofany other person or persons not entitled thereto, and to the injury ofany other person or persons, association or corporation entitled to theuse of such water, or to the injury of the proprietors of such ditch,conduit, reservoir, flume feeder, or lateral, or other person interestedtherein; or to break or injure or carry away any part or all of anybridge or viaduct, or to oppose or interfere with any officer or ditchrider in the discharge of his duties, or to in any way willfullyobstruct the discharge of any such duties--he, she or they sooffending shall be deemed guilty of a misdemeanor, and on convictionthereof shall be fined in any sum not less than fifty dollars nor morethan three hundred dollars, and may be imprisoned in the county jail notto exceed ninety days.
History: L. 1891, ch. 133, art. 8, § 7; L. 1905, ch. 277, § 1; Feb. 28; R.S.1923, 42-395.