42-399. Unlawful acts affecting artesian well; penalty.

42-399

Chapter 42.--IRRIGATION
Article 3.--IRRIGATION AND IRRIGATION DISTRICTS

      42-399.   Unlawful acts affecting artesian well; penalty.If any person in charge of the work of sinking or boring an artesianwell shall fail, neglect or refuse to keep a record thereof as required bythis act, or shall fail, refuse or neglect to set forth therein as nearlyas may be any of the matters or things hereby required to be set down insuch record; or, being the proprietor of such well hereafter sunk or bored,or proprietor of or entitled to the waters of any such well heretofore sunkor bored, shall fail or refuse to make and record the certificate requiredby this act, or shall willfully and knowingly insert in such record or insuch certificate any false statement touching any such matter, or shallcause or procure, or knowingly permit, suffer or connive at such omissionor false statement; or, being the proprietor of or controlling any artesianwell, shall suffer the same to flow without causing it to be furnished withsuch appliances as hereby required for arresting and preventing the flow ofwater therefrom; or who, being the proprietor of or controlling such well,shall knowingly permit the water thereof to flow or waste unnecessarily,and to the injury of others; or, being in possession of or controlling thepremises where such well is situated, shall willfully prevent any waterbailiff, county commissioner, road overseer or city officer entitled bythis act to visit and inspect the same from so doing, shall be deemedguilty of a misdemeanor, and upon conviction thereof shall be punished by afine of not exceeding one hundred dollars, or imprisonment in the countyjail not exceeding three months, or by both such fine and imprisonment, inthe discretion of the court wherein conviction is had.

      History:   L. 1891, ch. 133, art. 8, § 11; May 20; R.S. 1923, 42-399.