73-1-7 - Enlargement for joint use of ditch.
73-1-7. Enlargement for joint use of ditch.
When any person desires to convey water for irrigation or any other beneficial purposeand there is a canal or ditch already constructed that can be used or enlarged to convey therequired quantity of water, such person shall have the right to use or enlarge such canal or ditchalready constructed, by compensating the owner of the canal or ditch to be used or enlarged forthe damage caused by such use or enlargement, and by paying an equitable proportion of themaintenance of the canal or ditch jointly used or enlarged; provided, that such enlargement shallbe made between the 1st day of October and the 1st day of March, or at any other time that maybe agreed upon with the owner of such canal or ditch. The additional water turned in shall bear itsproportion of loss by evaporation and seepage.
No Change Since 1953