Chapter 12 - Miscellaneous Companies
CHAPTER 12 - MISCELLANEOUS COMPANIES
17-12-101. Certificate of ditch company.
Wheneverany three (3) or more persons associate under the provisions of this article,to form a company for the purpose of constructing a ditch or ditches for thepurpose of conveying water to any mines, mills or lands to be used for mining,milling or irrigating of lands, they shall in their certificate, in addition tothe matters required in the first section of this article, specify as follows:the stream or streams from which the water is to be taken out; the line of saidditch or ditches, as near as may be, and the use to which said water isintended to be applied.
17-12-102. Right-of-way of ditch company; interference with prior ditchand water rights.
Anyditch company formed under the provisions of this article shall have theright-of-way over the lines named in the certificate, and shall also have theright to run the water of the stream or streams named in the certificatethrough their ditch or ditches; provided, that the lines proposed shall notinterfere with any other ditch whose rights are prior to those acquired underthis article and by virtue of said certificate. Nor shall the water of anystream be directed from its original channel to the detriment of any miners,mill men or others along the line of said stream, or who may have a priority ofright, and there shall be at all times left sufficient water in said stream forthe use of miners and agriculturists who may have a prior right to such wateralong said stream.
17-12-103. Proper condition of ditches.
Everyditch company organized under the provisions of this article shall be requiredto keep the banks of their ditch or ditches in good condition, so that thewater shall not be allowed to escape from the same, to the injury of any miningclaim, road, ditch or other property located and held prior to the location ofsuch ditch; and whenever it is necessary to convey any ditch over, or across,or above any lode or mining claim, the company shall, if necessary to keep thewater of said ditch out from any claim, flume the ditch so far as necessary toprotect such claim or property from the water of said ditch; provided, that inall cases where the ditch has priority of right by location, the owners of suchclaim or property shall be compelled to protect themselves from any damagesthat might be created by said ditch, and the owner of such claim shall beliable for any damages resulting to said ditch by reason of the works oroperations performed on such claim or property.
17-12-104. Applicability of W.S. 17-12-101 through 17-12-104 toexisting companies.
Thisact shall apply to all ditch companies already formed and incorporated underthe laws of Wyoming.
17-12-105. Authority of ditch and water companies to issue bonds andmortgage property.
Everycorporation organized under the laws of Wyoming for the purpose of constructingor operating a system of waterworks, within the corporate limits of any city ortown, and every ditch and water company organized under the laws of Wyomingshall have power, and is hereby authorized to mortgage or execute deeds oftrust in whole or in part, of their real and personal property and franchises,to secure money borrowed by them for the construction or operation of theirwaterworks, or ditches, and may also issue their corporate bonds, to make allof said bonds payable to bearer, or otherwise, negotiable by delivery andbearing interest at such rates, and may sell the same at such rates and pricesas they may deem proper; and said bonds shall be made payable at such times,and the principal and interest thereof may be made payable within or withoutthis state, at such place or places as may be determined upon by said company.
17-12-106. Certificate of flume company.
Whenany company shall organize under the provisions of this article to form acompany for the purpose of constructing a flume, their certificate, in additionto the matters required in the first section of this article, shall specify asfollows: the place of beginning, the termini and the route so near as may be,and the purpose for which such flume is intended, and when organized accordingto the provisions of this chapter, said company shall have the right-of-wayover the line proposed in such certificate for such flume; provided, it doesnot conflict with the right of any farmer, fluming, ditching or other company.
17-12-107. Certificate of telegraph company.
Wheneverany three (3) or more persons associate under the provisions of this article,to form a company for the purpose of constructing a line or lines of magnetictelegraph in this state, their certificate shall specify as follows: thetermini of such line or lines, and the counties through which they shall pass;and such corporation is hereby authorized to construct said telegraph line orlines from point to point along and upon any of the public roads, by theerection of the necessary fixtures, including posts, piers and abutments,necessary for the wires; provided, that the same shall not incommode the publicin the use of said roads or highways.