42-302. Extent of appropriation; residue of waters.

42-302

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

      42-302.   Extent of appropriation; residue of waters.The appropriation of water hereafter shall in every case be deemed andbe taken to be accomplished and effectual only as to so much water as shallhave been actually applied to beneficial uses within a reasonable timeafter the commencement of the works by means of which such appropriation isintended to be made, or afterwards where no appropriation has in themeantime been initiated by others, together with the reasonable amountnecessary to supply losses by waste, seepage and evaporation; all theresidue of the water within the capacity of the canal or other works shallbe deemed to be derelict, and liable to appropriation by any subsequentappropriator.

      History:   L. 1891, ch. 133, art. 1, § 2; May 20; R.S. 1923, 42-302.