42-316. Right of way and site for works for diverting, storing or conveying water.
42-316
42-316. Right of way and site for works for diverting, storing orconveying water.All necessary right of way and site for any works for diverting, storingor conveying water to be applied to industrial uses shall be allowed on,over and through any land, and on, over, across and under any ditch, canal,conduit, railroad, street, or highway, by the nearest and most practicableroute and method commensurate with the least damage to the propertycondemned: Provided, That no owner of real estate shall be compelledto grant right of way on, over or through his property for any irrigatingcanal, ditch, flume or conduit, if there shall be already in operation on,over or across the said property irrigating works sufficient and capable tofurnish water to properly irrigate the same land intended to be irrigatedby the canal, ditch, flume or conduit for which such condemnation is orshall be sought.
History: L. 1891, ch. 133, art. 3, § 1; May 20; R.S. 1923, 42-316.