42-323. Head gate, rating flume and lock; delivery of key to officer.
42-323
42-323. Head gate, rating flume and lock; delivery of key toofficer.Every person, association or corporation hereafter constructing anycanal, ditch, conduit or other works for diverting water from any sourcewherein any other person, association or corporation shall have a priorright of appropriation of water, shall at the time of the constructionthereof construct and place therein a head gate, which shall be placedat or near the head of such works, and so constructed and arranged andso placed with reference to such works that the same may be set toexclude the waters or any part thereof, which are wont to flow therein,at all stages thereof; and every person, association or corporationowning or controlling any such works heretofore constructed, whereinthere shall upon the passage of this act be no such head gate, shallconstruct and place therein such head gate within ninety days after thepassage of this act; and such proprietors shall, as may be necessaryfrom time to time, repair, replace, reconstruct and renew such headgates, so that the same shall at all times be efficient for the purposesherein set forth; and every person, association, or corporation owningor controlling such works shall at the time of the construction of saidhead gate construct and provide, at or near each such head gate, arating flume, or measuring device for rating or measuring the flow ofwater in such works, and shall always maintain the same in goodcondition, and shall put on such head gate a keyed device or lock,which shall be of such strength and so designed, constructed and placedas to permit the locking or fastening of such gate, valve or device atany point at which, as herein provided, the same may be set, and shall,upon demand made by any officer authorized by law to demand and have thesame, deliver to such officer the key thereof.
History: L. 1891, ch. 133, art. 4, § 3; May 20; R.S. 1923, 42-323.