42-325. Waste gate and tailrace where waters cause damage; discharge of water.
42-325
42-325. Waste gate and tailrace where waters cause damage; dischargeof water.Every person, association or corporation owning or controlling anyditch, conduit or other works for the conveyance of waters, the waterdischarged wherefrom has been wont to or probably may flood or damage anyroad, highway or public grounds, or the lands of other proprietors, shallconstruct a waste gate and tailrace for discharging the waters of suchditch, conduit or other works into some other works for the conveyance ofwater, or into the stream wherefrom the same were diverted, or some otherstream, ravine or water course, with as little waste or damage to otherproprietors as may be: Provided, That such tailrace shall not be soconstructed or placed as to convey water into any other such works, save bythe consent of the proprietors thereof; and in every case the appropriatornext in priority taking water from the same stream or source of supply, andwhose ditch, conduit or other works lie below the place of discharge, shallbe entitled to have such waste water: Provided further, That nothingin this section contained shall be so construed, nor shall this section beso administered, as to disturb the priorities among the appropriators, orso as to effect the diversion into the works of one appropriator of waterto the use whereof another is entitled.
History: L. 1891, ch. 133, art. 4, § 5; May 20; R.S. 1923, 42-325.