42-327. Outlets and gates for convenient delivery of water; contracts; construction of embankments.
42-327
42-327. Outlets and gates for convenient delivery of water; contracts;construction of embankments.The proprietors of every canal, reservoir, ditch or conduit or otherworks for the appropriation, diversion, storage or carrying of water forbeneficial uses shall construct and maintain necessary outlets and gatesfor the convenient delivery of water to the persons entitled to the use ofwater from such works: Provided, That where two or more of the personsentitled to the use of water from such works can be conveniently suppliedfrom one outlet, a second or other outlet shall not be required; and amultiplicity of outlets in any ditch or conduit shall at all times beavoided so far as practicable. The location of such outlet shall be underthe control of the manager or superintendent of such ditch, conduit, orreservoir, and the same shall be located at the places most convenient andpracticable, having reference to the protection and safety of the works andthe convenient distribution of water therefrom among those entitled to theuse thereof: And provided further, That nothing herein contained shallbe construed to prohibit the proprietors of any such works from agreeingwith those entitled to the use of such waters, to construct or maintainsuch outlets and the gates thereof. Every such gate shall be constructedwith embankments of height and strength sufficient to control and excludethe water at all stages, and shall be so constructed and arranged that thegate may be set and locked at any place, so as to exclude any part of suchwaters.
History: L. 1891, ch. 133, art. 4, § 7; May 20; R.S. 1923, 42-327.