42-329. Distribution of water at source of supply among proprietors of works.
42-329
42-329. Distribution of water at source of supply among proprietors ofworks.The waters of the several streams and sources of supply shall bedistributed among the several canals, ditches, conduits and other works sothat the proprietors of each of said works, and those entitled to watertherefrom, shall, as nearly as may be, and to the extent of their needs, atall times receive and enjoy the waters to which they are severallyentitled; and whenever it shall appear that there is flowing into any suchworks, water to which the proprietor of any other such works having a priorright is entitled, and that such other works having priority of right isnot receiving the water necessary for the consumers of water therefrom, andwhich ought to flow to the same, the head gate of such works having theexcess, and being subsequent in right, shall be closed or partly closed, sothat a sufficient amount of water of such stream or source of supply maypass and flow to the said works having the priority of right, to the amountto which the same shall be entitled; and if the proprietors of any suchworks having such excess and being subsequent in right shall fail or refuseto turn out such supply of water when requested by the party entitled toreceive the same so to do, the head gate or waste gate of the worksreceiving such excess shall be so set and locked by the officer authorizedby law to perform such duty as to permit a sufficient amount of said waterto pass and flow to the party having the right to receive the same.
History: L. 1891, ch. 133, art. 4, § 9; May 20; R.S. 1923, 42-329.