42-349. Bridges and viaducts; when maintained by county or township.
42-349
42-349. Bridges and viaducts; when maintained by county or township. It shall be the duty of the proprietors or owners of any canal, ditch orother conduit constructed for the conveyance of water used principally forirrigation purposes to provide and construct all necessary bridges andviaducts for the use of the public in crossing the same. Every such bridgeor viaduct shall be so constructed as to be safe and adequate for thepurpose for which constructed, and the construction thereof shall in allcases be completed by the time when water shall be caused or permitted toflow in such canal, ditch or other conduit at the place where any suchbridge or viaduct shall be required.
All such bridges and viaducts, when constructed, shall be and become apart of the public highway, and shall be maintained and kept in repair bythe authorities having charge of such highways: Provided, That whensuch bridge or viaduct is located on a township road and the countyengineer's estimated cost is more than $600, said bridge or viaduct shallbe maintained by the board of county commissioners, and when the countyengineer's estimated cost of such bridge or viaduct is $600 or less, itshall be maintained by the board of township highway commissioners:Provided further, That when any canal, ditch or other conduitconstructed for the conveyance of water used primarily for drainagepurposes, and belonging to a regularly established drainage district, shallcross a public highway, thereby necessitating the construction ormaintenance of any bridge or viaduct, such bridge or viaduct shall beconstructed and maintained by the board of county commissioners whenlocated on a county road or when located on a township road and the countyengineer's estimated cost is more than $300; it shall be constructed andmaintained by the township board of highway commissioners when located on atownship road and the county engineer's estimated cost is less than $300.
History: L. 1891, ch. 133, art. 4, § 31; L. 1921, ch. 87, § 1; May 25; R.S.1923, 42-349.