42-350. Same; restoration of highway.

42-350

Chapter 42.--IRRIGATION
Article 3.--IRRIGATION AND IRRIGATION DISTRICTS

      42-350.   Same; restoration of highway.It shall be the duty of any person, firm or corporation who are theowners and proprietors of any canal, ditch or other conduit constructed forthe conveyance of water, or other opening through or across a publichighway or street, which are used principally for power purposes, torestore such highway to passable condition, and to build, rebuild, maintainand keep in repair at such proprietor's or owner's expense, a good andsufficient bridge or viaduct over and across the same, of the size and kindrequired by law of the highway authorities in charge of such highway orbridge. If such bridge be located within the corporate limits of a city ofthe first, second or third class it shall be built, rebuilt, constructedand repaired under the supervision of the city council or board ofcommissioners of said city, and when required to be rebuilt shall be builtaccording to plans and specifications prepared under their supervision.

      If located upon a county road or on a township road if the countyengineer's estimated cost exceeds $600, such building or rebuilding shallbe according to plans and specifications approved by the board of countycommissioners and the county engineer. If located upon a township road, andthe county engineer's estimated cost does not exceed $600, then such bridgeshall be built, rebuilt, maintained and repaired according to plans andspecifications approved by the township board of highway commissioners, andby the county engineer.

      History:   L. 1921, ch. 87, § 2; May 25; R.S. 1923, 42-350.