TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 9

DISTRIBUTION OF WATER TO CONSUMERS

42-916.  Liability for waste of water. No person entitled to the use of water from any such ditch or canal, must, under any circumstances, use more water than good husbandry requires for the crop or crops that he cultivates; and any person using an excess of water, is liable to the owner of such ditch or canal for the value of such excess; and in addition thereto, is liable for all damages sustained by any other person, who would have been entitled to the use of such excess water, as fixed by this section.

History:

[(42-916) 1881, p. 273; R.S., sec. 3190; reen. R.C. & C.L., sec. 3293; C.S., sec. 5640; I.C.A., sec. 41-816.]