TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 13

LATERAL DITCH WATER USERS’ ASSOCIATIONS

42-1306.  LATERALS — REPAIRS, IMPROVEMENTS, AND MAINTENANCE — ASSESSMENT OF COSTS. (1) Water users shall keep their laterals in good condition for carrying and distributing water.

(2)  A water delivery organization may send written notices to water users or a lateral water users’ association specifying any lateral maintenance deficiencies and a reasonable time to remedy the deficiencies. The water delivery organization may refuse delivery of water for failure of the water users or lateral water users’ association to adequately maintain any lateral pursuant to the water delivery organization’s notice.

(3)  Water users or a lateral water users’ association who neglect or refuse to perform the duties imposed on them by this section shall have no cause of action, including damages, against the water delivery organization for failure to deliver or distribute water to the lateral.

(4)  The operation, improvement, repair, and maintenance of any lateral shall be under the direction of the association’s board of directors. The board, with the lateral manager, shall examine laterals with maintenance deficiencies and prepare an estimate of the total cost to repair, operate, and maintain the lateral so that water can be properly delivered to the association’s water users during the succeeding irrigation season. Such total costs, plus compensation for the board members and lateral manager, shall be assessed to each water user either:

(a)  In the proportion which the quantity of water the water user is entitled to receive from the lateral or laterals bears to the total quantity of water which all lateral water users’ association water users are entitled to receive; or

(b)  If the water user’s land consists of a lot or lots within a city or village, then the assessment may be made on the basis of each lot, the same to be uniform on lots of the same size.

History:

[42-1306, added 2026, ch. 112, sec. 19, p. 572.]