US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 13
                          LATERAL DITCH WATER USERS'
                                 ASSOCIATIONS
    42-1310.  LATERAL DITCHES -- REPAIRS, IMPROVEMENTS AND MAINTENANCE BY
IRRIGATION DELIVERY ENTITIES. In the event that a water users' association of
lateral or laterals has not been constituted on a particular lateral or
distributing ditch pursuant to this chapter, any individual water user taking
water from a canal or reservoir to be conveyed to their respective premises
for any distance through such lateral or distributing ditch may authorize the
irrigation delivery entity providing water to the lateral or ditch to perform
any necessary repairs, improvements, or maintenance to the lateral or ditch.
The irrigation delivery entity may agree to perform such work only if it has
duly adopted a bylaw authorizing such work to be done for its individual water
users, or adopts a resolution authorizing the work. In performing such work,
the irrigation delivery entity shall have the same rights and privileges to
enter the land across which the right-of-way extends, for the purposes of
cleaning, maintaining and repairing the lateral or ditch, and to perform such
work, as does the individual water user authorizing the work. By performing
such work, the irrigation delivery entity does not assume ownership of the
lateral or ditch, or responsibility for or incur liability for any injury to
person or property caused by an act or omission of the individual water user
authorizing the work, or of any other person. When such work has been
authorized, the irrigation entity shall assess the individual water user for
the annual cost of any necessary repairs, improvements, or maintenance
performed on the lateral or ditch, in addition to the assessments that are
levied for the delivery of water to the individual water user, and the same
provisions shall apply with regard to delinquent assessments as in the case of
assessments levied for the delivery of water. Nothing in this section shall
affect the authority of a water users' association of lateral or laterals from
assessing its members for work authorized under this chapter.