US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 28
                       COUNTY IRRIGATION, DRAINAGE, AND
                             RECLAMATION PROJECTS
    42-2819.  DISTRIBUTION OF RESERVOIR OR OTHER WATER THROUGH EXISTING CANAL
SYSTEMS -- COOPERATION WITH COMPANIES AND DISTRICTS. In all cases where the
lands assessed for any water supply or any reservoir or reservoir capacity
constructed or made available under the provisions of this chapter lie in
whole or in part under any existing canal system, or are so located that the
same can be irrigated through such canal system or any part or extension or
enlargement thereof, the board of county commissioners of the county in which
such lands, or any part thereof, are located are authorized to enter into a
contract on behalf of such county, with the company, irrigation district, or
individual owning or operating any such canal system under which such
district, company or individual shall become the agency of the county for the
distribution and delivery of such reservoir or other water to the lands of
such county lying under or so located that they can be irrigated from such
existing canal system, and as such agent of the county to provide for the
operation and maintenance and repair of the irrigation works constructed or
made available under the provisions of this chapter and authorizing such canal
owners or operators to collect from the landowners under said canal system an
operation and maintenance charge, toll, fee or assessment sufficient to pay
the cost of such operation, maintenance and distribution including the cost of
operating and maintaining the reservoir or the proportionate part thereof
properly chargeable to such land, and to require the payment of such operation
and maintenance charges as a condition to the delivery of such reservoir or
other water supply and to withhold delivery of such reservoir or other water
until all such operation and maintenance charges for past years have been
paid, and when so provided in the contract between such canal owner and the
county or when so ordered by the board of county commissioners, shall withhold
the delivery of such water supply so provided or made available by the county
under the provisions of this chapter, from any lands on which any instalment
of the principal, or interest of the said liens provided for in this chapter,
or the amount due the sinking fund as herein provided, or any assessment
levied by the county for the purpose of paying any such instalment or annual
interest charge or sinking fund remains delinquent, delivery to such lands,
however, to be resumed upon payment of all assessments then due and payable or
delinquent, but no part of the water supply provided or made available by the
county under the provisions of this chapter shall be delivered to lands
against which benefits have not been assessed.