US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 29
                              DRAINAGE DISTRICTS
    42-2902.  APPROPRIATION OF WATER AVAILABLE FOR IRRIGATION PURPOSES. The
boards of commissioners of drainage districts are hereby authorized and
empowered to file upon and appropriate in the manner provided by law, waters
created or made available for irrigation purposes, by the construction of
drainage works within such district, whenever the same can be applied to a
beneficial use upon lands within the district, without impairing prior
existing rights, which waters shall be equitably and ratably distributed in
the manner provided by law to lands within the district which may beneficially
use the same in the proportion that the assessment for drainage of each tract
of said land bears to the whole assessment within the district: provided, that
where lands within the district have an adequate water right and the water
made available for irrigation by the construction of such works, may be
beneficially used upon other lands within the district, the board of
commissioners may supply such lands with water, upon their assuming to pay
their proportionate share of the drainage assessments, and credit other lands
within the district creating such water supply with their ratable proportion,
of the actual cost of the delivery thereof.