45-173. Use of natural waterway to carry water
of another or for other water projects; dispute over division of
waters


A. Although the waters which naturally flow in the natural channel of a stream have
been previously appropriated and put to beneficial use by others, the channel may be used
to carry water of another or used for the location of an underground storage facility
pursuant to chapter 3.1 of this title, if such use can be made without diminishing the
quantity of water which naturally flows therein the use of which has been appropriated.


B. When the parties interested cannot agree upon the division of the water turned
into the natural channel from the water naturally flowing therein, or if it is difficult
to ascertain the amount to which each party is entitled, the water superintendent of the
district shall make the division.