45-204. Prohibition on canal owner to contract
to carry water in excess of capacity of canal


A person owning or controlling a canal, flume or other means for carrying water from
a stream or water supply to lands for irrigation of the lands, shall not contract to
carry more water than the canal, flume or other means is estimated to carry at any one
time, whether the contract is made for measured time or acreage quantity. Such person
shall keep the canal, flume or other means in good repair and condition so that it will
carry the full amount of water contracted to be carried or delivered.