Sections 46A-5-26, 46A-5-27 - Liability of district for negligence in delivering or failure to deliver water--Notice to chairman of board of directors describing acts of negligence. Diversion of water - South-dakota Statutes

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46A-5-26. Liability of district for negligence in delivering or failure to deliver water--Notice to chairman of board of directors describing acts of negligence. Every irrigation district within this state shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; provided that the person suffering such damage shall within thirty days after such negligence or failure, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that he expects to hold such district liable for whatever damages may result; and provided further that such action shall be brought within one year from the time the cause of action accrues.

Source: SDC 1939, § 61.0853; SDCL, § 46-13-26.

State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-05 > Statutes-46a-5-26-46a-5-27

46A-5-26. Liability of district for negligence in delivering or failure to deliver water--Notice to chairman of board of directors describing acts of negligence. Every irrigation district within this state shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; provided that the person suffering such damage shall within thirty days after such negligence or failure, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that he expects to hold such district liable for whatever damages may result; and provided further that such action shall be brought within one year from the time the cause of action accrues.

Source: SDC 1939, § 61.0853; SDCL, § 46-13-26.

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State Codes and Statutes

Statutes > South-dakota > Title-46a > Chapter-05 > Statutes-46a-5-26-46a-5-27

46A-5-26. Liability of district for negligence in delivering or failure to deliver water--Notice to chairman of board of directors describing acts of negligence. Every irrigation district within this state shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; provided that the person suffering such damage shall within thirty days after such negligence or failure, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that he expects to hold such district liable for whatever damages may result; and provided further that such action shall be brought within one year from the time the cause of action accrues.

Source: SDC 1939, § 61.0853; SDCL, § 46-13-26.