Section 41-3-401 – Failure to Use Water; Extension of Time; Initiation by Benefitted or Injured User; Hearing; Appeal.
41-3-401. Failure to use water; extension of time; initiation by benefitted or injured user; hearing; appeal. (a) Where the holder of an appropriation of water from a surface, underground or reservoir water source fails, either intentionally or unintentionally, to use the water therefrom for the beneficial purposes for which it was appropriated, whether under an […]
Section 41-3-328 – Witnesses’ Fees and Mileage.
41-3-328. Witnesses’ fees and mileage. Every witness who shall attend before the court, or the judge thereof in vacation, or before the person appointed to take testimony in causes relating to water rights, under subpoena, by request of any party, shall be entitled to the same fees and mileage as witnesses in civil cases in […]
Section 41-3-322 – Owner’s Report of Persons Entitled to Use Water; Superintendent’s Report of Use of Water.
41-3-322. Owner’s report of persons entitled to use water; superintendent’s report of use of water. The owner of each reservoir shall annually, in writing, before or during the irrigating season and before the releasing of the water from the reservoir, deliver to the water commissioner having jurisdiction over such reservoir a list or lists of […]
Section 41-3-323 – Deeds for Water Rights; Attaching of Rights to Land; Sale, Lease, Transfer or Use.
41-3-323. Deeds for water rights; attaching of rights to land; sale, lease, transfer or use. The reservoir water and rights acquired under reservoir permits and adjudications shall not attach to any particular lands except by deed, or other sufficient instrument conveying such water or water rights, executed by the owner or owners of such reservoir, […]
Section 41-3-324 – Deeds and Leases for Water Rights; Execution and Recording.
41-3-324. Deeds and leases for water rights; execution and recording. All deeds for reservoir water and water rights and all leases of the same for periods of three (3) years or more shall be executed and acknowledged as deeds are executed, and shall be recorded in the office of the county clerk of the county […]
Section 41-3-325 – Excess Stored Water to Be Furnished Applicants; Preferences; Rates.
41-3-325. Excess stored water to be furnished applicants; preferences; rates. The owner or owners of a reservoir impounding a greater quantity of water than the owner or owners thereof necessarily use for irrigation and other beneficial purposes in connection with their own lands shall, when application is made to them for that purpose, furnish such […]
Section 41-3-326 – Applicability of Ownership Provisions.
41-3-326. Applicability of ownership provisions. The provisions of this act shall apply to reservoirs heretofore lawfully constructed as well as to all reservoirs hereafter lawfully constructed.
Section 41-3-327 – Carey Act Lands.
41-3-327. Carey Act lands. This act shall not apply to Carey Act lands or reservoirs for their irrigation, nor to any water right or rights to the use of waters of natural streams of this state, initiated from such streams and used through any such reservoir. All acts and parts of acts in conflict herewith, […]
Section 41-3-316 – Alterations or Repairs of Dams or Diversion Systems; Actions Brought Against State, State Engineer or Employees Prohibited.
41-3-316. Alterations or repairs of dams or diversion systems; actions brought against state, state engineer or employees prohibited. (a) No action shall be brought against the state or the state engineer or any of his agents or employees for the recovery of damages caused by the partial or total failure of any dam, reservoir or […]
Section 41-3-317 – Alterations or Repairs of Dams or Diversion Systems; Liability of Owners.
41-3-317. Alterations or repairs of dams or diversion systems; liability of owners. Nothing in this act shall be construed to relieve an owner or owners of any reservoir, dam or diversion system of any legal duties, obligations or liabilities incident to their ownership or operation of or any damages resulting from the leakage or overflow […]