42-304. Change of natural channel so as to prevent inflow into ditch or conduit. - Kansas Statutes

42-304

Chapter 42.--IRRIGATION Article 3.--IRRIGATION AND IRRIGATION DISTRICTS

      42-304.   Change of natural channel so as to prevent inflow into ditchor conduit.In case the channel of any natural stream shall have become so cut down,lowered, turned aside or otherwise changed from any cause as to prevent anyditch or conduit for the diversion of water from receiving the properinflow of water to which it may be entitled, the proprietors of such ditchor conduit may, within a reasonable time after such change, extend suchditch or conduit to such stream, or along the course thereof, or may erecta dam or embankment for turning water into the same; and the right of suchproprietors to take water from such stream through such ditch or conduit asso extended to the same amount and during the same period as prior to suchchange, shall be of the same priority as before such extension:Provided, That no such extension shall be allowed in such manner as tointerfere with the operation or enjoyment of any other ditch, conduit orother works for the diversion, conveyance or storage of water.

      History:   L. 1891, ch. 133, art. 1, § 4; May 20; R.S. 1923, 42-304.