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42-345. Certain agreements between proprietors not allowed; proceedings to annul.

42-345

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

      42-345.   Certain agreements between proprietors not allowed; proceedings to annul.The proprietors of any canal or other works not party to such agreement,or any consumer of water therefrom, shall be entitled to make applicationto the judge of the district court in and for the county wherein said applicantshall reside, asking that such agreement be annulled. Reasonable noticeof every such application shall be given to the proprietors of the canalsand other works, parties to such agreement, and the judge of the districtcourt may require like notice to be given to all others in interest, byapplication, as may by him or her be prescribed.

      The proprietors of any such canal or other works, or any consumer of water,or person entitled to the use of water from any such works, shall be heard,and the judge of the district court shall make such order in the premisesas right and justice may require. During the pendency of any such applicationthe waters allotted to the canals, ditches, or other works, the proprietorswhereof are parties to such agreement, shall be distributed and rotatedconformably to such agreement.

      History:   L. 1891, ch. 133, art. 4, § 27; R.S. 1923, 42-345;L. 1976, ch. 145, § 196; Jan. 10, 1977.

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