42-352. Bridges by owner of land for own use. - Kansas Statutes

42-352

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

      42-352.   Bridges by owner of land for own use.Every person owning, leasing or controlling any land whereon and over,through or across which shall be located and constructed any canal, ditch,or other such works, shall have the right to construct any necessary bridgeor bridges over or across the same on said land for his own use andconvenience, and to construct approaches thereto, and to use the same; andthe proprietors of such works shall in nowise interfere with such rights,nor unnecessarily remove or obstruct any such bridge or approach thereto,nor willfully or negligently damage the same.

      Such proprietors may, when necessary, temporarily remove any such bridgefor the purpose of cleansing, repairing or enlarging such works, and shall,upon the completion of such cleansing, repairing or enlargement, forthwithreplace such bridge: Provided, That such bridge shall have been soconstructed as to admit of its removal and replacement without damage bythe exercise of ordinary care: And provided further, That no suchbridge shall be so constructed as to break down, injure or weaken any partof such works, nor so as to in anywise obstruct the flow of water therein,or the operation thereof.

      History:   L. 1891, ch. 133, art. 4, § 32; May 20; R.S. 1923, 42-352.