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KANSAS STATUTES AND CODES
42-394. Waste of water; penalty.
42-394
42-394. Waste of water; penalty.That it shall be unlawful for any person entitled to the use of watersunder this act for irrigation purposes, to use the same in excessivequantities or to suffer the same to run to waste. And if any person usingthe waters of any natural stream or other source of supply shall, by reasonof his omission to maintain and keep the banks or other appurtenances ofthe works whereby the same are diverted, conveyed, or stored, in properrepair, or by other negligence knowingly suffers such waters to run towaste, or willfully and wastefully uses water in greater quantity thannecessary for his purposes, such person shall be liable to a fine of notless than five dollars and not exceeding three hundred dollars, in thediscretion of the court wherein conviction shall be had.
And it shall be unlawful for any water bailiff, ditch rider, orsuperintendent, or other person in charge or control of the operation ofhead gates or water gates to laterals or ditches supplying water from anyirrigating canal to consumers and users of water, to furnish water to anyconsumer or user whose laterals are not in proper repair to receive anddistribute said water without waste, and any water bailiff, ditch rider,superintendent, or other person so in charge or control of the operation ofhead gates or water gates as aforesaid, who shall furnish water to anyconsumer or user whose laterals are not in proper repair to receive anddistribute said water without waste, shall be guilty of a misdemeanor andpunished by a fine of not less than five dollars nor more than fiftydollars for each and every offense.
And every water bailiff, ditch rider, superintendent, or other personunder whose charge or control shall be the operation and management of thewater gates or boxes supplying consumers with water, shall have the rightto go over and upon the lands of water users for the purpose of determiningwhether their laterals, ditches, and conduits are clean and in repair andin proper condition to receive and distribute the water in an economicmanner.
History: L. 1891, ch. 133, art. 8, § 6; L. 1917, ch. 219, § 1; May 26; R.S.1923, 42-394.