42-397. Repeated unlawful diversion as evidence. - Kansas Statutes

42-397

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

      42-397.   Repeated unlawful diversion as evidence.If it shall appear that upon two or more occasions within the sameperiod of thirty days or less, water to the carriage, use or enjoymentwhereof any person or corporation was entitled for any purpose, wasdiverted or flowed without consent of such person or corporation into theworks of any other carrier, or to the field, meadow, mill, manufactory orother works, or the habitation or premises, of any person or corporationnot entitled thereto, this shall be deemed and taken as prima facieevidence that any improper diversion thereof afterwards during the samecalendar year was caused or procured by the carrier into whose works or theperson to whose field, meadow, mill, manufactory, works, habitation orpremises such waters were so improperly diverted or flowed.

      History:   L. 1891, ch. 133, art. 8, § 9; May 20; R.S. 1923, 42-397.