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42-3,101. Penalty for failure to construct devices, or to lock head gate and deliver key, or to maintain such devices.

42-3,101

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

      42-3,101.   Penalty for failure to construct devices, or to lock headgate and deliver key, or to maintain such devices.Any person, association or corporation who, being the owner of orcontrolling any ditch, conduit or other works for diverting water from anynatural source, shall fail or neglect to construct therein such head gatefor excluding the water therefrom and regulating the flow therein, or suchrating flume or measuring device for rating or measuring the flow of watertherein and determining the capacity thereof, as required by this act, orsuch waste gate and tailrace when thereunto lawfully required in pursuancethereof, or to maintain any such structure in good repair and condition, orto renew and replace the same whenever thereunto required, or to put andkeep upon such head gate a suitable keyed device or lock, or to deliver thekey thereof to the proper officer upon demand, shall be deemed guilty of amisdemeanor, and on conviction thereof shall pay a fine of not less thanten dollars and not exceeding three hundred dollars, in the discretion ofthe court wherein conviction shall be had.

      History:   L. 1891, ch. 133, art. 8, § 13; May 20; R.S. 1923, 42-3,101.

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