42-902. INJURING DITCH OR HEADGATE — TRIPLE DAMAGES. Any person who, without the consent of the watermaster of the district, diverts any water from the ditch or channel where it was placed, or caused, or left to run by the watermaster or his deputies, or who shuts or opens any ditch, gate or dam with intent so to divert any water, and thereby deprive any person of the use of the same during any part of the time he is entitled to such use, or who, without the consent of the watermaster, cuts any ditch or the banks thereof, or breaks or destroys any gate or flume, is liable in a civil action to any person injured thereby in three times the actual damage sustained in consequence of any such wrongful act or acts.
History:
[(42-902) 1881, p. 275; R.S., sec. 3205; am. R.C. & C.L., sec. 3285; C.S., sec. 5627; I.C.A., sec. 41-802.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 9 - DISTRIBUTION OF WATER TO CONSUMERS
Section 42-901 - APPOINTMENT OF WATERMASTER — APPOINTMENT BY COURT.
Section 42-902 - INJURING DITCH OR HEADGATE — TRIPLE DAMAGES.
Section 42-903 - HEADGATES AND MEASURING DEVICES — WATER COMPANIES TO FURNISH.
Section 42-904 - DIVISION OF LAND INTO CLASSES BY PRIORITY.
Section 42-905 - POINT OF DELIVERY.
Section 42-906 - AMOUNT AND LIEN OF RENTAL OR MAINTENANCE.
Section 42-907 - DUTIES OF CONSUMERS — APPOINTMENT OF MANAGER OF DISTRIBUTING LATERAL.
Section 42-908 - MANAGER OF DISTRIBUTING LATERAL — ALTERNATIVE METHOD OF SELECTION.
Section 42-911 - USERS OF WATER DEFINED.
Section 42-912 - COMPANY TO FURNISH WATER ON DEMAND.
Section 42-913 - APPLICATION FOR WATER.
Section 42-915 - CONSUMER’S TITLE NOT AFFECTED BY TRANSFER OF DITCH.