42-907. DUTIES OF CONSUMERS — APPOINTMENT OF MANAGER OF DISTRIBUTING LATERAL. Where two (2) or more parties take water from said ditch, canal or reservoir at the same point, to be conveyed to their respective premises for any distance through the same lateral or distributing ditch, such parties shall, on or before April first of each year, select some person to have charge during the succeeding season of the distribution of water from such lateral, whose duty it shall be to ascertain and see that the amount of water to which each of the parties interested is entitled is properly apportioned and distributed. It shall be his further duty to see that the said person, association or corporation, contracting to furnish such water shall deliver the amount as provided in section 42-905, [Idaho Code,] and in case of dispute between such person and the said person, association or corporation as to the quantity of water to be delivered, or the amount actually delivered, the matter shall be referred to the department of water resources. The parties entitled to said water shall keep their ditches and laterals in good condition for carrying and distributing the same. In case the parties entitled to the use of water as in this section stated shall neglect or refuse to perform the duties imposed upon them by this section, they shall have no cause for damage against the person, association or corporation furnishing said water for failure to properly furnish and distribute the same.
History:
[(42-907) 1895, p. 174, part of sec. 17; reen. R.C., sec. 3288; reen. C.L., sec. 3288b; C.S., sec. 5632; I.C.A., sec. 41-807.]
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.