42-1103. OWNERS OF SPRINGS AND STREAMS — RIGHT TO RIGHT OF WAY. Where the owners of any spring, or the appropriators thereof, or of any stream, desire to conduct the waters thereof to any lands for the purposes of irrigation, or to any city or town for the use of the inhabitants thereof, or to any factory, or to any distant place, with the intent to apply the same to a beneficial use, and to accomplish such object it is necessary to cross with ditches, flumes or other conduit, the lands owned or occupied by others than the owners or appropriators of such spring or stream, the right of way over and across the lands of others for conducting said water may be acquired in the manner above provided.
History:
[(42-1103) 1881, p. 271; R.S., sec. 3185; reen. R.C. & C.L., sec. 3301; C.S., sec. 5648; I.C.A., sec. 41-1003.]