42-1105. RIGHT OF WAY FOR RIPARIAN PROPRIETORS. All persons, companies and corporations owning or having the possessory title or right to lands adjacent to any stream, have the right to place in the channel or upon the banks or margin of the same, rams or other machines for the purpose of raising the waters thereof to a level above the banks, requisite for the flow thereof to and upon such adjacent lands; and the right of way over and across the lands of others, for conducting said waters, may be acquired in the manner prescribed in the following section.
History:
[(42-1105) 1881, p. 271; R.S., sec. 3184; am. R.C. & C.L., sec. 3303; C.S., sec. 5650; I.C.A., sec. 41-1005.]