1. If any person or persons being the owner or owners, superintendent or managing agent of any water ditch, flume or artificial watercourse within this state, or other person or corporation, shall willfully, maliciously, negligently or carelessly allow or let the water from the ditch, flume or artificial watercourse run or flow into or upon any public road, highway or common street or alley of any city or town within this state, so as to make such public road, highway, street or alley impassable or inconvenient to travel, or so as to injure the same, every person so offending shall be punished by a fine of not more than $500.
2. Whenever the water from any ditch, flume or artificial watercourse in this state shall run or flow into or upon any public road, highway, street or alley of any city or town of this state, and the road supervisor within whose road district such public road, highway, street or alley is situated, if there be one, or if there is no road supervisor, then any member of the board of county commissioners of the county within which such public road, highway, street or alley is situated, shall notify the owner or owners, superintendent or managing agent of such ditch, flume or artificial watercourse, that the water from the same is or has been flowing into or upon the public road, highway, street or alley, making the same impassable or inconvenient to travel or pass, or is injuring or has injured the same, and if the owner or owners, or superintendent or managing agent of the ditch, flume or artificial watercourse refuse or neglect for 5 days to repair the same and prevent the water from flowing into or upon the public road, highway, street or alley, it shall be prima facie evidence of negligence.
[1911 C&P § 505; RL § 6770; NCL § 10452] + [1911 C&P § 506; RL § 6771; NCL § 10453] — (NRS A 1967, 570)