The owner or owners of any ditch, canal or other structure for carrying or storing water, shall construct a substantial bridge where the same crosses any public road, with a passageway not less than fourteen feet wide; or reconstruct the road in a substantial manner and in a convenient location for public travel. Any violation of the provisions of this section shall be a misdemeanor. The county commissioners shall be authorized to construct such bridge or road, if not built by the owner of the work within three days after the obstruction of the road, and may recover the expense thereof and costs in a civil suit, unless the same shall be paid by the owner of the works within ten days after demand therefor. The county commissioners may make reasonable requirements as to the size and character of such bridges along public highways, or for the necessary reconstruction of roads, and upon failure to comply therewith, may do the necessary work and collect the expense thereof and costs as hereinbefore provided. After the construction of such bridge or road as part of a public highway, the same shall be maintained by the county commissioners. The owner or owners of any ditch, canal or other structure for carrying or storing water shall keep the same in good repair at the crossing of any highway or publicly traveled road or at other places where the water therefrom may flow over or in anywise injure any road or highway; and the commissioners shall require necessary repairs for the protection of the roads to be made or shall make them at the expense of the owners of such works and collect the expense thereof and costs as herein provided.
History: Laws 1907, ch. 49, § 49; Code 1915, § 5708; C.S. 1929, § 151-161; 1941 Comp., § 77-702; 1953 Comp., § 75-7-2.
ANNOTATIONSCross references. — For penalty for violation of this section, see 72-8-6 NMSA 1978.
For penalty for flooding highway, see 67-7-6 and 67-7-7 NMSA 1978.
For construction of bridges by mayordomo, see 67-7-8 and 73-2-43 NMSA 1978.
For liability for failure to construct good bridge at highway, see 67-7-9 NMSA 1978.
For obstruction of drainage district ditches, see 73-7-55 NMSA 1978.
For penalty for injuring conservancy district works, see 73-17-6 NMSA 1978.
It is duty of acequia owners to build bridges, and of county commissioners to maintain them. 1917 Op. Att'y Gen. No. 17-2011.
Maintenance or reconstruction. — When owner of ditch or canal crossing highway has once constructed substantial bridge meeting requirements of county commissioners, maintenance thereafter or reconstructing devolves on commissioners. 1930 Op. Att'y Gen. No. 30-64.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 76.
93 C.J.S. Waters § 186.