[Prior water rights protected.]

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Nothing herein contained shall be deemed to authorize any person to divert the waters of any river, creek, stream, canal or reservoir to the detriment of any person having a prior right to the waters of such river, creek, stream, canal or reservoir.

History: Laws 1919, ch. 41, § 30; C.S. 1929, § 73-230; 1941 Comp., § 77-2134; 1953 Comp., § 75-22-34.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation §§ 49 to 51.

Right of owner of land within reclamation project in respect of which a water right was allowed upon application pursuant to reclamation act, to a perpetual right beyond control of federal government for a sufficient amount beneficially to irrigate the land, 115 A.L.R. 1320.

Relocation of easements (other than those originally arising by necessity); rights as between private parties, 80 A.L.R.2d 743.

93 C.J.S. Waters §§ 58 to 70.


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