The course of any mill ditch, already constructed shall not be changed, unless it be through some irrigating ditch to the cultivated lands which shall have the preference.
History: Laws 1899, ch. 61, § 1; Code 1915, § 5798; C.S. 1929, § 151-601; 1941 Comp., § 77-1701; 1953 Comp., § 75-16-1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Mill ditch easement. — Adverse, continuous and uninterrupted use for 21 years for milling purposes of water from an artificial ditch supplied from a nonnavigable river, with knowledge and acquiescence of owners of adjoining land over which the water flows, established an easement in the absence of permission or license, and subsequent purchaser of such lands takes subject to such easement, having only a qualified right to use of so much water as will not interfere with the mill. Trambley v. Luterman, 1891-NMSC-016, 6 N.M. 15, 27 P. 312.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters § 20.
Right to hasten the flow and increase the volume of water in a stream by alterations or improvements in the bed, 9 A.L.R. 1211.
93 C.J.S. Waters §§ 38, 144 to 152.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
