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.
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