46A-5-26. Liability for negligence in delivering or failure to deliver water--Notice to district chair--Time for service of notice and action. Every irrigation district within this state is liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations if the person suffering damage, within thirty days after such negligence or failure, serves a notice in writing on the chair of the board of directors of the district, setting forth the acts or omissions on the part of the district which it is claimed constitute such negligence or failure, and that the person expects to hold the district liable for whatever damages may result. Such action may be brought not later than one year from the time the cause of action accrues.
Source: SDC 1939, § 61.0853; SDCL § 46-13-26; SL 2011, ch 165, § 389.
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