73-3-19. Right of entry on private property -- By applicant -- Bond -- Priority.
Whenever any applicant for the use of water from any stream or water source must
necessarily enter upon private property in order to make a survey to secure the required
information for making a water filing and is refused by the owner or possessor of such property
such right of entry, he may petition the district court for an order granting such right, and after
notice and hearing, such court may grant such permission, on security being given to pay all
damage caused thereby to the owner of such property. In such case the priority of such
application shall date from the filing of such petition with the district court as aforesaid.
No Change Since 1953
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Last revised: Thursday, May 28, 2009