§ 18-15-705 — Petition required

(a) If a dam is proposed to be erected pursuant to § 18-15-704 , the person proposing to erect the dam, if it is likely to overflow any lands on the stream belonging to other persons, shall file his or her petition for that purpose in the circuit court of the county in which he or she proposes to erect his or her mill or other machinery connected with the dam. (b) If a mill or other dam is proposed to be erected near a county line so as to overflow lands in an adjoining county, then the person proposing to erect the dam shall apply to the circuit court of both counties for the relief provided in this subchapter. (c) The petitioner shall set forth: (1) A description of the land and an abstract of the title thereto; (2) The name of the watercourse; (3) A description of the point at which he or she proposes to erect his or her dam; (4) The altitude of the dam which he or she proposes to erect; and (5) The kind of mill and other machinery which he or she proposes to connect with the dam. Rev. Stat., ch. 98, §§ 3-5; C. & M. Dig., §§ 3945-3947; Pope's Dig., §§ 4946-4948; A.S.A. 1947, §§ 35-503--35-505.