§ 61-07-20 — Provisions of title not to take away vested rights

None of the provisions of this title relating to irrigation works shall be deemed to authorize
the district or any person to divert the waters of any river, creek, stream, canal, or ditch from its
channel, whereby the vested rights of any person having any interest in such river, creek,
stream, canal, or ditch, or the waters thereof, are invaded or interfered with unless previous
compensation is ascertained and paid therefor, under the laws of this state authorizing the
taking of private property for public use. However, if the district exercises the authority of
eminent domain against any vested water rights of any person, the district shall be required to
offer an alternative water supply of equal quantity and comparable quality, either through the
district works or otherwise, to such person.