§ 11-37-103 — Appropriation of land and water rights.

A. The municipal governing body may dam any river or stream which is not navigable, and condemn, appropriate and divert the water from such river or stream, or so much thereof, as may be deemed necessary; and may condemn and appropriate in the name of and for the use of the municipality any land located in or outside of the corporate limits of the municipality as may be necessary for the construction and operation of waterworks. The appropriation of land or of water rights by any municipality shall be governed by the procedure prescribed for the condemnation of land for railway purposes. The water and the right to divert the water may be described, at the option of the municipality, in capacity by a given number of gallons daily, or as a quantity sufficient for the purposes. Upon the payment made or deposit of the award of the commissioners to the clerk of the district court, the municipality shall be vested with the perpetual right to use the land so condemned and the right to divert the water so condemned for the purposes mentioned herein. The exercise of this power shall be a continuing right and not exhausted by one or more exercises thereof. B. The provisions of this section and Sections 37-104 and 37-105 of this title shall be construed as cumulative to the rights and powers already possessed by municipalities to purchase, take and condemn land for public uses.

Legislative History

Laws 1977, c. 256, § 37-103, eff. July 1, 1978.