§ 69-5-717 — Application by owner to use ditch or drain - Designation of use

An owner desiring to exercise the right to use the ditch, drain, or watercourse, as an outlet for lateral drain or drains, before doing so, shall make application to the board of directors of the district in which the land is situated, to designate the place and manner in which the lateral shall cross the right-of-way, and empty into the ditch, drain, or watercourse. Upon such application being made, it shall be the duty of the board of directors to investigate the matter and make such designation. It is unlawful for any landowner to make any ditch or lateral, upon and across the right-of-way, and into the main ditch, drain, or watercourse, otherwise than as designated by the board of directors. It is unlawful for any landowner to cut any lateral, ditch, or drain, and stop the same at or near the margin of the right-of-way of the district, so as to empty water into and upon the right-of-way, except by the written consent of the board of directors of the district.

Legislative History

Acts 1915, ch. 63, §6; Shan., § 3871a98; Code 1932, § 4326; T.C.A. (orig. ed.), § 70-1223; T.C.A. § 69-6-717.