§ 24-1-116 — Restrictions upon damming streams; generally

No person or persons, company or corporation, or association of
persons, shall be permitted or allowed to dam the water or
waters of any stream or irrigating or mining ditch or any
waterway so that the water thus dammed, or any part thereof,
shall overflow any public road or highway, or undermine, weaken
or damage any bridge, or any walls or embankment of any road,
nor shall any person, association or corporation owning or
controlling any ditch or irrigated lands, allow any wastewater
from the same to flow across or upon any public road or highway.
Any person finding a public road or highway or any bridge
flooded or damaged by such wastewater may report the same to the
road supervisor of the county in which such road, highway or
bridge may be located, who shall make an examination and report
to the county attorney for the county. If the report of the said
road supervisor shows that such damage has occurred, it shall
then be the duty of the county attorney to institute proceedings
against the party or parties whose negligence has caused such
damage.