§ 30-1-118 — Mining claims subject to right-of-way; construction of ditch or flume

All mining claims or property now located, or which may
hereafter be located within this state, shall be subject to the
right-of-way of any ditch or flume for mining purposes, or of
any tramway, pack-trail or wagon road, whether now in use, or
which may hereafter be laid out across any such location, claim
or property; provided, always, that such right-of-way shall not
be exercised against any mining location, claim or property duly
made and recorded as herein required, and not abandoned prior to
the establishment of any such ditch, flume, tramway, pack-trail
or wagon road, without the consent of the owner or owners,
except in condemnation, as in the case of land taken for public
highways. Consent to the location of the easement above
enumerated over any mineral claim, location or property, shall
be in writing; and provided, further, that any such ditch or
flume shall be so constructed that water therefrom shall not
injure vested rights by flooding or otherwise.