§ 17-12-103 — Proper condition of ditches

Every ditch company organized under the provisions of this
article shall be required to keep the banks of their ditch or
ditches in good condition, so that the water shall not be
allowed to escape from the same, to the injury of any mining
claim, road, ditch or other property located and held prior to
the location of such ditch; and whenever it is necessary to
convey any ditch over, or across, or above any lode or mining
claim, the company shall, if necessary to keep the water of said
ditch out from any claim, flume the ditch so far as necessary to
protect such claim or property from the water of said ditch;
provided, that in all cases where the ditch has priority of
right by location, the owners of such claim or property shall be
compelled to protect themselves from any damages that might be
created by said ditch, and the owner of such claim shall be
liable for any damages resulting to said ditch by reason of the
works or operations performed on such claim or property.