§ 41-3-325 — Excess stored water to be furnished applicants; preferences; rates

The owner or owners of a reservoir impounding a greater quantity
of water than the owner or owners thereof necessarily use for
irrigation and other beneficial purposes in connection with
their own lands shall, when application is made to them for that
purpose, furnish such surplus water at reasonable rates to the
owners of lands lying under and capable of being irrigated from
such reservoir for the purpose of irrigating and rendering the
same productive, and maintaining their productiveness, and in
case of refusal so to do, the owner or owners of such reservoir
may be compelled by proper proceedings to furnish such water on
such reasonable terms as to the court may seem meet and proper.
The water user who may have used any water from such reservoir
for any particular year shall have the preference as to the use
of the same water for the next ensuing year. The state engineer,
the water commissioner of the particular district and the water
superintendent having jurisdiction over the region of any
reservoir, shall together constitute a board of special
commissioners, and shall have power, when application is made to
them by either party interested, to establish reasonable maximum
rates to be charged for the use of water from any reservoir,
whether furnished by individuals or a corporation. The
establishment of such rate shall be made only after notice given
and public hearing had, at which hearing the applicants may
produce witnesses and evidence, and such witnesses must be sworn
and may be cross-examined. No commissioner shall sit upon such
board and determine such rate who is employed by one (1) of the
applicants or if the relationship of debtor or creditor exists
between him and one (1) of the applicants. Nothing contained in
this section shall be construed to deny the right to store water
for use for more than one (1) year.