§ 41-5-102 — Ditches; jointly owned; action to recover proportionate share of work

In all cases where irrigating ditches are owned by two (2) or
more persons and one (1) or more of such persons shall fail or
neglect to do his, her or their proportionate share of the work
necessary for the proper maintenance and operation of such ditch
or ditches or to construct suitable head gates or measuring
devices at the points where water is diverted from the main
ditch, such owner or owners desiring the performance of such
work as is reasonably necessary to maintain the ditch, may,
after having given ten (10) days written notice to such owner or
owners who have failed to perform his, her or their
proportionate share of such work, necessary for the operation
and maintenance of said ditch or ditches, perform his, her or
their share of such work, and recover therefor from such person
or persons so failing to perform his, her or their share of such
work in any competent court having jurisdiction of the matter,
the expense or value of such work or labor so performed.