§ 41-5-105 — When capital stock of irrigation companies assessable for maintenance

Any ditch or irrigation company or association, all the property
or capital stock of which is owned by farmers or others, owning
lands under the line of such company's or association's ditch,
and receiving water therefrom, by reason of their being owners
or stockholders in said company or association, shall have the
right to levy and collect such annual assessments on the capital
stock of said company, or members or owners of such association,
whether said capital stock be fully paid up or otherwise, as may
be deemed necessary by the trustees of said company, or a
majority of the stock of such association, for the purpose of
maintaining its ditches, flumes, tunnels, and the payment of all
necessary expenses of such company; provided, that this section
shall only apply to such water companies or associations whose
capital stock or ditch property is wholly owned by persons or
corporations owning land under the line of their ditches, and
using water therefrom by reason of being such stockholders in
said companies; and provided further, that said company or
association shall have the right to close the headgate and
refuse water to all such stockholders, owners or members who
fail or refuse to pay said assessments after ten (10) days
notice thereof, in writing, made by the president, agent or
attorney of said company or association.