(a)Any person who, acting directly or indirectly through
an agent or representative, in trespass or in other violation of
the rights of a user, wrongfully modifies an existing irrigation
ditch or other irrigation facility in any manner that diminishes
the capacity or adversely affects the utility of the ditch or
irrigation facility is liable to the users for all restoration
costs. If restoration is not feasible and the effort or cost of
maintaining the modified ditch or facility is increased, then
the person is thereafter liable to the users for the amount of
increased maintenance that results from the modifications.
(b)For cases in which restoration is feasible, any
adversely affected user may serve a written demand for
restoration. If restoration is not feasible and requires
increased
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(a) Any person who, acting directly or indirectly through
an agent or representative, in trespass or in other violation of
the rights of a user, wrongfully modifies an existing irrigation
ditch or other irrigation facility in any manner that diminishes
the capacity or adversely affects the utility of the ditch or
irrigation facility is liable to the users for all restoration
costs. If restoration is not feasible and the effort or cost of
maintaining the modified ditch or facility is increased, then
the person is thereafter liable to the users for the amount of
increased maintenance that results from the modifications.
(b) For cases in which restoration is feasible, any
adversely affected user may serve a written demand for
restoration. If restoration is not feasible and requires
increased maintenance, efforts or costs, any adversely affected
user may serve a written demand for immediate and continued
maintenance. A copy of this section shall be annexed to the
written demand. The demand shall be delivered to the actor in
person, or if the actor cannot be found then the demand shall be
delivered conspicuously to the actor’s usual place of business
or residence. If the actor fails to accomplish complete
restoration or all the currently necessary maintenance within
forty-eight (48) hours after the written demand is delivered in
accordance with this subsection, the user may perform the
restoration and may do the maintenance that is then necessary,
as well as that which becomes necessary thereafter, and may
recover the reasonable costs thereof from the actor. If the
modification is so gross that restoration cannot reasonably be
completed within the forty-eight (48) hour period, then the duty
to restore is satisfied when:
(i) Within twenty-four (24) hours after delivery of
the demand, the actor undertakes a good faith effort to mitigate
harm to other users and to restore the facility and the effort
is:
(A) Commensurate with the magnitude of harm or
potential harm to the users; and
(B) Continuously and diligently pursued to
completion in a timely manner.
(c) Every user who provides the restoration or maintenance
shall have a lien on the actor’s interest or property that is
involved in the modification. If the property involved is land,
the lien extends to one (1) acre, unless the modification
extends or covers more than one (1) acre, in which case the lien
shall extend to all the additional land covered by the
modification. If the land subject to the modification is
located in any city, town or subdivision, the lien shall extend
to each entire lot upon which the modification is located. If
the actor's interest or property is only a ditch right or
reservoir right, or such, then the one (1) acre shall be at the
site where the water under the actor's ditch or reservoir right,
or other interest is first applied to beneficial use.
(d) In order to have a perfected lien, a lien claimant
shall file with the county clerk a lien statement that conforms
to the requirements of W.S. 29-1-312, and shall notify the last
known record owner as provided in W.S. 29-1-312. The county
clerk shall record and index the statement as provided in W.S.