§ 36-7-326 — Assessments for operation; failure to pay; enforcement of lien; costs and fees; injunction bond

Companies, associations, or corporations operating or
controlling irrigation systems, ditches, or reservoirs or other
devices for the distribution of water for irrigation shall be
authorized to levy and collect such reasonable and necessary
assessments for the cost of operation, maintenance, repairs and
improvements of such irrigation systems, ditches or reservoirs,
and for the purpose of repaying money borrowed for such
purposes, as may be authorized by a majority of the members of
such companies, or associations, or fixed in the manner provided
by the bylaws of such corporation. Payment of such assessments
shall be the necessary requisite for the use of such reservoirs,
irrigation systems or ditches for the storage or conveyance of
water for the lands deeded or described in contracts for or
deeds to proportionate interests in such reservoirs, irrigation
systems and ditches upon which assessments are made, and in the
event such assessments remain due and unpaid more than ten (10)
days after the date fixed as the date of payment for the
purpose, such companies, associations and corporations are
authorized to close down any headgate or other diverting or
measuring device used by any delinquent, or by any person in
possession of or using such lands, and to refuse to allow the
use of such reservoirs, irrigation systems and ditches for the
purpose of storing water for or conveying water to the lands of
such delinquents and refuse such delinquents the right to vote
at any meeting of such company, association, or corporation,
until such repair or maintenance assessment shall have been
paid. Such companies, associations and corporations shall have a
lien upon the proportionate interest in such reservoirs,
irrigation systems and ditches, which shall become a first lien
upon the lands deeded or described in contracts for or deeds to
such proportionate interests for the amount of any unpaid
assessments which may be enforced in a court of competent
jurisdiction, as in the case of other liens. In all suits or
actions to obtain a judgment on such account and to enforce the
lien, when the plaintiff or complainant shall obtain judgment or
decree, the costs, together with twenty-five dollars ($25.00)
for attorney's fees, shall be taxed or recovered from the
adverse party. No restraining order, or order of injunction
shall be issued against any such company, association or
corporation unless applicant for same shall file a sufficient
bond conditioned upon the immediate payment of all delinquent
assessments if such shall be found by a competent court to be
reasonable and just. This act [section] shall include all lands
under any of the above named systems if water has been used or
is being used in any one irrigation season and providing that
water is in said canal, reservoir or ditches, subject to use of
owners.