§ 41-7-314 — Power to enter land to repair irrigation works; construction of ditches across railway rights-of-way

(a) The commissioners, their agents, servants, and
employees shall have the right to go upon all lands along any
reservoirs, ditch, canal, or embankment in their district, to
inspect, deepen, widen and repair the same whenever necessary,
doing no unnecessary damage, and shall not be liable for
trespass therefor.
(b) Said commissioners shall have the right to lay out and
construct all necessary canals, ditches, drains and embankments
across any railway right-of-way or yard within their district,
and any railway company whose right-of-way or yard is crossed by
the line of any proposed canal, ditch, drain or embankment shall
open its right-of-way or yard and permit such canal, ditch,
drain or embankment to cross the same as soon as such canal,
ditch, drain or embankment is constructed to such right-of-way.
Upon receiving fifteen (15) days notice in writing any railway
company across whose right-of-way or yard any such canal, ditch,
drain or embankment is laid out, shall open its right-of-way or
yard and permit said commissioners and their contractors, agents
and employees to construct such canal, ditch, drain or
embankment across said right-of-way or yard. For every day that
such railway company fails, after the end of said fifteen (15)
days to open its right-of-way or yard as hereinbefore required,
it shall forfeit twenty-five dollars ($25.00) to said irrigation
district to be collected in an action as other forfeitures are
collected, or to be set off against any damages that have been
awarded to such railway company. If such railway company fails
to open its right-of-way or yard along the line of any such
canal, ditch, drain or embankment, the commissioners may at any
time after the expiration of said fifteen (15) days open such
right-of-way or yard along the line of such canal, ditch, drain
or embankment and construct the same. Every irrigation district
shall be liable to the railway company whose right-of-way or
yard is crossed by any canal, ditch, drain or embankment of the
district, for the reasonable cost of any culverts or bridges for
railway purposes made necessary by the crossing of such
right-of-way or yard by any such canal, ditch, drain or
embankment, but the cost so entailed shall not be greater than
the average cost of other culverts and bridges of similar size
installed on the same division of the railway, and crossing
streams, canals, ditches or drains of approximately the same
width and depth within a distance of one hundred (100) miles of
the canals, ditches or drains of said district.