89 



REPAIRING A DITCH OR DRAIN' TO PREVENT DAMAGE. 



Article 16. A party who-se land is injured by a ditch or drain which i)asseff! through 

 it, whether such injury be due to a partial filling in of the ditch or drain or to inse- 

 cure construction of the banks of the same, may appeal to the governor, who, after 

 consulting with the inspector of irrigation or with the chief engineer of the province, 

 may order the closing of the ditch or drain or may compel the owners to clean it if 

 he deems this sufficient. If the ditch or drain is essential for serving other lands, 

 the governor will require the owner or owners of the same to keep it in good condi- 

 tion or pay damages to those injured. 



CHANGING THE LOCATION OF A DITCH WHICH DOES NOT MEET THE DEMANDS OF THE 



IRRIG.\T0RS under IT. 



Article 17. When a party finds that a ditch passing through his land makes the 

 irrigation thereof difficult, and he desires to replace the channel by another, lie may 

 present a petition to the governor, who will transmit it, accompanied by his recom- 

 mendations and advice, to the inspector of irrigation, who, after having consulteil 

 with the governor, will authorize the closing of the ditch and the substitution of 

 another at the expense of the owner of the land, provided that the new ditch is in 

 all respects as good as the first and fulfills the required conditions, and that the origi- 

 nal channel be not closed until the new one is in condition to he used. 



But if the ditch concerns only the owner of the land through which it jiasses, he 

 may replace the same by another channel upon his own land without having to obtain 

 a permit. 



difficulties WHICH MAY ARISE IN (ONNECTION WITH THE KEI-AIK OF DITCHES. 



Article 18. If any party disagrees with his associates as to whether or not a canal 

 should be repaired, and so notifies the governor, the latter shall delegate the chief 

 engineer to make investigation on the ground and ascertain the facts. If it is con- 

 sidered necessary to have the repairs made, the governor will notify the interested 

 parties to do so. 



But if the parties are found to be unal)le to j)erform the neces.sary work, either for 

 want of labor or money, the government may defray the expenses necessary for 

 making the repairs and reimburse itself for the money so expended by numerous 

 payments from those benefited, the amounts of such payments to be fixed by the 

 province according to the means of the parties. The government may renounce all 

 claims for reimbursement if the parties are recognized as being poor. 



The minister of the interior will decide as to whether poverty exists or not 



DESTRUCTION OF DIKES OR FILLING IN OF DITCHES OR DRAINS. 



Article 19. If any party complains to the governor that one of his associates in an 

 irrigation ditch or drain maintained at the expense of those interested, under the 

 provisions of article 2, has destroyed the Vjanks or has filled in or encroached upon 

 a part thereof, the governor will communicate the grievance, accompanied with his 

 recommendations and advice, to the inspector of irrigation, who will make a personal 

 examination of the ground or delegate the chief engineer of the province to do so, 

 after having given notice to those interested at least fourteen days in advance. If it 

 is found that dikes have been destroyed or channels filled in, the inspector will make 

 an estimate of the cost of reestaljlishing the works as they formerly stood, and the 

 governor will require, according to law, the offender to restore the property he has 

 damaged. In case he refuses he will l>e obliged to bear the expense of such repairs. 



In case an owner or a tenant complains to the governor that some one has inter- 

 cepted the water of a ditch which serves him for irrigation, the governor, as stated 

 in the foregoing paragraph, will transmit the complaint, accompanied with his recom- 



