7-31-4206. Procedure to maintain open ditch. (1) If a person claims that the water has not been abandoned and claims the right to use water in a ditch that the city or town has declared a public nuisance, he shall notify the city or town before the expiration of the 60-day period that he wishes to continue the use of such water within the city or town and that he, individually or with others, will provide such protective devices as ordered by the city or town.
     (2) If such notice is given, the person or persons claiming such right or rights shall have a period not to exceed 6 months to remove the public nuisance in the manner ordered by the city or town.
     (3) If the city or town approves the work, it shall permit the water to flow into the city or town. If the protective device is not provided or if it does not meet specifications required by the city or town, the city or town may designate such ditch abandoned and order it closed or filled when the 6-month period ends.

     History: En. Sec. 5, Ch. 63, L. 1961; R.C.M. 1947, 11-4005.