85-7-1912. Exchange of water by board. (1) Whenever any canal constructed, owned, or controlled by the district crosses any creek, stream, water channel or course, the water of which is used to irrigate land lying below such canal, the district shall have the right to contract with the owner or owners of the right to the use of the water or waters in any such stream, creek, water channel or course for an exchange of water and to supply him with water from the district system. The contract shall be in writing, signed and acknowledged by all the parties thereto before some officer authorized to take acknowledgments, and shall be filed and recorded in the office of the clerk and recorder of the county in which the creek, stream, water channel or course is situated. The acknowledgment shall be certified by such officer in the manner that deeds are now required to be certified to entitle them to be recorded. Thereafter, such district shall have the right to supply such land below the canal, whether such land is included in the district or not, with water from the works of the district, and the owner or lessee of such land shall, in such case, be furnished with the same quantity of water as that to which such owner or lessee would be entitled out of such creek, stream, water channel or course had the district works not been built.
     (2) The district shall have the right to appropriate and take possession of the water so replaced and shall have the same right to such water as the owner or lessee of the land had, so long as such water shall be replaced by a like quantity of water from such works. The appropriating and taking of such water by the district shall never deprive such owner or lessee of the right to retake and use the same should such owner or lessee at any time be prevented from having or using a like quantity of water from such works. The district shall also have the right to make appropriation and take possession of such water at any point and to sell, lease, or use such water on any land, either above or below the canal, and the appropriation of such water at any point or selling, leasing, or using the same shall not prejudice the right of the district to the water and shall not increase the rights of the owner or owners of any other water right on such creek, stream, water channel or course.
     (3) All water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, the rules and regulations of the secretary of the interior, and the provisions of said contract in relation thereto.

     History: En. Sec. 36, Ch. 146, L. 1909; amd. Sec. 9, Ch. 145, L. 1915; re-en. Sec. 7206, R.C.M. 1921; re-en. Sec. 7206, R.C.M. 1935; R.C.M. 1947, 89-1611.