45-112. Violations; classification; enforcement
A. A person is guilty of a class 2 misdemeanor who:
1. Knowingly and without authority opens, closes, changes or interferes with a lawfully established head gate, measuring device or water box.
2. Knowingly uses water or conducts into or through such person's ditch water lawfully denied such person by the water superintendent or other competent authority.
3. Without authority uses water to which another is entitled.
4. Without authority diverts water from a stream.
5. Knowingly wastes water to the detriment of another.
6. Diverts a stream to the injury or threatened injury of the lands of another.
7. Uses, stores or diverts water without or before the issuance of a permit to appropriate such waters.
8. Places or maintains an obstruction interfering with the use of works, or prevents convenient access thereto, when an appropriator of water has the lawful right of way for the storage, diversion or carriage of such water.
B. The possession or use of water when it has been lawfully denied by the water superintendent or other competent authority is prima facie evidence of the guilt of the person using it.
C. The water superintendent or his assistants may, within his district, arrest any person violating this section and deliver him to the sheriff or other police officer within the county, and upon delivery shall immediately make a complaint against such person before a justice of the peace. If no water superintendent has been appointed for a water district, any affected person within the district may make a complaint to the sheriff or other police officer within the county against a person who violates this section.
45-202. Opening fence without consent of owner; damages
A fence may be opened without consent of the owner in order to repair a public water ditch when it is necessary to use a team or vehicle to repair the ditch. On completion of the repair the fence shall be closed by the party opening it, and left as nearly as possible in the condition it was before the opening. The person opening the fence is liable for damages which occur by reason of the opening and entry.
45-204. Prohibition on canal owner to contract to carry water in excess of capacity of canal
A person owning or controlling a canal, flume or other means for carrying water from a stream or water supply to lands for irrigation of the lands, shall not contract to carry more water than the canal, flume or other means is estimated to carry at any one time, whether the contract is made for measured time or acreage quantity. Such person shall keep the canal, flume or other means in good repair and condition so that it will carry the full amount of water contracted to be carried or delivered.
45-205. Failure of owner to clean canals and make repairs; lien for work done; release of lien; liability
A. When a person owning or controlling a canal, flume or other means for carrying water permits them, or the head gates at the dam or other appliances for securing the water at the head, to become disrepaired or reduced in capacity to an extent that they will not carry the amount of water contracted to be delivered to the users thereof, and does not within a reasonable time repair, clean or restore the canal, flume or other means of carrying the water, the users may, after six days' notice in writing to the owner or person in control thereof, enter in and upon the canal, flume or other means, and make repairs, clean or restore any thereof.
B. The cost of repairs, cleaning or restoration shall be a lien on the canal, flume or other carrying means, enforceable as liens upon real property. Within thirty days after completion of the repairs, cleaning or restoration, a verified notice of the lien claimed, stating the expenditures actually made, itemizing the amounts expended and the purpose for which each was expended and stating the facts upon which the lien is claimed, shall be filed in the office of the county recorder of the county in which the work was done, and recorded in a book kept by him for that purpose.
C. When any lien established by this section has been satisfied, the lienholder shall, within thirty days after satisfaction, issue a release of the lien to the person against whom the lien was claimed. Such release shall be a recordable document. Failure to grant such a release shall subject the lienholder to liability in the amount of one thousand dollars and also to liability for actual damages.
Sec. 23-33. Escape of water prohibited.
It shall be unlawful for any person to willfully or negligently permit or cause the escape or flow of water from any source in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, to create a condition which constitutes a threat to the public health and safety, or to cause damage to the public streets or alleys of the City of Phoenix. Each violation of this section, and each day on which a violation occurs, shall be considered a separate offense.
City of Phoenix: (Code 1962, § 27-80; Ord. No. G-1068, § 2)
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