Section 20: Works on opposite bank
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Works on opposite bank
(1) A proprietor who wishes to have his property irrigated by any water
which he has a right to use, or dispose of, may subject to the prior payment
of a fair indemnity, have such works laid on the property of the opposite
riverain as may be necessary for him obtaining his portion of water.
(2) The works must be so constructed and kept up by the proprietor as
not to injure any neighbouring property.
(3) No building, yard or garden adjacent to a dwelling-house, shall be
subject to the servitude of subsection (1).
R25 – 5 [Issue 5]
Rivers and Canals Act
(4) A riverain on whose property works are laid under subsection (1)
may, on contributing one half of the cost of construction and repair, claim
the right to use the works in common with the proprietor by whom they
were constructed.
(5) No compensation shall be due to either party under subsection (4).
(6) Where the right to use the works in common is not claimed until after
they have been commenced, the party making the claim shall be liable to
bear any additional expense that may arise from any alteration made in the
works, to apply them towards the irrigation of his land.
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