Section 80. Supplying deficiencies of water  


Latest version.
  • Whenever the navigation of any
      part of the canal system is endangered by  reason  of  a  deficiency  of
      water, the corporation shall, without delay, supply such deficiency. For
      that  purpose it shall resume the temporary use of all the surplus water
      leased, licensed or withdrawn under revocable permit from  the  part  of
      the  canal  system  where  such  deficiency  exists. If there still be a
      deficiency of water, it may enter upon and use all  lands,  streams  and
      waters  which, in its judgment, may be necessary or proper to be used to
      procure a temporary supply of water for such part of the  canal  system.
      The  corporation may enter into an agreement with the owner or owners of
      any property used for such temporary purpose under this section covering
      the amount of damage sustained. Such  agreement  when  approved  by  the
      attorney-general  shall become an obligation of the corporation and paid
      from moneys available therefor. In case no agreement is consummated  the
      amount of damages sustained may be determined as provided in section one
      hundred  twenty of this chapter. No damages shall be allowed in any case
      for resuming the use of any surplus water which has been withdrawn under
      lease, license or revocable permit.