Manghe of Ambabag, having a field near Baay, acquires a field near Ambabag, about a quarter of a mile upstream from the first. He threatens to put a line of troughs from one field to another so as to supply sufficient water to the lower field. This action would rob intervening fields of their accustomed water supply, and would be illegal.
A spring belongs to him on whose land it is situated, and so also does all the water issuing from the spring. The owner may sell the surplus water to whom he pleases. The water rights so sold are perpetual. Thus:
A has a rice field in which there is a spring. He sells the water to B, whose field is to one side—perhaps at a considerable distance from A’s. C has a field immediately below A’s. He purchases A’s field and unites it with his own. But he may not divert the water from A’s original field to his own original field, unless he buy the water right from B.
74. The law as to irrigation ditches.—Constructors of an irrigation ditch may sell interest in the ditch. The ditch thus shared with others becomes an equal burden as to upkeep on all the owners.
The constructors of an irrigation ditch who have sold part of the water from their ditch, must share the water in time of water scarcity with those to whom they have sold, in proportion to the respective areas of the rice fields. That is, every owner of an irrigation ditch is entitled to a share proportionate to the area of his rice land, of the water diverted by means of the ditch.
Repetition of the malicious destruction of an irrigation ditch, or the turning of the water from it or out of it, is an offense punishable by fine or even in some cases by death. The first offense, when the culprit is discovered, is not punished; but there is a warning against repetition.
Diversion of water from an irrigation ditch in which the diverter has no interest is not a very serious offense. On the first offense the diverter is warned. If he repeats it, all the water is drained from his field or he is given a beating.
[1] This payment is based on ideas of magic. It tends to cause the field to produce in like manner: that is, to produce enough and a surplus besides.