22.16 Canals and Waterways

• Jurisdiction: Arizona

22.16 Canals and Waterways. It remains the law in Arizona that it is not negligent “to carry water for farming purposes in an open ditch or open flume.”¹⁴⁶ This immunity extends beyond the mere water: a plaintiff shocked at a pump house and the parents of a child who drowned as a result of a faulty grate were both precluded under this doctrine.¹⁴⁷

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Notes:

^[146] Id. at 326-27, 458 P.2d at 530-31 (quoting City of Glendale v. Sutter, 54 Ariz. 326, 330, 95 P.2d 569, 570 (1930)).

^[147] Lee v. Salt River...