1. Any person or persons who have constructed or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose of irrigating and cultivating the same, or who own or control or may own and control any such ditch or flume, and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of constructing and maintaining a waste ditch and the necessary flumes connected therewith. 2. When such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in NRS 536.060 to 536.090 , inclusive.
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