A person desiring to make use of the right granted in the preceding section is obliged:
(1) To prove that he can dispose of the water, and that it is sufficient for the use to which it be destined.
(2) To show that the right-of-way he requests is that which is most convenient and least onerous to a third person.
(3) To indemnify the owner of the servient tenement in the manner prescribed by the laws and regulations.
History —Civil Code, 1930, § 494.