Each estate adjacent to both present or future cart tracks […] shall have an open trench three hands wide and two hands deep, upon the pain of paying the owner [of the estate] the indicated amount [of money] for the case of lost waters ['aguas perdidas', i. e. irrigation water overflowing other estates or roads], whenever the water had flooded the track as a consequence of not complying with this duty, without being possible to be exempted from the payment of the fine in case  the water had overflown from the banks.