Article 25. A holder of a water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated subject to the requirements of just compensation and to the following conditions:
That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to use water; and
That the proposed easement is the most convenient and the least onerous to the servient estate.
Easements relating to the appropriation and use of waters may be modified by agreement of the contracting parties provided the same is not contrary to law or prejudicial to third persons.