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<br />(c) The amount of water actually coming into the <br />district to supply such ditches, canals and <br />reservoirs; <br />(d) Whether such supply is on the increase or de- <br />crease; <br />(e) What ditches, canals or reservoirs are at that <br />time without their proper SUPplYi <br />(f) The probability os to what the supply will be <br />during the period before the next report will <br />be required; <br />(9) Such other and further information as the lrn- <br />go1ion division engineer of that division may <br />suggest. <br /> <br />(2) The irrigation division engineer shall carefully <br />file and preserve such reports, and from them, shall <br />ascertain what ditches, canals and reservoirs are, and <br />what are not, receiving their proper supply of water; <br />and if it shall appear that in any district in that divi- <br />sion any ditch, canal or reservoir is receiving water <br />whose priority postdates that of the ditch, canal or <br />reservoir in another district, as ascertained from his <br />register, he shall at once order such postdated ditch, <br />canal or reservoir shut down and the water given to <br />the elder ditch, canal or reservoir. His orders being <br />directed at all times to the enforcement of priority <br />of appropriation, according to his tabulated state. <br />ment of priorities, to the whole division, and without <br />regard to the district within which the ditches, canals <br />and reservoirs may be located. The reports of water <br />commissioners to the irrigation division engineers <br />sholl be filed and kept in the office of the state engi- <br />neer. <br /> <br />148-12-11. OWNER TO REPORT FAilURE TO RE- <br />CEIVE WATER. - In case any ditch, canal or reservoir, <br />in any district within suc~ irrigation division engi- <br />neerls division, shall fail to receive its regular supply <br />of water, the owner or controller of such ditch, canal <br />or reservoir may report such fact to the water com- <br />missioner of that district, who shall immediately ap- <br />portion the water in his district, and send forthwith <br />by telegram, if necessary, a report of such fact to <br />the irrigation division engineer of his division, and <br />thereupon it shall be the duty of said irrigation <br />division engineer to compare such report with his <br />register, and if any ditch, canal or reservoir of any <br />other district of his division is receiving water to <br />which any ditch, canal or reservoir of any other dis- <br />trict is entitled, he shall at once order the shutting <br />down of the postdated ditches, canals or reservoirs, <br />and the water given to the ditches, canals or reser- <br />voirs having the priority of appropriation. Nothing <br />in sections 148-12-9 to 148-12-11 sholl be construed <br />as interfering with the priority of water for domestic <br />use, <br /> <br />~ <br />a <br />N <br />.::J <br />lIII. <br />c.:l <br /> <br />148-15-2. COMMISSIONERS TO DEVOTE ENTIRE <br />TIME - NEGLECT. It is hereby mode the duty of the <br />water commissioner after being cal/ed upon to dis- <br />tribute water, 10 devote his entire time to the dis- <br />charge of his duties when such duties are required, <br />so long as the necessaties of irrigation in his district <br />shall require; and it is made his duty to be actively <br />employed on the line of the streams in his water <br />district, supervising and directing the putting in of <br />headgates, waste gates, keeping the stream clear of <br />unnecessary dams or other obstructions, and such <br />other duties as pertain to a guard of the public <br />streams in his water district. . <br /> <br />:!-tt <br />"."-"',:;.; <br />J~:!~I <br /> <br />" <br />".". .,. <br />'. y. <br />;r'\:~ <br /> <br />148-15-3. DUTY OF COMMISSIONERS - OPEN AND <br />SHUT HEADGATES. It sholl be the duty of said water <br />commissioners to divide the water in the natural <br />streams of their district among the several ditches <br />taking water from the same, according to the prior <br />rights of each respectively; in whole or in part to <br />shut and fasten, or cause to be shut and fastened. by <br />order given to any sworn assistant, sheriff, or consta- <br />ble of the County in which the head of such ditch is <br />situated, the headgates of any ditch heading in any of <br />the natural streams of the district, which, in a time of <br />a scarcity of water, shall not be entitled to water by <br />reason of the priority of the rights of others below <br />them on the same stream. <br /> <br />'.' <br /> <br />'. <br /> <br />~ . <br /> <br />..... <br />".';";'': <br />~.):'~; <br /> <br />148-1S-4. POWERS OF WATER COMMISSIONERS. <br />In the discharge of their duties, water commissioners <br />shall be invested with the powers of constables, and <br />may arrest any person violating his order relative to <br />the opening or shutting down of head gates, or the <br />using of water for irrigation purposes, and take such <br />offender before the nearest justice of the peace, who, <br />if such offender be convicted, may fine him in any <br />sum not exceeding one hundred dollars, andl in de- <br />fault of the payment of such fine, may imprision him <br />in the county jail not exceeding thirty daysi provided, <br />that the orders of the irrigation division engineers in <br />their respective divisions, and the orders of the state <br />engineer, shall be held at all times superior to the <br />orders of water commissioners, and shall relieve any <br />person acting in accordance with such superior orders <br />from the penalties provided in section 148- 15-9; and,' <br />provided that in like manner the orders issued by the <br />state engineer shall be held superior to any order <br />issued by any irrigation division engineer. <br />148-15-8. COMMISSIONER TO INSPECT DITCHES - <br />WASTE. The water commissioners of the several water <br />districts of this state are hereby empowered, and it <br />is hereby made their duty, upon the application of <br />the owners of one or more ditches in their district. <br />to immedia,tely make, or cause to be made, a thor- <br />ough examination of all ditches within their district <br />for the purpose of ascertaining what use is being <br />made by the owners of or consumers of water from <br />said ditches, If at any time he shall ascertain that <br /> <br />;::.~~<:::\"' <br /> <br />['. <br /> <br />.;. <br />~ " . <br /> <br />~ -.' . <br /> <br />:-::}~,:.,:;; <br />.~:',; " <br /> <br />~"" .-. <br /> <br /> <br />,.' <br />.. <br /> <br />.-..,,; .~_::.-~ '.~"' ~J'C':"';";{;':'::': ~.. :"~'.-?:':'/:.~~:~./:r-::'.::r~:>: : -:.:::: }.:/-~.;~.~~~~;~;. ;.~-,;~-:7:'::;-~;':.":-~,:::: r.' 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