<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,
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<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. .
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<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.
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<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
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