73-5-3 - Control by engineer of division and distribution under judgments.
73-5-3. Control by engineer of division and distribution under judgments.
The state engineer and his duly authorized assistants shall carry into effect the judgmentsof the courts in relation to the division, distribution or use of water under the provisions of thistitle. The state engineer shall divide, or cause to be divided, the water within any district createdunder the provisions of this title among the several appropriators entitled thereto in accordancewith the right of each respectively, and shall regulate and control, or cause to be regulated andcontrolled, the use of such water by such closing or partial closing of the head gates, caps, valvesor other controlling works of any ditch, canal, pipe, flume, well or tunnel or other means ofdiversion as will prevent the waste of water or its use in excess of the quantity to which anyappropriator is lawfully entitled, and shall regulate, or cause to be regulated, the controllingworks of reservoirs in accordance with the provisions of this title. Whenever in pursuance of hisduties the state engineer regulates or causes to be regulated any head gate, cap, valve or othercontrolling works of any ditch, canal, pipe, flume, well or tunnel or other means of diversion orthe controlling works of any reservoir, he may attach to such controlling works a written notice,properly dated and signed, setting forth that such controlling works have been properly regulatedand are wholly under his control, and such notice shall be a legal notice as to the facts thereincontained to all parties interested in the division and distribution of the water of such ditch, canal,pipe, flume, well or tunnel or other means of diversion or reservoir. Whenever the state engineeris required to enter upon private property in order to carry out the provisions of this title and isrefused by the owner or possessor of such property such right of entry, he may petition the districtcourt for an order granting such right, and after notice and hearing the court may grant suchpermission, on security being given to pay all damage caused thereby to the owner of suchproperty.
No Change Since 1953