33 



that if an appropriator neglects to put in the structures within ten 

 days after notice from the superintendent, the commissioner is to 

 close the ditch to the passage of water, and that when the superintend- 

 ent has ordered a measuring device put in for a reservoir in the chan- 

 nel of a stream and it has not been done the commissioner is to draw 

 off the water. This has been found to be the onl}^ effective way to 

 compel the putting in of head gates and measuring devices in other 

 States as well as Wyoming. 



Interference with head gates which have ])een set by a water com- 

 missioner has always been a misdemeanor, but until the use of water 

 through a canal closed by a commissioner was made prima facie evi- 

 dence of having opened the gates (Laws 1901, sec. 971) it was almost 

 impossible to secure convictions unless the person was actually caught 

 by the commissioner himself in the act of opening the gate. Those 

 caught using water usually claimed that some person unknown to 

 them had opened the gates. The penalty for interfering with a gate 

 set by a commissioner is a fine not exceeding $100 or six months' 

 imprisonment, or both fine and imprisonment. Another common 

 way of accomplishing the same purpose as changing a gate is obstruct- 

 ing the stream channel below a gate only partially closed, thus increas- 

 ing the flow through it. The superintendent of division No. 2 recom- 

 mended in 1900 that this also be made a misdemeanor, and the law 

 regarding changing gates as amended in 1901 seems to cover this in 

 the clause "willfully use or conduct water into or through his ditch 

 wliich has been lawfully denied him by the water commissioner or 

 other competent authorit}^." 



The law makes it the duty of the water commissioner to so regulate 

 and control the use of water in his district as to prevent the waste of 

 water, but it has been the usual practice of the commissioners to pay 

 -no attention to what became of the water after it was turned into the 

 heads of ditches, and to give to each ditch owner the entire amount 

 of his right so long as it was called for and the stream supplied it. This 

 led to frequent complaints from the holders of late rights who were 

 unable to secure water while others were using it wastefully. June 

 26, 1902, the State engineer issued an order to the superintendents 

 calling their attention to the law against waste and stating that "it is 

 unquestionably the duty of the water commissioner to make what- 

 ever examination may be necessary to determine whether water is 

 being wasted, or wastefully, extravagantly, or wrongfully used when 

 needed by others, and to shut off the water from any ditch to what- 

 ever extent may be necessary to prevent such wasteful or wrongful 

 use." (Rpt. St. Eng., 1901-2, p. 31.) 



When reservoir owners wish to use the channel of a natural 

 stream for conveying stored water it is their duty to notify the com- 

 31774— No. 168—06 3 



