34 



missioner in charge of the stream and supply him with a Mst of the 

 parties entitled to divert the water. The commissioner then distrib- 

 utes the water to those entitled to it, half of the expense of this 

 distribution being charged against the county and half against the 

 owners. The county commissioners collect tliis from the owners, and 

 in case of nonpayment tax it against the reservoir. 



It is not possible to get at the exact expenses of the distribution of 

 water by public officials, but in his report for 1901-2 the State engi- 

 neer gives the results of an inquiry along this line. In division No. 1 

 the expense for distribution in 1902 was 5 mills per acre for adjudicated 

 rights; estimating unadjudicated rights as covering an equal area, 

 the expense for the whole was 3 mills per acre. In division No. 2 the 

 expense for adjudicated rights was 5.8 mills per acre, but in division 

 No. 3 it was 34 mills per acre. This large expense was caused by the 

 employment of a large number of deputies on Grey Bull River, the 

 expense on this stream being 6 cents per acre. No figures are given 

 for division No. 4. 



MISCELIiANEOUS DUTIES OF THE STATE ENGINEER. 



Duplicate plans of all dams above 5 feet in height in running streams 

 and all dams intended to retain water above 10 feet in height must be 

 submitted to the engineer, and his approval must be secured before 

 construction begins. The engineer has authority to inspect during con- 

 struction any such dam, or any ditch, canal, or other work carrying over 

 50 cubic feet per second, and may order any changes he deems neces- 

 sary for the security of the work or the safety of those residing below. 

 The engineer is also to examine any irrigation works complained of by 

 anyone living in the neighborhood of the works, but may require the 

 complainant to put up the cost of the inspection. If the complaint 

 proves to have been justified, this cost may be assessed' against the 

 owners of the works, and the deposit refunded to the complainant. 

 There have been a large number of plans of dams filed. Until 1895 

 there was no provision for inspection, and it was found that plans were 

 made to conform to the requirements of the engineer, and after 

 approval were abandoned. For small dams the engineer thought best 

 to let matters run along as the}' were, since inspection would be too 

 expensive. The law providing for inspection was passed in 1895. 

 No cases have arisen under the provision for complaints as to the 

 safety of works. 



Since 1903 those wishing to construct reservoirs are required to 

 apply to the engineer for permits in the same manner as for ditches, 

 except that the lands to be watered need not be described, as it is the 

 expectation that the water will be sold. The engineer is authorized to 

 appoint an assistant to supervise the construction of reservoirs when- 

 ever he deems it necessary. The orders of this assistant are to be 



