47 



Ditch owners are required to maintain head gates and flumes to the 

 satisfaction of the under secretan^ of the division, who is to serve 

 notice on tlie owners when he requires their construction. If owners 

 neglect to put them in, the under secretary is to notify the county 

 commissioners, who are to put them in, and in case the owners neglect 

 to repay the county the under assistant is to turn off the water. No 

 cases have ever come uj) under this law. In the other States it has 

 been found more effective to have the water turned off" on the refusal 

 of the ditch owner to put in the structures required. Any other 

 system allows delay greatly to the advantage of the person refusing to 

 obey the order. 



Interference with a head gate wliich has been set l)y an under assist- 

 ant is punishable by a fine not exceeding S200, or imprisonment not 

 exceeding three months. Under assistants have power to make 

 arrests, and when one is made the under assistant making it must 

 make complaint before the proper justice of the peace. There is no 

 provision similar to that in Colorado and Wyoming, making the use 

 of water from a ditch which has been closed prima facie evidence of 

 having opened the gate. There have been a few arrests, and in one 

 case the under assistant was sued for damages for having closed a 

 gate. This case was never brought to an issue. 



MISCELLANEOUS DUTIES OF SECRETARY OF BOARD. 



The approval of the secretary must be had for all dams over 10 feet 

 in height. Only a few have been submitted. There is no provision 

 for inspection to insure the carrying out of the plans as approved. 



The stream gaugings provided for by law have been carried on in 

 cooperation with the United States Geological Survey. The Survey 

 pays the gauge readers, and the secretary makes the gaugings. Ten 

 regular stations are maintained on the Platte, Loup, and Repub- 

 lican rivers. Other gaugings are made by the secretary as he has 

 opportunity. 



Ditch owners selling water are required to maintain measuring 

 devices made on specifications approved by the secretary of the board, 

 but no cases have come up under this provision. 



The same is true of the provision that the secretary is to determine 

 what deductions shall be made for losses by seepage and evaporation 

 when water is turned into a natural channel to be diverted below. 



In 1905 a law was passed requiring the secretary to furnish counties 

 with bridge plans whenever requested to do so, the cost of the plans 

 to be charged against the county. Three thousand dollars was appro- 

 priated for this work, this fund to be a revolving fund, since expen- 

 ditures are to be repaid by the counties. The secretary is having a 

 series of standard plans made. 



