58 



water users may select a water master. A community having unad- 

 judicated rights and using a stream or ditch in common may also elect 

 a water master for their supply. Each water master is required to 

 give bond in the sum of $500, conditioned on the faithful performance 

 of his duties. He is also responsible for the illegal acts of anj'- deputies 

 he may appoint. The commissioner ma}^ remove an}' water master 

 for failure to do his work, upon complaint made to him in writing. 



Water masters are required to make reports to the water commis- 

 sioners as often as deemed necessary by the commissioners. These 

 reports show: The amount of water necessary to supply all ditches, 

 canals, and reservoirs in the district;. the amount of water available for 

 this purpose, what ditches or reservoirs are at times without sufficient 

 water, and an estimate of the probable supply for the period before the 

 next report. From these reports made by the water masters the 

 water commissioner determines whether the water is being properly 

 divided between the districts receiving water from a common supply, 

 and if not he orders such change in the distribution as will enforce pri- 

 orities regardless of district lines. The reports of the water masters 

 are kept on file in the State engineer's office. 



The water masters divide the water within their districts according 

 to the priorities of rights, under the direction of the water commission- 

 ers. Any person who willfully changes a gate set by a water commis- 

 sioner is subject to a fine not exceeding $100, or to imprisonment not 

 to exceed six months, or both ; and the water masters and their depu- 

 ties have power to make arrests for such offenses. They are also 

 required to make complaint in writing and under oath before the 

 proper justice of the peace against the person arrested. Up to the 

 present time there have been no arrests for interfering with gates, 

 although there has been some friction. It has been the policy of the 

 water officials to get along with as little trouble as possible until the 

 water users of the State come to realize the advantages of the enforce- 

 ment of the law. 



To aid in a proper distribution of the water, all appropriators are 

 required to maintain head gates and measuring flumes in their ditcnes. 

 Plans for these measuring devices are furnished by the State engineer. 

 If the water users do not put them in after ten days' notice to do so the 

 water commissioner is to put them in, and present his bill to the 

 county commissioners, who, in turn, present it to the party who has 

 failed to put in the devices. If the owner neglects for ten days to pay 

 the bill the water commissioner is to shut off his water until the bill is 

 paid. Litt Ic has ])een done under this law thus far for the same reason 

 that arrests are not made for changing head gates. It is not consid- 

 ered desirable to make the law ol)noxious to the water users, but rather 

 to create a sentiiiuMit in favor of its enforcement, which is gradually 

 being accomplished. It has been suggested that the method of col- 



