89 



divisions may he dividod into districts as it becomes necessary to the 

 economical and satisl'actor\' division of the water. Anyone may 

 appeal from any act or decision of a water commissioner to the State 

 ent;:ineer, from wliom aj)i)eal may be had to the courts. Water com- 

 missioners are to bo appointed by the governor to serve six years, 

 subject to removal by the "governor, and receive S5 per day for the time 

 actually enfjaf^^ed in official duties, but not exceedini:: 100 days in any 

 one year. This is to })e j)aid by the State. 



Ditch owners are required to put in head gates and measuring 

 devices of designs a|)pr()ved by the State engineer at })laces deter- 

 mined by them, and in case these structures are not put in within 

 twenty days after notice from the engineer the water commissioner is 

 to refuse to deliver water to the ditch. Taking water under these cir- 

 cumstances is made a misdemeanor. Interfering with any dam, head 

 gate, weir, or other structure or with any person lawfully distributing 

 water is also a misdemeanor. These acts are punishable })y fine of 

 not more than $100 nor less than $20, or imprisonment for not more 

 than thirty days, or both fine and imprisonment. 



MISCELLANEOUS. 



Water rights are made appurtenant to land, exccjit that when it 

 beoomes impracticable or uneconomical to use the water upon the land 

 in connection with which the right was acquired it may be transferred 

 Xo other land, provided this can be done without injury to other 

 rights, but this can be done only upon application to the engineer and 

 publication of a notice of the intended transfer for four weeks in a 

 newspaper of general circulation in the stream system in which the 

 land is located. Upon receipt of proof of publication the State engi- 

 neer shall render his decision regarding the transfer, and his decision is 

 final unless appealed from to the court. 



Tlie State engineer may inspect any irrigation works which he 

 deems unsafe and order such changes as may be necessary to render 

 them safe, and must make such inspection on the application of any 

 party who puts up the estimated cost of the inspection. He may also 

 inspect works under construction and order any changes necessary 

 to secure safety. The fees for such inspection are a lien upon the 

 property of the owner, and the use of any works declared unsafe is a 

 misdemeanor. 



The engineer is to fix rates for carrying and delivering water where 

 canals supply water to the lands of others than the owners of the 

 canals. 



Where natural channels are used for conveying water the engineer 

 is to determine what deductions shall be made for losses by seepage 

 and evaporation. 



