IO 
Bulletin 67. 
By another act adopted in 1889, many important new duties 
and powers were thrown upon water commissioners. By its first 
section (Sec. 2386, M. A. S.), a water commissioner in dis¬ 
charging his duties is vested with the power of a constable, and is 
authorized to arrest any person violating his orders relative to the 
opening or shutting down of headgates, or the using of water 
for irrigation purposes, and to cause the offender to be prosecuted 
before a Justice of the Peace. 
In a proviso to the same section, the orders of the superin¬ 
tendent of irrigation and of the state engineer shall be treated 
as superior to those of the water commissioner. 
By the 3rd section of the same act (Sec. 2388, M. A. S.), 
the water commissioner is given power to employ a suitable as¬ 
sistant or assistants to aid him in discharging his duties. * Such 
assistants are to take the same oath as the water commissioner, 
and to obey his instructions. 
The 5th section of the same act (2391, M. A. S.), being a 
very important one, is here quoted in full, as follows: 
“It is hereby made the duty of the water commissioner, after 
being called upon to distribute water, to devote his entire time to the 
discharge of his duties when such duties are required, so long as the ne¬ 
cessity of irrigation in his district shall require; and it is made his 
duty to be actively employed on the line of the stream or streams in 
his water district, supervising and directing the putting in of head- 
gates, waste-gates, keeping the stream clear of unnecessary dams or 
other obstructions, and such other duties as pertain to a guard of the 
public streams in his water district; and for willful neglect of his duty 
he shall be liable to fifty dollars fine, with costs of suit.” 
The 6th section of the same act (Sec. 2392, M. A. S.) 
provides that the water commissioner shall not begin his work 
until called on by two or more owners or managers or persons 
controlling ditches in his district, by written application, stating 
necessity for their action; it is also provided that the water com¬ 
missioner shall cease to perform his duties when the necessity 
therefor shall cease. 
In the same year, 1889, another act was passed imposing 
a penalty for the bribing of persons in charge of the distribution 
of water. This section (Sec. 2398, M. A. S.) makes it a misde¬ 
meanor for any water commissioner or his assistant to take or 
receive any money, promises or favors, or anything of value in¬ 
tended to influence him dishonestly to favor any person in the 
distribution of water to the injury of others. 
In 1895 another statute was passed providing for the regu¬ 
lation of the use of the waters of the state. The same, consisting 
of three sections, is printed in the third, or supplemental volume 
of M. A. S., as sections 2384a, 2388a, and 2384b. 
By the 1st section of the act (Sec. 2384a, Mills’ Sup.), each 
water commissioner is empowered, and it is made his duty on 
