The Distribution of Water. ii 
application of the owners of one or more ditches in his district, 
immediately to make or cause to be made, a thorough examination 
of all ditches within his district, to ascertain what use is being 
made by the consumers thereunder. If he ascertains that any 
ditch owner is permitting any water flowing in his ditch to be 
wasted, or to be wastefully, extravagantly or wrongfully used 
by its consumers, or put to any other use than that to which it is 
entitled to be used in its priority order, when needed by others, 
it is made the duty of the water commissioner immediately to 
shut off the supply of water in such ditch, to such an extent as in 
his judgment water was wasted, or wastefully, extravagantly or 
wrongfully used. 
The 2nd section of the act (Sec. 2388a, Mills’ Sup.) 
authorizes the water commissioner to appoint not to exceed two 
deputies to speedily make the examination provided for in sec¬ 
tion 1, just mentioned. 
The 3rd section of the act (Sec. 2384b, Mills' Sup.) makes 
it a misdemeanor for any water commissioner to fail to perform 
the duties mentioned. 
This act is one of special importance, increasing both the 
powers and duties of the water commissioners, and if properly 
executed will be of great benefit. 
In 1897 an act was passed to regulate the exchange of water 
between reservoirs and ditches and the public streams, whereby, 
among other things, it was made the duty of any person or 
company transferring water from one public stream to another, 
to construct and maintain under the direction of the state engi¬ 
neer, measuring flumes or /weirs, and self-registering devices, 
where the water leaves its natural watershed, and is turned into 
another, and also where it is finally diverted for use from the 
public stream. 
The 3rd section makes it the duty of the water commissioner 
of the district where the water is used, to keep a record of the 
water so turned into his district from another. 
The 4th section contains similar provisions as to delivering 
water to a public stream from a reservoir, so that the owner of 
the reservoir may take an equivalent amount higher up the 
stream in exchange. The section requires the water commis¬ 
sioner to determine and regulate this matter of exchange. 
In 1899, by an act in relation to irrigation, a system of 
procedure in court is provided, in case a permanent change of 
the point of diversion of an appropriation is desired, to enable 
the court to determine whether the proposed change will be in¬ 
jurious to juniors or not. When a decree is entered in such a 
cause, a certified copy thereof is to be delivered to the state 
engineer, and that official thereupon issues a notice to the water 
commissioner of the district affected, notifying him of the 
