The Distribution of Water. 
13 
The principal duty of a water commissioner is that defined 
in the first statute whereby the office was created, tersely expressed 
in Sec. 2384, M. A. S. 
“To divide the water in the natural stream or streams of his dis¬ 
trict, among the several ditches taking water from the same, according 
to the prior rights of each respectively.” 
The language following the above in the statute, conferring 
power to shut down and fasten the headgate of any ditch not 
entitled to water is a mere incident to the language quoted. 
The duty now under consideration involves consideration 
of the decrees whereby priorities have been judicially determined. 
Those decrees fix relative priorities of the several ditches in the 
stream in whose behalf evidence was introduced, the dates of 
such priorities, and the maximum amount of water under each 
priority to which the several ditches were then entitled. They 
do not provide that the maximum amount so defined under each 
priority shall be permitted to run into the ditch named at all 
times, irrespective of the necessities of consumers under the ditch. 
In most of the districts, perhaps in all, the decree defining pri¬ 
orities was made subject to several conditions, among which 
perhaps the most important was that which in substance stated 
that the decree should not be construed as adjudging to any 
claimant the right to take and carry by means of any ditch or 
reservoir, any water except to be applied to the use for which 
the appropriation was made, nor to allow any excessive use or 
waste of water whatever, nor to allow any diversion of water 
except for lawful and beneficial uses. 
It is not the intention of the statute or of the decrees that 
the water commissioner, who is the executive officer to see that 
the decree and its provisions are enforced and observed, shall 
be permitted to ignore the limitations and conditions stated in 
the decree, and to deliver the maximum amount constantly 
throughout the irrigating season to a senior appropriator, or to 
deliver the maximum amount at any time when it is not actually 
needed for the necessary and beneficial irrigation of crops. In 
considering this general power and duty it is necessary also to 
discuss later statutes enacted for the purpose of emphasizing 
the importance of certain duties incident to the general power, 
and necessary to render the same effective. First among such 
provisions is the fifth section of the act of 1889 making it the 
duty of the water commissioner to devote his entire time to the 
discharge of his duties when necessary, and specially to be 
actively employed on the line of the stream to supervise the water 
delivery; to keep the same clear of unnecessary dams and ob¬ 
structions, and to act as a guard of the stream. This requirement 
