The Distribution of Water. 
29 
engineer, and a per diem for his services to be paid by the reservoir 
owner. 
The 3rd section requires the state engineer annually to de¬ 
termine the amount of water which it is safe to impound in the 
several reservoirs within the state. It is made unlawful for the 
owner of any reservoir to store therein water in excess of the 
amount determined by the state enginer to be safe. < 
The 4th section makes it the duty of the water commissioner 
to withdraw from any reservoir any water impounded therein 
in excess of the amount determined by the state engineer to be 
safe, and to prevent the reservoir to be refilled beyond the limit 
fixed. 
The 5th section makes it the duty of the state engineer, 
when complaint is made to him by persons so located as to be 
in danger if the embankment of a reservoir should break, that 
the reservoir is in an unsafe condition, or being filled so as to 
render it unsafe, to make an examination of the reservoir and 
determine the amount of water which can be safely impounded 
therein. If on such examination he finds the reservoir unsafe, 
or being filled so as to render it unsafe, he shall cause water to 
be drawn off to such an extent as to render the same safe and 
prevent further storage of water beyond what he considers the 
safety limit. 
The section enables the state engineer to use any force 
necessary to perform the duties previously mentioned. It is also 
made the duty of a water commissioner in such case, if an at¬ 
tempt should be made to refill the reservoir, to act as provided 
in the fourth section. 
The 7th section provides for compensation to the state en¬ 
gineer for mileage and other expenses incurred in making ex¬ 
amination. 
The 8th section provides for an appeal to the court from 
any decision of the state engineer in such matters, but with 
the proviso that the decision of the state engineer shall control 
until the case is finally disposed of in the courts. 
The 9th section provides for owners of reservoirs being re¬ 
sponsible for all damages in case of breakage. 
The 10th section provides that any reservoir company which 
after ten days’ written notice has been given, fails to obey the 
directions of the state engineer with reference to the construc¬ 
tion or filling of any reservoir, shall be subject to a fine of fifty 
dollars for each offense, and each day’s continuance after the 
time of notice has expired shall be considered as a separate 
offense. 
In addition to the duties required of the state engineer on 
the general subject of irrigation, distribution of water, etc., above 
referred to, many statutes have been passed requiring that of- 
