73-5-3. Control by engineer of division and distribution under judgments.
The state engineer and his duly authorized assistants shall carry into effect the judgments
of the courts in relation to the division, distribution or use of water under the provisions of this
title. The state engineer shall divide, or cause to be divided, the water within any district created
under the provisions of this title among the several appropriators entitled thereto in accordance
with the right of each respectively, and shall regulate and control, or cause to be regulated and
controlled, the use of such water by such closing or partial closing of the head gates, caps, valves
or other controlling works of any ditch, canal, pipe, flume, well or tunnel or other means of
diversion as will prevent the waste of water or its use in excess of the quantity to which any
appropriator is lawfully entitled, and shall regulate, or cause to be regulated, the controlling
works of reservoirs in accordance with the provisions of this title. Whenever in pursuance of his
duties the state engineer regulates or causes to be regulated any head gate, cap, valve or other
controlling works of any ditch, canal, pipe, flume, well or tunnel or other means of diversion or
the controlling works of any reservoir, he may attach to such controlling works a written notice,
properly dated and signed, setting forth that such controlling works have been properly regulated
and are wholly under his control, and such notice shall be a legal notice as to the facts therein
contained to all parties interested in the division and distribution of the water of such ditch, canal,
pipe, flume, well or tunnel or other means of diversion or reservoir. Whenever the state engineer
is required to enter upon private property in order to carry out the provisions of this title and is
refused by the owner or possessor of such property such right of entry, he may petition the district
court for an order granting such right, and after notice and hearing the court may grant such
permission, on security being given to pay all damage caused thereby to the owner of such
property.
No Change Since 1953
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Last revised: Thursday, May 28, 2009