each of the above named districts, and for each district hereafter formed, who shall be appointed by the governor, to be selected by him from persons recommended to him by the sev eral boards of county commissioners of the counties into which water districts may extend; and the water commissioner so appointed, shall, before entering upon his duties, give a good and sufficient bond for the faithful discharge of his duties, with not less than three sureties, in a sum not less than one thousand nor more than five thousand dollars, the amount of said bond to be fixed by the county commissioners, and approved by the governor and state engineer. The commissioner so appointed shall hold his office until his successor is appointed and qualified; Provided, however, That if such water district shall be embraced in more than one county, and the several counties in which such water, district is situated, disagree as to the amount of the bond as herein required of water commissioners, then and in that event the governor shall fix the amount thereof, with the same effect as though fixed by the county commissioners. [L. '87, p, 302, §1; amending G. S., §1752; L. '79, p. 98, §16. 3428. Vacancies, how filled-Removal.-Sec. 264. The governor shall, by like selection and appointment, fill all vacancies which may be occasioned by death, resignation or continued absence from the district, removal, or otherwise. Said county commissioners may, from time to time, recommend persons to be appointed as above provided, and the governor may, at any time, remove any water commissioner, in his discretion. [L. '87, p. 303, §2. 3429. Oath of office within ten days.-Sec. 265. That within ten days after his appointment, and before entering upon the duties of his office, such water commissioner shall take and subscribe the oath of office prescribed by the constitution of this state. [G. S., §1753; L. '79, p. 99, §17. 3430. Commissioner begin work when called on.-Sec. 266. Said water commissioners shall not begin their work until they shall be called on by two or more owners or managers or persons controlling ditches in their several districts by application in writing stating that there is necessity for their action; and they shall not continue performing services after the necessity therefor shall cease. [G. S., §1758; L. '79, p. 107, §42. [Penalty for failure of commissioner to act. Section 3258.] 3431. Commissioners to devote entire time-Neglect.-Sec. 267. 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 necessities 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 wilful neglect of his duty, he shall be liable to fifty dollars fine, with costs of suit. [L. '89, p. 471, §6. [Report of commissioners. Section 3348.] 3432. Duty of commissioners-Open and shut head-gates.-Sec. 268. It shall be the duty of said water commissioners to divide the water in the natural stream or streams of their district among the several ditches taking water from the same, according to the prior rights of each respectively; in whole or in part to shut and fasten, or cause to be shut and fastened, by order given to any sworn assistant, sheriff or constable of the county in which the head of such ditch is situated, the head-gates of any ditch or ditches heading in any of the natural streams of the district, which, in a time of a scarcity of water, shall not be entitled to water by reason of the priority of the rights of others below them on the same stream. [G. S., §1754; L. '79, p. 99, $18. 3208.] [When commissioner shall withdraw excess water from reservoir. Section 3433. Powers of commissioner-Commissioner subordinate to state and division engineers.-Sec. 269. Water commissioners shall, in the discharge of their duties, be invested with the powers of constables, and may arrest any person violating his orders relative to the opening or shutting down of head gates, or the using of water for irrigation purposes, and take such offender before the nearest justice of the peace, who may, if such offender be convicted, fine him in any sum not exceeding one hundred dollars, and, in default of the payment of such fine, may imprison him in the county jail not exceeding thirty days; Provided, That the orders of the superintendents of irrigation in their respective divisions, and the orders of the state engineer, shall be held at all times superior to the orders of water commissioners, and shall relieve any person acting in accordance with such superior orders from the penalties herein provided; And provided, also, That in like manner the orders issued by the state engineer shall be held superior to any order issued by any superintendent of irrigation. [L. '89, p. 469, §1. [Supervision of state engineer over commissioners. Section 3324.] 3434. Pay of commissioner-Accounts-District in two counties. Sec. 270. The water commissioner shall be entitled to pay at the rate of five (5) dollars per day for each day he shall actually be employed in the duties of his office, and be paid by the county or counties in which his irrigating district may lie. Each water commissioner shall keep a just and itemized account of the time spent by him in the duties of his office, and shall present a true copy thereof, verified by oath, to the board of county commissioners of the county in which his district may be, and said board of commissioners shall allow the same; and if said irrigation district shall extend into two or more counties, then such water commissioner shall present his acfor his services, verified as aforesaid, to the board of county commissioners into which his district extends, and each board of county commissioners shall pay its pro rata share thereof. [L. 9, p. 470, §2; amending L. '85, p. 254, §1; which amended. G. S., §1756. L. '79, p. 106, §36. 3426.] [For payment of expenses of commissioner of district No. 70, see section 3435. Deputy commissioner-Appointment-Salary.-Sec. 271. The water commissioner is hereby authorized to appoint not to exceed two deputies to speedily make the examinations provided for in section 1 of this act, who shall be entitled to the same compensation, and to be paid in the same manner as is by law provided for the payment of other deputy water commissioners. [L. '95, p. 197, §2. [Section 1 above referred to is section 3438.] 3436. Commissioner may employ assistance-Salary.-Sec. 272. The water commissioner is hereby given power, whenever he shall deem it necessary, to employ a suitable assistant, or assistants, to aid him in the discharge of his duties; such assistant, or assistants, shall take the same oath as water commissioner, and shall obey his instructions, and shall be entitled to pay at the rate of two dollars and fifty cents ($2.50) per day for every day they are so employed, to be paid by county commissioners upon the certificates of the water commissioners. [L. '89, p. 470, $3; amending by implication, G. S., $1757; L. '79, p. 107, §41. 3437. Accounts kept of assistant's time.-Sec. 273. Each water commissioner shall keep an itemized account of the time of each assistant by him employed, and shall certify the same to the board of county commissioners, who shall pay such assistant, or assistants, in the same manner as provided for payment of water commissioners in section two of this act. [L. '89, p. 470, §4. [Section 2 referred to is section 3434.] 3438. Commissioner inspect ditches-Waste of water.-Sec. 274. The water commissioners of the several water districts of this state are hereby empowered, and it is hereby made their duty, upon the application of the owners of one or more ditches in their district, to immediately make, or cause to be made, a thorough examination of all ditches within their district for the purpose of ascertaining what use is being made by the owners of or consumers of water from said ditches; and if at any time he shall ascertain that the owner or owners of any ditch drawing water from the natural streams furnishing water to his district shall be permitting any of the waters flowing in such ditch to go to waste, or to be wastefully, or extravagantly or wrongfully, used by its water consumers, or put to any other use than that to which it is entitled to be used in the order of priority, at such times as the same is being needed by other appropriators, it shall be the duty of such water commissioners to immediately shut off the supply of water in such ditch to such an extent as in his judgment was wasted, or extravagantly, wastefully or wrongfully used. [L. '95, p. 197, §1. 3439. Failure of commissioner to perform duties-Penalty.— Sec. 275. Any water commissioner who fails to perform any of the duties imposed upon him by this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof by a court of competent jurisdiction, shall be fined in a sum not less than fifty (50) dollars nor more than five hundred (500) dollars. [L. '95, p. 198, §3. [For bribery of water commissioners see section 1723.] 3440. Irrigation district.-Sec. 276. Dissolution of district- Judicial examination and confirmation. Same-Petition. Same-Notice of hearing. Same Answer - Plead Determination Repeal-Saving Clause. Whenever a majority of the resident freeholders owning lands in any district desire to provide for the irrigation of the same they may propose the organization of an irrigation district under the provisions of this act, and when so organized each district shall have the powers conferred or that may hereafter be conferred by law upon such irrigation district; Provided, That where ditches, canals or reservoirs have been constructed before the passage of this act, such ditches, canals, reservoirs and franchises, and the lands watered thereby, shall be exempt from the operation of this law, except such district shall be formed to purchase, acquire, lease or rent 3483. 3484. 3485. 3487. 3488. Samé Canvass-Record. 3489. 3490. 3491. high 3492. state Costs. 3494. |