V. STATE ENGINEER. Section. 3321. 3322. 3323. 3324. 3325. State engineer-Appointment-Office-Salary-Oath-Bond. Shall approve designs and plans. Supervision over division engineers and water commissioners. 3326. Appoint deputy for special work. 3327. Deputies-Appointment-Oath-Engineer liable for acts. 3328. Pay of deputies and assistants. 3329. Require owner of ditch to construct and maintain a measuring weir. 3330. Cubic foot per second, unit of measurement. 3334-A. State engineer record data as to water supply. 3321. State engineer-Appointment Office-Salary-Oath -Bond. SEC. 157. The governor shall appoint a state engineer, who shall hold his office for the term of two years, or until his successor shall be appointed and qualified. The governor may at any time, for cause shown, remove said state engineer. The said state engineer shall have his office at the state capitol, in suitable rooms to be provided for him by the secretary of state, who shall furnish him with suitable furniture, postage and such proper and necessary stationery, books and instruments as are required to best enable him to discharge the duties of his office. He shall be paid a salary of three thousand dollars per annum, payable monthly by the state treasurer, on warrants drawn by the state auditor. The said state engineer shall, before entering on the discharge of his duties, take and subscribe to an oath, before the judge of a state court of record, to faithfully perform the duties of his office, and file said oath with the secretary of state, together with his official bond, in the penal sum of ten thousand dollars, said bond to be signed by sureties approved by the secretary of state and conditioned upon the faithful discharge of the duties of his office and for delivering to his successor, or other officer authorized by the governor to receive the same, all moneys, books, instruments and other property belonging to the state then in his possession or under his control, or with which he may be legally chargeable as such state engineer. [Laws 1889, p. 371, § 1.] 3322. General duties of state engineer. SEC. 158. The state engineer shall have general supervising control over the public waters of the state. He shall make or cause to be made careful measurements of the flow of the public streams of the state from which water is diverted for any purpose, and compute the discharge of the same. He shall also collect all necessary data and information regarding the location, size, cost and capacity of dams and reservoirs hereafter to be constructed, and like data regarding the feasibility and economical construction of reservoirs on eligible sites, of which he may obtain information, and the useful purposes to which the water from the same may be put. He shall also collect all data and information regarding the snow-fall in the mountains each season, for the purpose of predicting the probable flow of water in the streams of the state, and publish the same. [Laws 1889, p. 372, § 2.] [Duties appertaining to reservoirs. Sections 3205-3214.] [Report of engineer on desert land projects. 3323. Shall approve designs and plans. Section 5145.1 SEC. 159. The state engineer shall approve the designs and plans for the construction and repair of all dams or reservoir embankments which are built within the state, which equal or exceed ten feet in vertical height. [Laws 1889, p. 372, § 3.] [Office of division superintendent abolished and division engineers provided in their place. Section 3335.] 3324. Supervision over division engineers and water commissioners. SEC. 160. The state engineer shall have general charge over the work of the division water superintendents and district water commissioners, and shall furnish them with all the data and information necessary for the proper and intelligent discharge of the duties of their offices, and shall require them to report to him at suitable times their official actions, and require of them annual statements, on blanks to be furnished by him, of the amount of water diverted from the public streams in their respective divisions and districts, and such other statistics as, in the judgment of the state engineer, will be of benefit to the state. [Laws 1889, p. 373, § 4.] 3325. Additional duties of engineer. SEC. 161. The state engineer shall, without any extra pay or compensation beyond the salary provided in section one of this act, perform all duties imposed upon him by law, and shall when called upon by the governor, give his counsel and services, without extra pay or compensation, to any state department or institution; Provided, however, That he shall be allowed all actual traveling and other necessary expenses, and the actual cost of preparing necessary maps and drawings, which actual expenses shall be paid by the department or institution requiring his services. [Laws 1889, p. 373, § 6.] 3326. Appoint deputy for special work. SEC. 162. The state engineer shall, on request of any party interested and on payment of his per diem charges and reasonable expenses, appoint a deputy to measure, compute and ascertain all necessary data of any canal, dam, reservoir or other construction, as required or as may be desired to establish court decrees, or for filing statements, in compliance with law, in the county clerk's records. [Laws 1889, p. 373, § 5.] 3327. Deputies-Appointment Oath-Engineer liable for acts. SEC. 163. The state engineer may appoint one or more deputies, as he may think proper, for whose official actions he shall be responsible, and may revoke such appointments at his pleasure; and he may also deputize any person to do a particular service; and the said state engineer and his sureties shall be responsible on his official bond for the default or misconduct of his deputies. Such appointment and revocation shall be in writing, under the signature and official seal of the state engineer, and shall be filed in the office of the secretary of state. All persons appointed shall take and subscribe to an oath, before the judge of a court of record, to truly perform the duties of the office to which he is appointed; and such oath shall be filed with his appointment in the office of the secretary of state. In addition to the deputies provided for in this section, the state engineer may employ such assistance in performing the work of his office as he may deem necessary. [Laws 1889, p. 373, § 7.] 3328. Pay of deputies and assistants. SEC. 164. The pay of the deputies and assistants of the state engineer shall not exceed the sum of six dollars per day for each day employed, together with actual expenses, and the whole amount which may be so expended is hereby limited to the sum of forty-five hundred dollars each year. [Laws 1889, p. 374, § 8.] 3329. Require owners of ditches to construct and maintain a measuring weir. SEC. 165. For the more accurate and convenient measurement of any water appropriated pursuant to any judgment or decree rendered by any court establishing the claims of priority of any ditch, canal or reservoir, the owners thereof may be required by the state engineer to construct and maintain, under the supervision of the state engineer, a measuring weir or other device for measuring the flow of the water at the head of such ditch, canal or reservoir, or as near thereto as practicable. The state engineer shall compute, and arrange in tabular form, the amount of water that will pass such weir or measuring device at the different stages thereof, and he shall furnish a copy of a statement thereof to any water superintendents or commissioners having control of such ditch, canal or reservoir. [Laws 1889, p. 374, § 9.] 3330. Cubic foot per second, unit of measurement. SEC. 166. The state engineer shall use in all his calculations, measurements, records and reports, the cubic foot per second as the unit of measurement of flowing water, and the cubic foot as the unit of measurement of volume. [Laws 1889, p. 374, § 10.] [Cubic inch of water defined. Section 7026.] 3331. Report of state engineer. SEC. 167. The state engineer shall prepare and render to the governor a full and true report of his work, regarding all matters and duties devolving upon him by virtue of his office, which report shall be delivered at the time when the reports of other state officers are required by law to be made, in order that it may be laid before the general assembly at each regular session thereof. [Laws 1889, p. 374, § 11.] [Act of 1889, sections 3321-3331, repealed, G. S., sections 1807-1813.] 3332. Fees collected by state engineer. SEC. 168. Fees shall be collected by the state engineer for work done in his office as follows: For the examination and filing of each map and statement describing a claim or claims to a water right, $10.00 if the amount of water claimed does not exceed twenty (20) cubic feet per second and an additional $1.00 for each cubic foot per second claimed in excess of twenty. For the examination and filing of each map and statement describing a claim to water for storage, $10.00 for each one thousand (1,000) acre feet or fraction thereof of storage capacity claimed. For filing each judicial decree ordering the transfer of a water right or the change of a point of diversion, $2.00. For each certificate, other than those which may be required in the case of original filings of claims to water rights, requiring official signature and seal, $1.00. For the examination and filing of each set of plans and specifications for a reservoir, dam, embankment or other structure for the purpose of storing or utilizing water, $1.00 for each $1,000.00 or fraction thereof of the estimated cost of such structure or structures. For copies of maps, $1.00 for each hour or fraction thereof necessary for the making of such copies. For each blue print of a tracing forming a public record, $2.00. For copies of records, twenty (20) cents per folio. For rating any ditch, canal, reservoir inlet or outlet, at the request of the owner or owners thereof or of any agent or employee having control of the same, $10.00 per day and actual expenses for each day actually and necessarily employed by the hydrographer in making such rating. [Laws 1911, S. B. No. 537, § 1.] [Fee for inspection of reservoir. Sections 3206 and 3211.] 3333. Fees deposited with state treasurer. SEC. 169. At the end of each month the sum of the fees collected during the month, as provided for in section 1 of this act, shall be deposited with the state treasurer, with a complete statement showing the amounts thus received and the sources from which they are derived, and the said amounts shall be credited by the said treasurer to a fund which shall be known as a gauging fund. [Laws 1903, p. 295, § 2.] [Section 1 referred to is section 3232.] |