§ 45-203 — Head gates; measuring devices required on canals and reservoirs

A. The owner of a ditch or canal shall maintain at the point where the water is diverted a substantial head gate so constructed that it can be locked and kept closed by the water superintendent. An owner, when required by the director of water resources, shall construct and maintain measuring devices at points along the ditch to assist the water superintendent in determining the amount of water to be diverted into the ditch from the stream, or taken from it by the users.

B. The owner of a reservoir located across or upon the bed of a natural stream shall, when required by the director, construct and maintain a measuring device, approved by the director, below the reservoir, a gauge graduated to feet and tenths of feet inside the reservoir and a capacity table for the reservoir, and, if necessary, a measuring device above the reservoir on each source of supply discharging into the reservoir.

C. When necessary for the protection of other water users, the director may require flumes to be installed along the line of a ditch.

D. If the owner of irrigation works refuses or neglects to construct and maintain head gates, flumes or measuring devices after twenty days' notice, the director may close the ditch and it shall not be opened or water diverted from the source of supply until the requirements of the director have been complied with. If the owner of a reservoir located across the bed of a natural stream neglects to install such measuring device after twenty days' notice, the director may open the sluice gate or outlet of the reservoir and it shall not be closed until the measuring devices are installed. A person violating this subsection shall be punished as provided by section 45-112.