§ 61-14-06 — Measuring devices - Unlawful to take water without using

Every ditch owner shall construct and maintain a substantial headgate at the point where
the water is diverted and shall construct a measuring device, of a design approved by the
department of water resources, at the most practicable point for measuring and apportioning the
water as determined by the department. The department may order the construction of the
measuring device by the ditch owner, and if construction is not completed within twenty days
after receipt of the order, the person in charge of the irrigation works, upon instructions from the
department, shall refuse to deliver water to the ditch owner. The ditch owner may not take water
from the irrigation works until the measuring device is constructed and the department approves
the device. Measuring devices must be arranged so they can be locked in place, and when
locked by the person in charge of the irrigation works or that person's authorized agent, for the
measurement or apportionment of water, other persons may not interfere with, disturb, or
change the devices. The use of water through a measuring device that was interfered with,
disturbed, or changed constitutes prima facie evidence the person benefited by the interference,
disturbance, or change violated this section.