§ 41-3-604 — Commissioners; additional powers and duties; defense by county attorney

It shall be the duty of the said water commissioner to divide
the water of the natural stream or streams of his district among
the several ditches and reservoirs taking water therefrom,
according to the prior right of each, respectively, in whole or
in part, and to shut and fasten, or cause to be shut and
fastened, the headgates of ditches and shall regulate or cause
to be regulated the controlling works of reservoirs, in times of
scarcity of water, as may be necessary by reason of the
priorities of right existing from said streams of his district.
Such water commissioner shall have authority to regulate the
distribution of water among the various users under any
partnership or incorporated ditch or any ditch owned by joint
owners not incorporated and not in a partnership, or partnership
or incorporated reservoir or reservoir owned by joint owners not
incorporated or not included in a partnership, where rights have
been adjudicated, in accordance with existing decrees. Whenever,
in the pursuance of his duties, the water commissioner regulates
a headgate to a ditch or the controlling works of reservoirs, it
shall be his duty to attach to such headgate or controlling
works a written notice, properly dated and signed, setting forth
the fact that such headgate or controlling works has been
properly regulated and is wholly under his control and such
notice shall be a legal notice to all parties interested in the
division and distribution of the water of such ditch or
reservoir. It shall be the duty of the county attorney to appear
and defend the division superintendent or any water commissioner
who shall be made a defendant in any case which may arise in the
pursuance of the official duties of any such officer within the
county of such county attorney.