§ 41-3-613 — Headgates, flumes or measuring devices; owners to construct and maintain; failure to comply

Wyoming § 41-3-613

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 6: WATER DISTRICTS AND COMMISSIONERS

Text

The owner or owners of any ditch or canal shall maintain, to the
satisfaction of the division superintendent of the division in
which the irrigation works are located, a substantial headgate
at the point where the water is diverted, which shall be of such
construction that it can be locked and kept closed by the water
commissioner; and such owners shall construct and maintain, when
required by the division superintendent, flumes or other
measuring devices at such points along such ditch as may be
necessary for the purpose of assisting the water commissioner in
determining the amount of water that is to be diverted into said
ditch from the stream, or taken from it by the various users.
Any and every owner or manager of a reservoir, located across or
upon the bed of a natural stream, shall be required to construct
and maintain, when required by the division superintendent, a
flume or measuring device of a plan to be approved by the state
engineer, below such reservoir at a point not to exceed six
hundred (600) feet distant therefrom, and a flume or measuring
device above such reservoir or each and every stream or source
of supply discharging into such reservoir, for the purpose of
assisting the water commissioner or superintendent in
determining the amount of water to which prior appropriators are
entitled and thereafter diverting it for such prior
appropriators' use. When it may be necessary, for the protection
of other water users, the division superintendent has authority
to require flumes to be installed along the line of any ditch.
If any such owner or owners of irrigation works shall refuse or
neglect to construct and put in such headgates, flumes or
measuring devices after ten (10) days notice to do so by
division superintendent, it shall be the duty of the water
commissioner of the district in which such headgate is located,
on order of the division superintendent, to close such ditch to
the passage of water, and the same shall not be opened or any
water diverted from the source of supply, under the penalties
prescribed by W.S. 41-3-614, until the requirements of the
division superintendent as to such headgate, flumes or measuring
device have been complied with, and if any owner, or manager of
a reservoir located across the bed of a natural stream shall
neglect or refuse to put in such measuring device after ten (10)
days notice to do so by the division superintendent, the water
commissioner shall open the sluice gate or outlet of such
reservoir and the same shall not be closed under penalties
pursuant to W.S. 41-3-614, until the requirements of the
division superintendent as to such measuring devices are
complied with.