§ 41-6-301 — Disagreements may be referred to water commissioner; action by commissioner; fees

When two (2) or more persons, joint owners in an irrigation
ditch or reservoir, not incorporated, or their lessees, are
unable to agree relative to the division or distribution of
water received through their ditch or from their reservoir, it
shall be lawful for any of the owners or lessees to apply to the
water commissioner of the district in which the ditch or
reservoir shall be located, by a written notice setting forth
that fact, asking the water commissioner to take charge of the
ditch or reservoir for the purpose of making a just division or
distribution of the water from the ditch or reservoir to the
parties entitled to the use of the water. The water commissioner
shall take exclusive charge of the ditch or reservoir for the
purpose of dividing the water in accordance with rights
established by existing decrees, and continuing the work until
the necessity shall cease to exist. In all cases where the water
commissioner or a deputy water commissioner is called upon to
divide the waters of a ditch or reservoir between appropriators,
when the term of his employment exceeds three (3) consecutive
days he shall be paid in full for his service by the interested
water users in proportion to the established rights of each. Any
payments not made for the service of the water commissioner
after a written demand has been made for payment, the bill for
the water commissioner's services shall be a lien upon any land
or other property owned by an interested water user refusing to
pay and may be recovered in any court of competent jurisdiction.
Any reimbursement recovered under this section for services of
the water commissioner shall be paid into the general fund.