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Show 716 UTAH ferred by that legislation, and this was primarily in the area of water measurement and distribution.5 However, in subsequent years the legislature expanded the State Engineer's duties to encompass all matters involving the appropriation of water, and to assist the district court in the statutory adjudication of water rights. Conse- quently, the State engineer now has general administrative super- vision of the waters of the State.6 B. GENERAL POWERS AND DUTIES OF THE STATE ENGINEER Under the current statutes, the State engineer has numerous duties relating to water right administration. All applications to appro- priate, as well as applications to change existing rights, must be initiated through, and be approved by, the State engineer. This in- cludes a review of the proof of appropriation when the water has been placed to beneficial use and the issuance of a certificate of appropriation as evidence of the perfected water right.7 In order to assure proper distribution of the existing water supply, the State engineer, after consulting with the affected water users, has the authority to appoint a water commissioner to distribute the waters of a given source among the various users. The salary and expenses of the commissioner are paid by the individual water users on a pro rata basis. To assist the commissioners in the distribution of water and to assure an accurate apportionment of the water, the State engineer may require users to install proper measuring devices and control structures. The engineer is also authorized to carry into effect the judgments of the courts in relation to the division and distribution of water. With certain exceptions, the State engineer has supervision over the construction, maintenance, repair, and operation of dams to insure the safety of persons and to protect property.8 Utah has a statutory procedure for the adjudication of existing rights to a stream or other water source, including ground water. Once such an action is initiated, it is the State engineer's responsi- bility to investigate the claims to water made by the individual water users, to prepare a hydrographic survey of the area involved, and to assemble the information gathered into a proposed determination of water rights for submission to the court and the individual water users.9 The State engineer may adopt such rules and regulations as are necessary to carry out the duties of his office. He is authorized to enter into agreements with the agencies of the United States or other State agencies to secure information and conduct investiga- tions concerning the water resources of the State. He may initiate suit to enjoin the unlawful appropriation, diversion, waste, or pollu- tion of both surface and ground water. Upon request, the State engi- neer is authorized to aid both the State and Federal district courts by collecting facts and making surveys in water disputes.10 5 Utah Laws, 1897, ch. 38 at 77-79. 8 Utah Code Ann., sec. 73-2-1. 'Utah Code Ann., sees. 73-3-1 to 73-3-29. 8 Utah Code Ann., sees. 73-5-1 to 73-5-14. 9 Utah Code Ann., sees. 73-4-1 to 73-4-24. 10 Utah Code Ann., sees. 73-2-1 to 73-2-21. |
