OCR Text |
Show CURRENT STATUS 525 generally follow major watershed boundaries.43 Each division is headed by a division engineer,44 who (under the general supervision of the State Engineer)45 is responsible for the administration and distribution of water in his division.46 In distributing water, the State Engineer and division engineers are to be governed by the priorities for water rights and conditional water rights established by adjudication decrees.47 The State Engineer and division engineers are authorized to issue orders with respect to (1) partial or total discontinuance of the use of water not applied to beneficial use or required by senior appropriators that would cause material injury to them,48 (2) release from storage of illegally or improperly stored waters, (3) movement of water involved in plans for augmentation, (4) installation of measuring devices, and (5) entry by the State Engineer and division engineers and their assistants upon private property to inspect the use of water.49 If any order has not been complied with, the violator may be enjoined.50 Any person injured by the violation of a properly enjoined order, may recover treble damages.51 Hawaii In Hawaii, there is no special statutory procedure for administering water rights and distributing water'. Idaho The State Reclamation Engineer, who heads the Department of Reclama- tion,52 administers laws relative to distribution of water in accordance with rights of prior appropriation.53 The State is, by statute, divided into three water divisions54 and the Department is authorized to create water districts for administration of stream systems or independent sources of water supply, the appropriative priorities of which have been adjudicated.55 Watermasters and their regular assistants are elected by eligible persons owning or having a right 43 Colo. Rev. Stat. Ann. § 148-21-8 (Supp. 1969). 44/d. § 148-21-9. **Id. § 148-11-5. 46Id. § 148-21-17(1). 4'/d. § 148-21-17(3). See also § 148-21-28(2)(h) regarding tabulation decrees. 48 In this regard each diversion shall be evaluated and administered on the basis of the 1 circumstances and in accord with governing provisions in this article and the court decrees adjudicating water rights. 49Id. § 148-21-35. 50Id. § 148-21-36(1). 51 Id. § 148-21-37. " Idaho Code Ann. § 42-1804 (1948). "Id. § 42-602. 54 Id. § 42-601. "Id. § 42-604. |