OCR Text |
Show 522 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION watermaster in the performance of his duties may complain to his superiors, whose duty is to investigate and, if appropriate, to take corrective action. It is the duty of a watermaster in charge of distribution of water of an adjudicated stream-whether appointed by court or by the State-to distribute the water according to the rights of those entitled to receive it. As between appropriative rights, in the watermaster's routine of opening, closing, and adjusting diversion headgates, his guide is a schedule of all appropriative rights in good standing that attach to the stream system, ordinarily arranged in the chronological order of their respective dates of priority.19 Each right relates to a specific flow of water, usually in cubic feet per second. As the natural streamflow diminishes with the advancing season, headgates generally are lowered or closed in the reverse order of priorities, beginning with the latest in time and working backward in time, always reserving sufficient water to fill completely the requirements of the earlier rights. Should there be an increase in the natural flow, the gates are opened and raised to give the junior appropriators the benefit of the available supply. As a practical matter, the wide divergence from one State to another in the importance and utilization of this arm of the water administrative program results from the volume of demands for its functioning. In general, statutes require water distribution areas to be established and put into operation as the need develops. This need may vary with the rate of water development in the State, but not necessarily so. California, with its vast and widespread water uses, has one of the simpler distribution plans. An outstanding use of this plan in California is on the Kings River, in San Joaquin Valley, where for many decades the water rights situation has been extremely complicated.20 North and South Dakota started out with ambitious water distribution schemes inspired by those of Colorado and Wyoming, yet with very small aggregate areas under irrigation. Not only this, but the watered areas were concentrated mostly in the extreme western regions. Both States eventually discarded these plans as obsolete. Instead, North Dakota simply places all water distribution functions under the Water Conservation Commission.21 South Dakota authorizes organization of water use control areas and appointment of watermasters when necessary.22 Idaho also started out with a statewide plan which was never put into operation. Instead, there is an operating plan of districts for adjudicated streams and elected watermasters under central State supervision.23 The Kansas "This is subject to restrictions and preferences as discussed at the end of chapter 7. 20 For an interesting and authoritative account of that era on this important stream system, see Kaupke, C. L., "Forty Years on Kings River, 1917-1957" (1957). 21 N. Dak. Cent. Code Ann. § 61-02-29 (1960). "S. Dak. Comp. Laws Ann. § 46-10-9 and 46-10-14 (1967). "Idaho Code Ann. § 46-602 (1948). |