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Show 524 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION Arizona The State Land Department is directed to divide the State into water districts, with reference to drainage watersheds, from time to time as they become necessary, but not until then.29 For each such district, a super- intendent and assistants30 divide the waters among holders of rights thereto and regulate control works to prevent waste31 in accordance with decreed rights. Any injured party may obtain an injunction if it appears that the superintendent failed to effectuate a departmental order or court decree determining existing rights.32 California The Department of Water Resources shall create watermaster service areas33 and, at its discretion, on written request of a specified part of those controlling diversions therein, may appoint a watermaster and deputies34 to divide the waters according to the respective rights thereto.35 Provision is made for construction and maintenance of diversion works and measuring devices;36 remedies for persons injured by improper distribution;37 punishment of offenses;38 and handling expenses of distribution.39 If it appears that any statutory provisions are inconsistent with provisions of a court decree of adjudication, the Department may instead conform to requirements of the decree.40 The California Supreme Court has held that a trial court which had made a court reference had power, by supplementary order following judgment, to ap- point the Department to supervise, through the agency of a watermaster, the distribution of waters in accordance with the final decree.41 Colorado The State Engineer is responsible for administration and distribution of the waters of the State.42 The State is divided into seven water divisions that "Ariz. Rev. Stat. Ann. § 45-105(A) (1956). 30 Id. § 45-105(B). 31 Id. § 45-106(A). 32 Id. § 45-106(C). 33Cal. Water Code § § 4025 and 4026 (West 1956). 34 Id. § 4050. 35 Id. § 4151. 36Id. §§ 4100-4126. 37Id. §§ 4160 and 4161. 38Id. §§ 4175-4178. 39Id. §§ 42004335. 40 Id. § 4401. "Fleming v.Bennett, 18 Cal. (2d) 518, 529, 116 Pac. (2d) 442 (1941). 42 Colo, Rev. Stat. Ann. § 148-21-17(1) (Supp. 1969). See also Colo. Rev. Stat. Ann. § 148-11-3(1963). |