OCR Text |
Show 526 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION to use water, the right being defined for the purposes of the distribution chapter as "any water right which has been adjudicated by the court or is represented by valid permit or license issued by the department of reclama- tion."56 Water is distributed by watermasters on the basis of priority of right.57 Kansas The Chief Engineer of the Division of Water Resources administers laws pertaining to beneficial use of water in accordance with rights of prior appropriation. He promulgates and enforces rules and regulations, requires installation of measuring devices, and regulates control works. Subject to approval of the State Board of Agriculture, he establishes field offices and appoints water commissioners to represent him in performing these duties.58 A further function of the Chief Engineer is to aid in the distribution of water pursuant to court decrees of adjudication. He is authorized to adjust headgates and regulate controlling works. Copies of such decrees must be sent to the Chief Engineer by the clerk of the court.59 It is the duty of the Attorney General, upon request of the Chief Engineer, to bring suit in the name of the State to enjoin unlawful diversions, uses, and waste of water.60 Montana No State administrative authority has control over the exercise of water rights and distribution of water. On application of owners of at least 15 percent of water rights affected by an adjudication decree or decrees, it shall be the duty of the district judge, at his discretion, to appoint one or more commissioners to distribute the water. If the petitioners are unable to obtain applications of at least 15 percent of the owners, and they are unable to obtain the water to which they are entitled, the judge still may, in his discretion, appoint a water commissioner. Owners of stored waters, including the State Water Resources Board and its contractors, may petition the court to provide water commissioner distribution of the waters.61 Commissioners have power to make arrests.62 They do not have complete and exclusive jurisdiction to control the stream as such. Their authority, as well as that of the court in issuing instructions to them, depends upon the controlling provisions of the decree.63 "Idaho Code Ann. § 42-605 (Supp. 1969). "Id. § 42-607. 58Kans. Stat. Ann. § § 82a-106 to -106e (1969). 59Id. §§ 82a-719and-720. 60Id. § 82a-706d. 61 Mont. Rev. Codes Ann. § 89-1001 (1964). 62Id. § 89-1008. "Quigley v. Mclntosh, 110 Mont. 495, 499-500, 510-511, 103 Pac. (2d) 1067 (1940); State ex rel Reeder v. District a., 100 Mont. 376, 382, 47 Pac. (2d) 653 (1935). |