OCR Text |
Show CURRENT STATUS 529 Engineer as president.84 These provisions were never put into effect, for they were too elaborate for a State with a very small total irrigated acreage (in comparison with Colorado and Wyoming), most of it concentrated in the extreme Western region of the State. They were omitted from the North Dakota Revised Code of 1943 as "obsolete." All functions relating to distribution of water are now exercised through the Water Conservation Commission, which is accorded full control over all unappropriated waters of the State, whether above or in the ground, to the extent necessary to fulfill its functions.85 The Commission may take any action to prevent any unauthorized diversion of its waters.86 When engaged in controlling and diverting the natural flow of any stream, the Commission is deemed to be exercising a police power of the State;87 but it is required to take into consideration court decrees of adjudication,88 and holders of vested rights who claim that the Commission is not respecting their rights may resort to the courts for protection.89 Oklahoma The Oklahoma Water Resources Board, which is vested with supervision over apportionment of water according to licenses and court adjudications,90 is required to divide the State into water districts as necessity arises. Water- masters may be appointed for such districts.91 Watermasters are to report such information to the Water Resources Board as the Board may require, such as the adequacy or inadequacy of the water supply, and the Board shall correct any errors of apportionment that may be needed.92 Oregon The State Engineer administers State laws governing the distribution of water.93 He divides the State into water districts as necessary,94 and for each such district appoints a watermaster95 who, under his general direction,96 regulates distribution of water to those entitled to receive it.97 Assistant 84 N. Dak. Laws 1905, ch. 34, § § 37-46. 85 N. Dak. Cent. Code Ann. § 61-02-29 (1960). 86Id. § 61-02-37. 87Id. § 61-02-44. 66Id. § 61-02-42. 89Id. § 61-02-44. 90Okla. Stat. Ann. tit. 82, § 81 (1970). 91 Id. §§ 71-75. 9iId. § 75. 93Oreg. Rev. Stat. § 540.030(2) (Supp. 1969). 94Id. § 540.010. 95Id. § 540.020. 96Id. § 540.030(1). 91 Id. § 540.040(1). |