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Show 530 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION water masters may be appointed.98 The watermaster and his assistants have power to make arrests." It is a continuing duty of the watermaster to so regulate use of water within his district by closing or partially closing control works as to prevent waste of water by use in excess of the quantity to which the water right owner is rightfully entitled, or in excess of his need for such maximum quantity.100 Whenever any water users are unable to agree upon the distribution of water, a majority of them may apply to the watermaster for a just distribution.101 Distribution schemes may be altered by parties who enter into written agreements to rotate the use of water which the watermaster shall distribute accordingly.102 South Dakota As with North Dakota, this State originally had an unnecessarily elaborate statutory program of water rights administration, considering the small total acreage of irrigated land (in comparison with Colorado and Wyoming) and the fact that nearly all of it was concentrated in the two tiers of counties lying between the 102d meridian and the western State boundary. The program was put into effect to some extent, but never completely. After various judicial and legislative vicissitudes, all water rights statutes pertaining to watercourses were repealed and replaced by new sections in 1955. The South Dakota Water Resources Commission is vested with functions of administering water rights and supervising distribution of water to those entitled to receive it.103 The Commission passes on designs for headgates and other measurement devices and apportionment structures; it may order their installation by ditch owners under penalty of nondelivery of water if they fail to comply.104 It appoints watermasters to act under its orders for distributing water from any stream system or water source when deemed necessary by the Commission or by the court having jurisdiction, after consultation with the water users.105 If a majority agree, it shall make a determination for them.106 The Commission may remove watermasters for cause, or it may be required by the court to do so and to appoint successors after petition by water users, 9iId. § 540.080. 99Id. § 540.060. 100Id. § 540.040(5). 101 Id. § 540.100. See also §§ 540.210 to .270 containing similar provisions relating to the distribution of water by a watermaster from a ditch or reservoir. These provisions are not applicable to works of irrigation districts or district improvement companies, unless the watermaster has been requested by the district to distribute the water. 102Id. § 540.150. 103 S. Dak. Comp. Laws Ann. § 46-2-9 (1967). 104/cf. § 46-7-2. 105 Jd. § § 46-10-9 and 46-10-12. 106Id. § 46-10-10. |