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Show 532 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION or its diversion, storage, or use in excess of the quantities water rights holders are entitled to; and he may regulate the distribution from any system of works that serves users whose rights have been separately determined.117 If water rights of record in the office of the Commission have not been adjudicated, the claimants of the rights and the Commission may enter into a written agreement for their administration.118 Permits, other than temporary permits, issued by the Commission to appropriate water from an adjudicated stream are subject to administration in the same manner as adjudicated water rights.119 In any suit to which the State of Texas is a party, the purpose of which is to determine the rights of parties in not more than four counties to divert and use waters of a surface stream, the court is authorized to appoint a water master to distribute, under orders of the court, waters taken into judicial custody. However, the court may not appoint a watermaster to act both upstream and downstream from any reservoir constructed on such a stream.120 In litigation initiated in 1952 in the lower Rio Grande valley, a court of civil appeals expressed its belief that the trial court had effectively met a pressing need for maintaining the status quo under a voluntary rationing agreement "by means of the equity arm of the court aided by a Master in Chancery," who performed all the duties required of him by the court and acted under its orders. Thus, among all water users, the court maintained substantially the same status that had existed for a long time previously.121 Utah The State Engineer establishes water districts and defines their bound- aries.122 He annually appoints water commissioners to distribute water from all or parts of any river system or water source, or a single commissioner for several distinct sources, when this is necessary in his judgment or that of the district court. The State Engineer must consult with the water users before making an appointment. If a majority agree, he acts in accordance therewith; if not, he makes a determination for them. The State Engineer may remove water commissioners for cause; or the water users may petition the district court for removal, whereupon the court after notice and hearing may order the removal and direct the State Engineer to appoint necessary successors.123 A major function of the State Engineer is to carry into effect judgments of courts respecting administration of water rights and distribution of water. This includes division of water within any district in accordance with the several 117/rf. § 8(c). 118Id. § 8(g). n9Id. § 6. 120Id. art. 7589b. 121 Hidalgo County W.I. Dist. No. 2 v. Cameron County W.C. & I. Dist. No. 5, 253 S.W. (2d) 294, 300-301 (Tex. Civ. App. 1952, error refused n.r.e.). I22Utah Code Ann. § 73-2-1 (1968). 123Id. § 73-5-1. |