45-110. Duties of superintendent; injunctive
relief of injured water user
A. The superintendent of each water district shall:
1. Divide the water of the sources of supply of his district among the several
ditches and reservoirs taking water therefrom, and among the laterals and ditches
according to the rights of each.
2. Shut and fasten the head gates of ditches, and regulate the controlling works of
reservoirs in time of scarcity of water as is necessary by reason of the rights existing
from the supply of his district.
3. Regulate the distribution of water among the users under a partnership ditch or
reservoir in accordance with existing judgments or decrees where the rights have been
determined.
4. As far as practicable, divide, regulate and control the use of waters in his
district by closing head gates to prevent the waste of water or its use in excess of the
volume to which the owner of the right is lawfully entitled.
B. When the superintendent regulates a head gate to a ditch or the controlling
works of reservoirs, he shall attach to the head gate or controlling works a written
notice, dated and signed, stating that the head gate or controlling works has been
regulated by him and is wholly under his control, and the notice shall be legal notice to
all parties interested in the division and distribution of the water of the ditch or
reservoir.
C. Any person injured by such action by the superintendent may apply to the
superior court for an injunction against the superintendent, but the injunction shall not
be issued unless it appears that the superintendent has failed to carry into effect the
order of the director or a judgment or decree of court determining existing rights to the
use of the water.
|