45-203. Head gates; measuring devices required
on canals and reservoirs
A. The owner of a ditch or canal shall maintain at the point where the water is
diverted a substantial head gate so constructed that it can be locked and kept closed by
the water superintendent. An owner, when required by the director of water resources,
shall construct and maintain measuring devices at points along the ditch to assist the
water superintendent in determining the amount of water to be diverted into the ditch
from the stream, or taken from it by the users.
B. The owner of a reservoir located across or upon the bed of a natural stream
shall, when required by the director, construct and maintain a measuring device, approved
by the director, below the reservoir, a gauge graduated to feet and tenths of feet inside
the reservoir and a capacity table for the reservoir, and, if necessary, a measuring
device above the reservoir on each source of supply discharging into the reservoir.
C. When necessary for the protection of other water users, the director may require
flumes to be installed along the line of a ditch.
D. If the owner of irrigation works refuses or neglects to construct and maintain
head gates, flumes or measuring devices after twenty days' notice, the director may close
the ditch and it shall not be opened or water diverted from the source of supply until
the requirements of the director have been complied with. If the owner of a reservoir
located across the bed of a natural stream neglects to install such measuring device
after twenty days' notice, the director may open the sluice gate or outlet of the
reservoir and it shall not be closed until the measuring devices are installed. A person
violating this subsection shall be punished as provided by section 45-112.
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