The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-08-05

General Willard Young, state en-
gineer, has asked the attorney general
for an opinion ON the following ques-
tons:
4, Has the state engineer authority
to give instructions to watermasters
OF all the bitches diverting water from
the main stream, as to the .measure-
ment of water so as to secure a lust
distribution of the same; or can he give
instructions only to those who apply
for them ?"
2. II the state engineer has author
lily 10 give instructions to the water
masters of all ditches has he the au-
tnor1ty TO see that these instructions
are complied with and carried out?''
3. How shall the state engineer pro-
coed to enforce his Instructions in case
some of the watermasters decline to
comply with such?"
Replying. that official states the law
upon the matter. and says:
It would seem that the legislature in
eracting this section had in mind two
classes of persons when L vas made
the duty of the state engineer to ad-
wise in reference to the measurement
of water and the construction CT an
apparatus for such purpose. FirSt, the
people OF the state, generally, especially
those interested in the use IF water
from the public streams for i-rigS ton
and other purposes. Second. those who
have been designated by operations,
irrigation companies or individuals as
watermasters.
Clearly it would not be :he duty of
the state engineer to give the ilforma-
ton desired by any person OF the fi1st
class, except upon proper application
being made therefor. While IS to the
other class, it would seem 20 have been
the intention of the legislature to i'm
pose upon the state engineer The Of
fetal duty of giving special if.Slruc-
tions to them In the use of the term
'watermaster," il may be said that
the legislature assumed that there were
persons who, by reason Of their en-
ployment in relation to the uses Of va
ter, are so known and designated. The
term, so far as | have been allie to
ascertain, has never been Used by the
legislature before or since the enact
ment of the section above set out 1t
is matter of common KnOwledge,
however, that irrigation companies
have what they call watermasters,
whose province it is TO superin end ir-
rigation bitches, see that me proper
quantity of water is taken from the
public streams, and that the same is
properly distributed to those entitled
thereto. Undoubtedly the legislature
had such persons in mind when II en-
acted the last clause of section sec
ton I, directing TIE state engI 1eeer TO
give them special instructions as to
the measurement of, water, etc, and I
think it may be fair TO assume that in
order to secure uniformity of measure
ment of water as it is taken from the
public streams, it was intended that
such special Instructions should be
given in any event, and that Without
waiting until application should be
made therefor. In other words, 1t is
q direction, a command, from the Ieg-
islature TO the state engineer 10 per-
form an official duty, the purpose being
to secure a just distribution Of the
waters of the public streams of the
state to the various corporations, COM
Danies and individuals entitled thereto.
Answering your second and third
questions, l am of the opinion that
when you have given the instructions
above suggested, then your authority
power to compel obedience thereto.
should these instructions be ignored,
II should the parties to whom hey ere
directed refuse to comply with hem,
here are other provisions of law COW
ring such cases.
You are, therefore. advised that it is
our duty TO issue special instructions
O all vatermasters throughout the
tate relative TO the measurement of
water taken from the public streams
f the state for some useful or bene-
cial purpose without waiting for up
lication therefor This being lone,
our duty in the premises will aave
cen discharged.