The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1910-04-01

ANtotih& W bhC lAtNilE " ShtAaotN
hsadgates and measuring devices be
carried out by the water commission ,
er by giving suitable Instructions to
the regularly elected or appointed
watermaster, making it his duty to
notify all users of water on tue
streams to put IN suitable devices,
aud default of such work being done,
to place the same AT the cost of the
water user. rendering AN itemized
bill which will be approved by the
water commissioner and presented
to the county commissioners ~ pro-
vided by law 1t is further pravioed
that in all cases of new construction
the trapezoidal weir will be adopted
as the standard meas suring deyice,
" wherever it is practicable to use the
same, and in no case will a measur
ing weir be tolerated for use as a di
vision box. but suitable division box
e., must be paced independent of the
measuring device, so as to suitably
coutrol the flow of water IN the
ditch. This policy is outlined in
/ view OF the fact that upon many
/ streams there has been heretofore
very inadequate provisions for con-
lroIling water, aud upon the convc-
| tion Of the board that such control
or proper measurement is absolutely
secessary in order to protect the
best interests Of all water users.
The statute is ds follows:
HEADGATEs AND MEASURING DEVICES
Sec. 1882. The appropriator of
any o the public waters of the state
Shall main tain to the satisfaction of
the water commissioner of the dis
trict in which such appropriation is
made, substan tial headgate at the
point where the water is diverted,
which shall be Of such construction
| that it can be locked and kept closed
by the watermaster or other officer
! n charge, aud such appropriation
Shall construct and maintain, when
required by the water commiss sioner,
a rating fiume or other measuring
device as near the head of such ditch
as is practicable, for the purpose OF
| assisting the water master IN deter
mining the amount OF water that
may be diverted into said ditch from
the stream Plans for such rating
! fumes or other measuring devices
shall be furnished by the State En-
nineer. 1t shall also be the duty of
those taking water from a ST. cam
whose waters have been allotted, TO
place at suitable intervals on said
stream, unuer the direction of the
/ tpa t.ar ,isls Of fhn 1iuig
IN which such stream is situated ,sui'- :
able measuring devices. SO that the
I flow of such stream may be proper
Try measured lfany user or appro-
priator of public waters that may or
may not have been allotted, neglect
or refuse to put in such headgates or
measuring DEVICES as will provide
for the proper distribution of said
water according 10 the rights Of the
several parties entitled to the use
thereof, after ten days notice to do
SO by the water commissioner TO put
in such headgates, fumes or meas
urlng devices, at the expense OF the
county where the expense Is incurred,
and said water commissioner shall
make up a sworn statement OF the
cost of such headgates, fumes or
measuring devices, which shall be
presented to the board of county
con- missloners at their first regular
meeting alter the performance OF
such work, and said county commis-
sioners shall present bill of costs
to the owners of said ditch or ditch
es: provided, that If the owner o
apv such ditch shall refuse or neg
lect for ten deys after the presenta
tiou of such bill Of costs to pay th'
/ same, or any other charge mad,
against such ditch or the owne
thereof under the provisions o
this chapter, the water commission
] pr shall order the headgate of sue
ditch closed and locked. and sue
headgate shall remain closed an
locked until such charge or charge
: shalt be paid.-Laws 1899, 223, Sec
j 81.