US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 6
                            DISTRIBUTION OF WATER
                             AMONG APPROPRIATORS
    42-607.  DISTRIBUTION OF WATER. It shall be the duty of said watermaster
to distribute the waters of the public stream, streams or water supply,
comprising a water district, among the several ditches taking water therefrom
according to the prior rights of each respectively, in whole or in part, and
to shut and fasten, or cause to be shut or fastened, under the direction of
the department of water resources, the headgates of the ditches or other
facilities for diversion of water from such stream, streams or water supply,
when in times of scarcity of water it is necessary so to do in order to supply
the prior rights of others in such stream or water supply; provided, that any
person or corporation claiming the right to the use of the waters of the
stream or water supply comprising a water district, but not owning or having
the use of an adjudicated or decreed right therein, or right therein evidenced
by permit or license issued by the department of water resources, shall, for
the purposes of distribution during the scarcity of water, be held to have a
right subsequent to any adjudicated, decreed, permit, or licensed right in
such stream or water supply, and the watermaster shall close all headgates of
ditches or other diversions having no adjudicated, decreed, permit or licensed
right if necessary to supply adjudicated, decreed, permit or licensed right in
such stream or water supply. So long as a duly elected watermaster is charged
with the administration of the waters within a water district, no water user
within such district can adversely possess the right of any other water user.