US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 8
                         DISTRIBUTION OF STORED WATER
    42-801.  CONVEYANCE OF STORED WATER THROUGH NATURAL CHANNEL -- APPOINTMENT
OF SPECIAL DEPUTY AND ASSISTANTS. Whenever the owner of a reservoir shall
desire to use the bed of a stream, or a natural water course, for the purpose
of carrying stored water, he shall in writing notify the department of water
resources, giving the date when it is proposed to discharge the water, its
volume in acre feet, and in cubic feet per second at the point of discharge,
and the persons and ditches entitled to its use. The department shall then
appoint a special deputy, unless a state watermaster has already been
appointed to deliver the waters from said stream, in which event the appointed
watermaster and his assistants may be instructed to make the delivery of the
stored water without further appointment, whose duty it shall be to adjust the
headgates of all ditches not entitled to the stored water, and in such manner
that those having the right to the use of such water shall secure the volume
to which they are entitled. For the purpose of delivering such stored water
the deputy appointed by the department of water resources may employ such
number of assistants as, with the approval of the department, he may deem
necessary. The owner of any reservoir proceeding under the provisions of this
section shall pay to the special deputy and to each assistant a  salary as
determined by the director of the department of water resources, or a salary
and expenses as negotiated with the owner of the said stored water and
approved by the director of the department of water resources, or pay to the
water district, if there is one, a sum based upon the cost of delivering a
unit of water.  Said charge by the water district will be determined and
collected in the same manner as prescribed in chapter 6, title 42, Idaho Code,
for compensating the watermaster for delivery of natural flow water.