Every ditch owner shall construct and maintain a substantial headgate at the point
where the water is diverted and shall construct a measuring device, of a design approved
by the state engineer, at the most practicable point or points for measuring and apportioning
the water as determined by the state engineer. The state engineer may order the construction of such device by the ditch owner
and if not completed within twenty days thereafter the person in charge of the irrigation
works, upon instructions from the state engineer, shall refuse to deliver water to
such owner. The taking of water by such ditch owner until the construction of such device and
the approval thereof by the state engineer shall be unlawful. Such devices shall be so arranged that they can be locked in place, and when locked
by the person in charge of the irrigation works or that person's authorized agent,
for the measurement or apportionment of water, it shall be unlawful to interfere with,
disturb, or change the same, and the use of water through such device after having
been interfered with, disturbed, or changed shall be prima facie evidence of the guilt
of the person benefited by such interference, disturbance, or change.
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