It is the duty of those owning or controlling such canals or ditches to appoint a superintendent, whose duty it is to measure the water from such canal or ditch through the outlets to those entitled thereto, each according to his pro rata share.
Source: L. 1887: p. 305, § 3. R.S. 08: § 3256. C.L. § 1735. CSA: C. 90, § 133. CRS 53: § 147-7-21. C.R.S. 1963: § 148-7-20.
ANNOTATION
Under this section the superintendent of an irrigation ditch is authorized to control the headgates to the laterals therefrom, and decree enjoining interference with him in the exercise of this authority was affirmed. Koen v. Ft. Bent Ditch Co., 67 Colo. 34, 185 P. 653 (1919).
Where in a water rights action, although the trial court dissolved the preliminary injunction which restrained defendants from interfering with plaintiffs' headgates, to which ruling no error was assigned, nevertheless, defendants assert error as to court's failure to enjoin plaintiffs from interfering with the measurement and delivery of water to plaintiffs by defendants, it was held, under the circumstances there was no merit to defendants' assertion since contract which gave defendants the right to operate the ditch had already expired by its own terms. Winter v. Tarabino, 173 Colo. 30, 475 P.2d 331 (1970).