85-20-105. Duty to install measuring devices. A person claiming an appropriative right to use any waters of any interstate tributary of the Yellowstone River that was acquired after January 1, 1950, shall, after February 25, 1953, and before the person diverts any water, install in the person's ditch or other means of diversion a weir or other measuring device so that all of the water to be diverted by the person can be accurately measured. The installation of a weir or other measuring device is subject to the approval of the department, and if in its judgment the weir or other measuring device or the installation of the weir or device is defective so that the water cannot be accurately measured, it may order the installation of an accurate measuring device. The claimant may not divert any water until the claimant complies with the order.
History: En. Sec. 4, Ch. 92, L. 1953; amd. Sec. 11, Ch. 280, L. 1965; amd. Sec. 158, Ch. 253, L. 1974; R.C.M. 1947, 89-908; amd. Sec. 2827, Ch. 56, L. 2009.