1. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of this chapter shall desire to use the bed of a stream or other watercourse for the purpose of carrying stored or impounded water from the reservoir to the consumer thereof, the owner, manager or lessee shall, in writing, notify the State Engineer and the water commissioner of the district in which the water is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all the persons and ditches entitled to its use. The State Engineer or an assistant thereof shall then regulate such works and headgates of all ditches from the stream or watercourse not entitled to the use of such stored water as will enable those having the right to secure the volume to which they are entitled.

2. The State Engineer shall keep a true and distinct account of the time spent by the State Engineer in the discharge of his or her duties, as defined in this section, and shall present a certified statement thereof to the board of county commissioners of the county wherein the expense is incurred. The board of county commissioners shall present a bill for the expense so incurred to the reservoir owner, manager or lessee, and if such owner, manager or lessee shall neglect for 30 days after the presentation of such bill of costs to pay the same, the costs shall be made a charge upon the reservoir and shall be collected as delinquent taxes until payment of such bill of costs has been made.

[77:140:1913; 1919 RL p. 3246; NCL § 7963]