85-5-408. Apportionment of costs. (1) When a commissioner is appointed upon the application of an owner or owners of such ditch, the court may fix the compensation of such commissioner and the term of his employment. The court shall make an order apportioning the amount of such compensation among the several owner or owners, tenants in common, or stockholders of said ditch according to their respective rights and interest, which order shall have the force and effect of a judgment against the person to whom the water was admeasured and for whose benefit it was used. When, in the discretion of the court, such order of apportionment of expense is made against the land for which such water was used, it shall have the force and effect of a lien against said land to which such apportionment was made. Execution may issue upon such order as upon a judgment by direction of the court, upon the application of any person interested therein.
     (2) When a commissioner is appointed under the provisions of 85-5-101 through 85-5-301 to distribute the waters of the stream from which the waters flowing in said ditch are taken and to apportion and distribute the waters of said ditch according to the rights of the respective owners thereof, the judge, in his discretion, may, in addition to the apportionment taxed against the respective owners of the waters of said stream, apportion and tax the amount, if any, the owners of such ditch shall pay in addition to the amount taxed under the provisions of 85-5-101 through 85-5-301.

     History: En. Sec. 8, Ch. 181, L. 1919; re-en. Sec. 7159, R.C.M. 1921; amd. Sec. 7, Ch. 125, L. 1925; re-en. Sec. 7159, R.C.M. 1935; R.C.M. 1947, 89-1024.