85-5-407. Appointment of water commissioner after final decree. When the rights of the respective parties in said action to the use of the waters flowing in said ditch shall be adjudicated, the judge of the district court having jurisdiction of the subject matter, upon the application of the owners of at least 10% of the waters of said ditch, may, in the exercise of his discretion, appoint a water commissioner to divide, apportion, and distribute the waters of said ditch to the respective parties according to their respective rights as set forth in such decree. When a commissioner is appointed under the provisions of 85-5-101 through 85-5-301 to apportion and distribute the waters of the stream from which the water flowing in said ditch is taken, such commissioner shall, when so directed by the judge or court, apportion and distribute the waters of said ditch according to the decree by which the rights of the respective owners were adjudicated.

     History: En. Sec. 7, Ch. 181, L. 1919; re-en. Sec. 7158, R.C.M. 1921; re-en. Sec. 7158, R.C.M. 1935; R.C.M. 1947, 89-1023.