APPENDIX V: REGULATIONS FOR WATER DIVISION
REGULATIONS FOR THE DIVISION OF THE
NOV - 2 1933
Pursuant to authority vested in me by Presidential Proclamation of May 31, 1923, the following regulations are prescribed governing the distribution of the waters of Pipe Springs for irrigation, stock watering, and other purposes:
1. The waters of the Springs shall be divided equally, one-third to the Pipe Springs National Monument, one-third to the Indians of the Kaibab Indian Reservation, and one-third to the stockmen represented by a memorandum agreement signed June 9, 1924, by representatives of the respective interests.
2. In order to accurately divide the waters, there shall be installed recognized recording water meters at each of the three springs, from which the water supply for the respective parties is derived, and of the combined flow of such springs each of the respective parties shall be entitled to receive for their respective uses one-third of such quantity of water. The diversion and use of water before it empties into reservoirs now constructed on the Monument shell be charged against the one-third share of the total flow to the party receiving such quantity of water. In order to prevent dispute among the respective interests relative to their not receiving their total share of the water, there shall be installed similar water meters at the respective points of outlets through which water to the respective parties is being carried to their point of use.
3. The cost, including installation, maintenance, repairs and replacements of the meters shall be borne equally by the respective interests.
4. Failure on the part of the respective interests to pay for their share of the cost of the meters, their maintenance, repairs and replacements, shall be grounds for refusal of delivery of water to the parties so delinquent.
5. The respective interests involved shall have the right to inspect at any time the records of the division of the waters, but no tampering or interference with the meters shall be permitted. Should it appear at any time that any or all such meters after having been installed are not properly functioning, the matter, through proper channels, shall be submitted to the Director of the Park Service and the Commissioner of Indian Affairs, which Services shall have the meters inspected and if such inspection warrants, appropriate adjustments shall be made promptly.
6. Nothing herein shall be construed as in any way affecting or determining the respective water rights of the parties herein referred to. The right is reserved to modify, amend or change these regulations as conditions may warrant.
(Sgd.) OSCAR L. CHAPMAN
Last Updated: 28-Aug-2006