Section 42
SEC. 42. Whenever ordered to do so by the Director of Public Works, any ditch owner shall construct and maintain a substantial head gate at the point where the water is diverted and shall construct a measuring device, all in accordance with designs approved by the Director of Public Works, at the most |>rac1ieable point or points for measuring and apportioning the water, as determined by the Director of Public Works. If the said works are not completed within ninety days after the receipt by the ditch owner of the order of the Director of Public Works, said Director may, in his discretion, refuse to deliver water to such owner, or extend the time of completion. The taking of water by such ditch owner after such refusal by the Director of Public Works until the completion of such head gate or measuring device and the approval thereof by the said Director shall constitute a misdemeanor under this Act. Penalty. Such devices shall be so arranged that they can be locked, and when locked it shall be a misdemeanor under this Act for any unauthorized person to disturb or change the same, and the use of water through such devices after having been disturbed or changed shall be prima facie evidence of the guilt of the person benefited by such interference, disturbance, or change in and of the said device.