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CHAPTER 48.

AN ACT TO AMEND SECTION 9, OF CHAPTER 2 OF THE ACTS OF

35th LEGISLATIVE ASSEMBLY. H. B. No. 200; Approved March 18, 1907.

CONTENTS.

Sec. 1. Amending Section 9, Chapter 2, of Laws of 35th Legislative Assembly, by

addition of proviso. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. That Section 9 of Chapter 2, of the acts of the 35th Legislative Assembly of the Territory of New Mexico, be, and the same is hereby amended by adding at the end of said section, after the word, “incurred", the following words: Provided however, The said trustees, may take in other patients for treatment and care, upon the payment of all.ex. penses therefore, by said patients, when the same may be so received and treated without excluding any miners from said hospital.”

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and his act shall take effect from and after its passage.

CHAPTER 49.

AN ACT TO CONSERVE AND REGULATE THE USE AND DISTRIBU

TION OF THE WATERS OF NEW MEXICO; TO CREATE THE
OFFICE OF TERRITORIAL ENGINEER; TO CREATE A BOARD
OF WATER COMMISSIONERS, AND FOR OTHER PURPOSES.
H. B, No. 120; Approved March 19, 1907.

CONTENTS.

Sec. 1. All natural waters in New Mexico belong to public.
Sec. 2. Beneficial use basis of measurement of right to use water. Rights to be

governed by priority. When to date. Sec. 3. Who may exercise right of eminent domain to acquire rights-of-way for

ditches, etc. Engineers of U. S. Territory and others may enter upon

public and private lands, when. Liability for damage. Sec. 4. Creating office of territorial engineer. How appointed. Term of omce.

Subject to removal for cause. Duties. Salary etc. Office, where. Not

to engage in private practice, except. Sec. 5. May employ assistants. Salaries and expenses how paid.

Sec. 6 To give bond and take oath.
Sec. 7. Claims for services, how paid.
Sec. 8 Yearly report to governor. When to be rendered and what to include.
Sec. 9. Fees to be received by territorial engineer.
Sec. 10. Records of office public. What to consist of.
Sec. 11. Territorial engineer to make rules necessary.
Sec. 12. Engineer to have supervision of apportionment of water in Territory.
Sec. 13. Territory to be divided into stream systems.
Sec. 14. Engineer to appoint water masters. Duties. Number.
Sec. 15. Appeal from decision of water master. How made and to whom.
Sec. 16. Rate of pay for water master.

How paid
Sec. 17. Report of water master. To whom and what to consist of.
Sec. 18. Engineer to assist county commissioners in miscellaneous work.
Sec. 19. Engineer to make hydrographic surveys.
Sec. 20. Attorney general to institute suit, when and for what purpose. Proviso.
Sec. 21. Procedure in suits for determination of water rights. May be submitted to

jury or referee. Sec. 22. Appropriation "Hydrographic Survey Fund." Sec. 23. Copy of decree to be filed in office of engineer. Contents of decree. Sec. 24. Method of making application, etc., for water right. Engineer may require

additional information, when. Excess of water. Sec. 25. Date of application to go on record. If application is defective as to form,

method of correction. Conditions governing priority rights. Proviso. Sec. 26. Mode of procedure is application is correct. Publication of notice. Proof

of publication to be filed. Sec. 27. Further steps necessary to secure water rights. Proviso. Sec. 28. When engineer may reject application Sec. 29. Time in which work must be completed. Proviso. Sec. 30. Inspection of completed work. When and how. Proviso. Sec. 31. Certificate of approval. When issued. Sec. 32. If works unsafe, engineer to notify. Fees for inspection how and by whom to

be paid. Proviso. Sec. 33. Misdemeanor to use works, etc., until notice is received by engineer that

same are or have been made safe. Sec. 34. Inspection of completed work. How and when made. Sec. 35. Time may be extended. How and length of time. Sec. 36. Permit may be assigned. Binding if recorded. Proviso. Sec. 37. Question of fact may be summitted to jury in suit. Sec. 38. Legal advisers of territorial engineer. Sec. 39. When water in excess is used or stored, owner required to deliver to other

on application. Sec. 40. If United States notified that water is to be utilized, no applications to be

considered Proviso. Sec. 41. Standard of measurement. Sec. 42. When party securing permit forfeits. Sec. 43. Limitations of amount of water to be allowed. Sec. 14. Water appurtenant to land cannot be transferred. Proviso. Applicant to

publish notice. Sec. 45. Method of changing use of water already secured. Sec. 46. Ditch owners to construct and maintain measuring devices. Penalties for

disturbing same. Sec. 47. Various acts constitute misdemeanors. Engineer or authorized assistant

may make arrest. Duties Engineer and assistants may enter on public

and private property for carrying out their duties, Sec. 48. Unauthorized use of water a misdemeanor. Sec. 49. Owners to construct bridge. County commissioners may construct and

collect cost. Sec. 50. Unlawful to place or maintain obstructions in ditch. Sec. 31. Penalties for violations of sections of this act.

Sec. 52. Liens in this act superior to other incumbrances.
Sec. 53. In case of seepage, others may apply for water. When.
Sec. 54. Rights-of-way granted for ditches, etc.
Sec. 55. Conditions under which land may be transferred from Territory to other in

future. Lands granted to U. S. without charge.
Sec. 56. Appropriation for salaries, etc.
Sec. 57. Local customs and rules to stand.
Sec. 58 When water masters are to be appointed.
Sec. 59. This act not to impair existing vested rights.
Sec. 60. Transfer of water from one stream to another, when permissable and

manner of replacement. Sec. 61. When works enlarged, party doing work to enjoy benefil. Sec. 62. Board of water commissioners created. Must take oaths. Date of meetings Sec. 63. Duties. Sec. 64. Duties of engineer in cases of appeal. Sec. 65. Verdict of board to be final, unless of appeal to district court. Sec. 68. Duties of board in cases of appeal to district court. Costs, how collected. Sec. 67. Board may adopt seal. Misdemeanor to fail to answer summons of board.

Penalty. Sec. 68. Salaries of board. Expenses. Sec. 69. Clerk to be appointed by board. Salary. Sec. 70. Granting rights-of-way over territorial lands. Sec. 71. Permits, etc., to be filed, where. Sec, 72. Unlawful to divert waters to other valley. Penalties for violation of this

section. Sec. 73. Repeal section. Be it enacted by the Legislative Assembly of the Territory of New

Mexico: Section 1. All natural waters flowing in streams and water courses, whether such be perennial, or torrential, within the limits of the Territory of New Mexico, belong to the public and are subject to appropriation for beneficial use.

Sec. 2. Beneficial use shall be the basis, the measure and the limit of the right to the use of water, and all waters appropriated for irrigation purposes, except as otherwise provided by written contract between the owner of the land and the owner of any ditch, reservoir or other works for the storage or conveyance of water, shall be appurtenant to specified lands owned by the person, tirm or corporation having the right to use the water, so long as the water can be beneficially used thereon, or until the severance of such right from the land in the manner hereinafter provided. Priority in time shall give the better right. In all cases of claims to the use of water initiated prior to the passage of this act, the right shall relate back to the initiation of the claim, upon the diligent prosecution to completion of the necessary surveys and construction for the application of the water to a benefi

All claims to the use of water initiated after the passage of this act shall relate back to the date of the receipt of an application therefor in the office of the territorial en

cial use.

9

gineer, subject to compliance with the provisions of this act, and the rules and regulations established thereunder.

Sec. 3. The United States, the Territory of New Mexico, or any person firm, association or corporation, may exercise the right of eminent domain, to take and acquire land rightof-way for the construction, maintenance and operation of res. ervoirs, canals, diches, flumes, acqueducts, pipe lines or other works for the storage or conveyance of water for beneficial uses, including the right to enlarge existing structures, and to use the same in common with the former owner; any such right-of-way for canal, ditch, pipe line, or other means for the conveyance of water shall in all cases be so located as to do the least damage to private or public property consistent with proper use and economical construction. Such land and right-of-way shall be acquired in the manner provided by law for the condemnation and taking of private property in the Territory of New Mexico for railroad, telegraph, telephone and other public uses and purposes. The engineers and surveyors of the United States, the Territory and of any person, firm or corporation shall have the right to enter upon the lands and waters of the Territory and of private persons and of private and public corporations, for the purpose of making 'hydrographic suryeys and examinations and surveys necessary for selecting and locating suitable sites and routes for reservoirs, canals, pipe lines and other water works, subject to responsibility for any damage done to such property, in making such surveys.

Sec. 4. There shall be a territorial engineer, who shall be a technically qualified and experinced hydraulic engineer, and who shall be appointed by the governor and such appointment confirmed by the council. He shall hold office for the term of four years from and after his appointment, or until his successor shall have been appointed, and shall have qualified He shall be subject to removal only for cause. He shall have general supervision of the waters of the Territory and of the measurement, appropriation, and distribution thereof, and such other duties as are required by this act. He shall receive a salary of two thousand dollars per annum and actual necessary traveling expenses while away from his office in the discharge of official duties. The office of the territorial engineer shall be located at the seat of government. He shall not engage in any private practice except as consulting engineer: Provided, however, That he may establish a schedule of fees for drawing plans, preparing specifications and giving expert advice and other services as consulting engineer, and charge such fees for services, making a report to the auditor of Territory of all fees and compensation paid to him for such services: Provided, further, That when the total amount collected for such services as consulting engineer as hereinabove defined shall have amounted to the sum of two thousand dollars, that any fees collected thereafter, during any one year, shall be turned into the treasury of the Territory.

Sec. 5. The territorial engineer may employ assistants and purchase materials and supplies for the proper conduct and maintenance of his office and department, in pursuance of appropriations as made from time to time for such purposes. The salaries and expenses of the office of the territorial engineer shall be paid at the same time and in the same manner as those of other officers of the Territory.

Sec. 6. Before entering upon the duties of his office the territorial engineer shall take the oath as prescribed by law for territorial officials. He shall file with the Secretary of the Territory, a bond, in the penal sum of ten thousand ($10,000) dollars, to be approved by the attorney general, and conditioned upon the faithful discharge of his duties and for delivery to his successor of all property belonging to the public then in his possession or control.

Sec. 7. All claims for services rendered, expenses incurred, or materials or supplies furnished under the direction of the territorial engineer and which are payable from the funds appropriated for the prosecution of the work under his direction and supervision, shall be approved by the territorial engineer and properly vouchered and filed in the office of the territorial auditor, who shall, if he finds the same to have been incurred in accordance with law, audit and allow such claims and issue his warrant on the treasurer in payment thereof.

Sec. 8. The territorial engineer shall prepare and deliver to the governor, on or before November 30th of the year preceding the regular session of the legislature, and at other times when required by the governor, a full report of the work of his office, including a detailed statement of the expenditures thereof to and including October 31st, with such recommendations for legislation and appropriation as he deem advisable.

Sec. 9. The territorial engineer shall receive the following fees, to be collected in advance and to be paid by him into the hydrographic survey fund of the territorial treasury he rein provided for upon the last day of March, June, Septem ber and December of each year.

) (a) For filing and examining an application for permit to appropriate water, map, and field notes of the same, which shall include the filing of proofs of publication and all other

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