for each of the said claimants. Such certificate shall be first transmitted to the clerk of the county in which the claim is situated and by him recorded, in a book kept for that special purpose, the fee for making such record shall be one dollar, which sum shall be collected from the claimant, by the commissioner at the time of taking the testimony, and by the board of control paid to the county recorder taking a receipt therefor, and such receipt shall be kept on file in the office of the territorial irrigation engineer after such record said certificate shall be sent to the claimant to whom it belongs.

Sec. 37. Any party or parties feeling themselves aggrieved by the determination of the board of control may take an appeal to the district court in which such case arises, within sixty days after the recording of the determination of said board in the office of the territorial irrigation engineer. Appeals shall be allowed and may be taken by any person aggrieved to the supreme court of New Mexico within sixty days, from any final order of any district court. The procedure shall be as provided by law for civil suits on appeal: Provided, That the final order of the board of control or of any member thereof in adjudicating water rights where no appeal is taken as provided herein under the provisions of this law or the final decree of any court upon appeal, shall determine the priority of such water right, quantity and the use thereof, and thereafter such rights shall be administered by the territorial irrigation engineer or the board of control in accordance with said order or decree: Provided, Further, That the board of control or any member thereof, shall have no power to hear, determine or adjudicate any rights affecting community ditches or acequias, except by consent of all parties interested, using water from said community ditches or acequias.

Sec. 38. The board of control shall fix fees for all matters coming before said board; all moneys collected by the board of control or by any member thereof under the provisions of this act, shall be paid into the fund for the maintenance of said board of control.

Sec. 39. Any ditch or irrigation company may levy assessments against the stock of said company, held by those using water from such works and others to maintain said works, or for improvements.

Sec. 40. Nothing in this act shall be construed to amend or change in any way the duties and powers of the commission of irrigation, as now existing under the laws of New Mexico, but hereaften said duties shall be performed by the board of control herein provided.

Sec. 41. Until otherwise provided by law all of the ex

penses of the administration of this law, including the salary of the territorial irrigation engineer, and the expenses of this office, the per diem and necessary expenses of the six members of the board of control and any other expenses necessary in the administration of the provisions of this law shall be paid out of moneys derived from the sale of lands pasturage permits given, or other revenues derived from lands granted to the Territory of New Mexico under the act of congress, June 21, 1898, for the purpose of establishing permanent reservoirs for the storage of water, and the improvement of the Rio Grande, and the increase of the surface flow of water, of the bed of that river: Provided, That the territorial irrigation engineer shall not receive per diem, as herein provided for the other members of the board of control. The compensation and expenses provided to be paid shall be paid upon vouchers and warrants drawn and paid as other territorial officials are paid, as now provided by law.

Sec. 42. All acts and parts of acts in conflict with this act, are hereby repealed, and this act shall be in full force and effect upon and after its passage.

CHAPTER 103.

AN ACT AUTHORIZING BOARDS OF COUNTY COMMISSIONERS TO PROCURE CERTIFIED COPIES OF TOWNSHIP PLATS OF THEIR RESPECTIVE COUNTIES FOR USES OF COUNTY ASSESSORS AND FOR OTHER PURPOSES. C. A. to H. B. No. 94; Ap

proved March 16, 1905.

CONTENTS.

Sec.

Sec.

1.

County commissioners to procure certified copies of township plats for use of county assessors.

2. Certified copies to be filed in office of probate clerk.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section I. That in order to facilitate the accurate description of lands and real estate in the territory, for the purpose of the better assessment and collection of taxes, the county commissioners of the various counties except the County of Taos, are hereby authorized to procure from the office of the surveyor general for the district of New Mexico, certified copies of the field notes and plats of township surveys in their respective counties; showing all entries to which title or right to title has been acquired from the government; and to pay for same

out of any funds available or by a special levy sufficient to cover such cost.

Sec. 2. Such certified copies when obtained, shall remain on file in the office of the probate clerk and ex-officio recorder of the county and shall be for the use of the county commissioners, county assessor and county surveyor; and the same may also be used as evidence of the matters thereby shown in any cause, civil or criminal, in the courts of this territory. Sec. 3. This act shall be in force and effect thirty days after its passage.

CHAPTER 104.

AN ACT TO BE ENTITLED AN ACT TO REGULATE FOR THE APPROPRIATION OF WATERS FOR MINING, MILLING, AGRICULTURAL AND OTHER USEFUL PORPOSES. A. H. B. No. 21;

Approved March 16, 1905.

Sec.

I.

Sec. 2.

Sec.

CONTENTS.

Statement of intention to divert unappropriated waters, to be filed with probate clerk. Contents of statement.

Time for completion of diversion. Proviso.

3. Party filing notice to have exclusive use of unappropriated waters. Provisos.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. Any person, company or association which may desire to divert and appropriate unappropriated waters flowing through any natural channel or stream for agricultural, mining, milling, mechanical or other useful purposes, may file in the office of the probate clerk of the county wherein it is sought to make such appropriation or diversion, a written statement or notice thereof; which statement or notice shall contain the following:

First. A description as near as may be of the locality of the proposed diversion, naming if practicable the forty acre tract on which it is proposed to make the diversion with such other and more definite description as may be practicable.

Second. The amount of water sought to be appropriated. Third. The purpose for which such appropriation is sought to be made.

Fourth. Where the diversion is sought to be made for agricultural purposes, the parties seeking to make such appropria

tion shall have the right to construct a ditch from the point of diversion to the point of appropriation, and where the appropriation is sought to be used to create a power for operating machinery of any kind, then such parties shall have a right to convey its line by means of poles or ditches by the nearest practicable route from the point of diversion to the point of appropriation. And if such route or right-of-way passes over any lands belonging to the United States or the Territory of New Mexico, such party may have right-of-way free of cost. But if said line of right-of-way should be constructed over the land of any citizen then the party seeking such right-of-way shall pay a reasonable compensation to the owner of the land through which said right-of-way passes; such compensation to be ascertained by a commission composed of three disinterested persons to be named by the judge of such judicial district. And in estimating the damage if any to the owner of such lands said commission shall take into consideration the benefit if any, to be derived by such owner by means of such construction.

Sec. 2. On the filing of the notice hereinbefore provided for the party proposing to construct such diversion shall have six months in which to begin, and eighteen months in which to complete such diversion and appropriation: Provided, However, That if by unavoidable circumstances such party is delayed, then and in that event on the making of proper showing it shall be the duty of the district judge of such district to allow such party a reasonable time within which to commence and complete such appropriation.

.

Sec. 3. From and after the filing of the notice herein provided for, the party so making and filing such notice, shall have and possess the exclusive use of all unappropriated waters sought to be diverted and appropriated or so much thereof as may be useful or necessary for the accomplishment of all purposes set out in such notice of appropriation: Provided, That the provisions of this act shall apply to cases in which the notice of appropriation herein provided for shall have been filed: Provided, That any such notice may be amended so as to conform to the provisions of this act and the benefit of such notice shall take effect from and after the filing thereof and shall be entitled to all the rights accruing to the priority of such filing: Provided, Further, That nothing in this act shall be so construed as to deprive any one now using water for agricultural, domestic or other purposes from the use of all the waters they may have heretofore diverted: And, Provided, Further. That this act shall not have any retroactive operation and shall not apply to dams, ditches, acequias, or any other ap

propriation that have heretofore been made; the whole purpose of this act being to provide for and encourage the useful appropriation of waters now running to waste, and unappropriated.

Sec. 4. This act shall be in force thirty days after its passage.

CHAPTER 105.

AN ACT FOR THE RELIEF OF THE COUNTY OF QUAY. H. B. No 162; Approved March 16, 1905.

CONTENTS.

Sec. 1. Loan to Quay county. Interest. How loan to be used.

Sec. 2.

County commissioners to levy tax annually, sufficient to raise one-fifth of amount loaned. "Territorial loan fund."

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

Section 1. The treasurer of the territory is hereby authorized and directed to loan to the said county of Quay the sum of two thousand dollars for the period of five years, to bear interest at the rate of five per cent. per annum, interest to be payable semi-annually; the obligation to be executed to the Territory of New Mexico therefor by the said County of Quay to be such as shall be prepared by the solicitor general of the Territory of New Mexico. That said amount shall be used for the purposes of aiding said county to hold a term of court for the trial of criminal and civil cases therein pending, and for said court to use the same as court fund.

Sec. 2. That the county commissioners of the County of Quay are hereby directed and required to assess, levy and collect in the same manner as the general taxes in said county are assessed, levied and collected, a sufficient amount of taxes each year after this date, to raise the one-fifth part of the said two thousand dollars, which said amounts as collected shall be retained in a special fund known as the "territorial loan fund” and shall be used solely and only for the purposes of paving the interest upon said loan and the principal thereof, and the same when collected and so placed in said fund shall be turned over to the territorial treasurer at the end of each fiscal year hereafter, to be credited by him upon the obligation of said County of Quay.

Sec. 3. This act shall be in full force and effect from and after its passage.