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CHAPTER 57.

AN ACT ENTITLED AN ACT TO AID IN ESTABLISHING A PER

MANENT WATER RESERVOIR FOR IRRIGATING PURPOSES
AT OR NEAR THE ELEPHANT BUTTE, NEW MEXICO, AND
FOR THE IMPROVEMENT OF THE RIO GRANDE IN NEW
MEXICO AND THE INCREASING OF THE SURFACE FLOW
OF THE WATER IN THE BED OF SAID RIVER.. S. for H.
B. No. 116; Approved March 13, 1905.

CONTENTS.

Sec. 1. Appropriation to the Elephant Butte Water Users' Association, account of

expenses preparatory to work of United States reclamation service. Sec. 2. Money to be paid by territorial treasurer upon warrant of territorial auditor,

From what funds moneys to be paid. Sec. 3. Statementof expenditures to be make by proper officers. Sec. 4. County commissioners of Sierra and Doña Ana counties to make "sur

vey" levy. "Survey Fund." Sec. 5. Surveys to be under direction of executive officers of Elephant Butte Water

Users' Association. Sec. 6. Statement of expenditures from "Survey Funá," to be made by executive

officers. Sec. 7. Surplus in “Survey Fund" to be transferred to credit of current expense

fund of county.

Whereas, the reclamation service of the geological survey of the United States, under the direction of the secretary of the interior, has determined that the best and most practicable site for a dam for the storage of water of the Rio Grande and the establishment of a permanent water reservoir for the purposes of irrigating the lands below said dam in the valley of the Rio Grande and for the improvement of the Rio Grande and the increasing of the surface flow of the water in the bed of said river in New Mexico, is near the Elephant Butte in New Mexico; and whereas, the United States requires the owners of lands to be irrigated from said reservoir to pledge their lands to secure their proportionate share of the cost of the construction of said dam and reservoir; and whereas, each acre of land will have to be pledged for forty dollars ($40.00), to be paid in ten (10) annual installments before the work on said dam will be commenced; and whereas, it is necessary for the water users' association to be organized and incorporated for the object, amongst other things, to secure the requisite pledge of lands to be irrigated by the waters of said reservoir and river, from the owners thereof; and whereas, the organization of the water users' association by owners of land to be irrigated from said reservoir and river under the name of the “Elephant Butte Water Users' Association of New Mexico," preliminary to the final adoption of its articles of incorporation and its incorporation under the laws of this territory, has been accomplished; and whereas, the Elephant Butte Water Users' Association of New Mexico intends to incorporate under the laws of this territory.

Now, therefore, to carry out the purposes expressed in the title of this act and to enable the said association to carry out and accomplish the purposes and objects for which it is formed and to secure the requisite pledge of lands to be irrigated by the waters of said reservoir and river from owners thereof, and to secure the construction of said dam and reservoir,

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

Merico:

Section 1. The sum of two thousand five hundred dollars ($2,500.00) or so much thereof as may be necessary, is hereby appropriated from any net moneys now or hereafter in the water reservoir income fund, water reservoir permanent fund, improvement Rio Grande permanent fund and improvement Rio Grande income fund, or from whatever fund or funds in which the net proceeds of the leasing and sale of lands granted to the Territory of New Mexico for the establishment of permanent water reservoirs for irrigation purposes and for the improvement of the Rio Grande in New Mexico and the increasing of the surface flow of the water in the bed of said river, and the income therefrom, shall be carried, and the further sum of ten per centum, or so much thereof as may be necessary, of any net moneys which may hereafter be placed to the credit of the aforesaid funds or any or either of them, from the sources above mentioned, to be paid in the manner hereinafter provided to the Elephant Butte Water Users' Association of New Mexico after its incorporation under the laws of the Territory of New Mexico, to be used in printing, publishing, and circulating all matter necessary to the full explanation of what is to be done by the reclamation service of the United States to the owners of land to be irrigated from the waters of said reservoir and river and what is to be done by them to secure the United States for its expenditures to be made in the construction of said dam and reservoir; in preparing and making all necessary deeds, mortgages and other instruments in writing required in the pledge of such lands; in doing all acts and things necessary to ascertain and determine the areas and perfect the titles of the lands to be pledged to the United States for the building and construction of said dam and reservoir, mentioned in the title and preamble of this act; in paying all necessary expenses and costs of incorporation; and in paying the costs and expenses necessary or incidental to the accomplishment of the objects and purposes of said association relating to the procuring of the construction of said dam and reservoir and the improvement of the Rio Grande in New Mexico and increasing the surface flow of the water in the bed of the said river.

Sec. 2. Said moneys shall be paid from time to time as needed for the above purposes by the territorial treasurer upon the warrant of the territorial auditor to be issued by him upon requisition signed by the president and countersigned by the secretary of said association and approved by the commissioner of public lands in New Mexico. The territorial treasurer shall pay all warrants issued under the provisions of this act from net moneys in the improvement Rio Grande permanent fund and improvement Rio Grande income fund whenever there shall be sufficient available moneys in those funds to pay such warrants, and in case of insufficient net moneys in the last mentioned funds to pay such warrants, then the territorial treasurer must pay such warrants out of available moneys in the other funds mentioned in this act, to-wit: The water reservoir income fund and water reservoir permanent fund.

Sec. 3. The proper officer of said association shall make in duplicate a quarterly verified statement of the expenditures of such moneys showing for what purposes expended. Each statement shall be approved by the board of directors of said association and one copy thereof shall be filed with the territorial treasurer and one with the commissioner of public lands of New Mexico.

Sec. 4. The respective boards of county commissioners of the Counties of Sierra and Dona Ana are hereby authorized to make a levy of two mills, or such proportion thereof as may be necessary on each dollar of taxable property in their respective counties for the years 1905 and 1906, for the purpose of raising funds to defray any and all expenses incident to a proper survey of the lands in their respective counties and the determination of the areas thereof. Such levies shall be designated “survey," and the proceeds thereof shall be placed by the respective treasurers of said counties to the credit of a separate fund to be designated "Survey Fund.”

Sec. 5. Said surveys, shall be made, and the labor incident thereto done and performed, under the direction and in the discretion of the executive officers of the Elephant Butte Water Users' Association of New Mexico, and the moneys credited to the fund provided in Section 4 of this act shall be paid to said association from time to time as needed for the purposes mentioned in said Section 4, upon warrants drawn in the manner now provided by law for the disbursement of other county funds, to be issued upon requisition signed by the president and countersigned by the secretary of said association and approved by the commissioners of the county upon which drawn.

Sec. 6. Such officers of said association shall make in duplicate a quarterly verified statement of the expenditures of such moneys showing for what purposes expended. Each statement shall be approved by the board of directors of said association, and one copy thereof shall be filed with each of the boards of county commissioners of the counties mentioned in Section 4 of this act.

Sec. 7. Any surplus in the fund created by the provision of Section 4 of this act remaining after the carrying out of the purposes mentioned in said section, shall be transferred to the credit of the current expense fund of the county in which such surplus

may exist.

Sec. 8. This act shall take effect and be in force from and after its passage and approval.

CHAPTER 58.

AN ACT TO AMEND AN ACT OF THE 36TH LEGISLATIVE ASSEM

BLY, ENTITLED “AN ACT TO AMEND CHAPTER 69 OF THE
SESSION LAWS OF THE 35TH LEGISLATIVE ASSEMBLY OF
THE TERRITORY OF NEW MEXICO, BEING 'AN ACT TO
CREATE THE COUNTY OF LEONARD WOOD; AND FOR OTHER
PURPOSES. H. B. No. 169; Approved March 13. 1905.

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

Merico:

Section 1. That the word "Roosevelt” be stricken out wherever the same appears in said act.

CHAPTER 59.

AN ACT PROVIDING FOR UNIFORMITY IN FILING OFFICIAL

BONDS. C. B. No. 105; Approved March 14, 1905.

CONTENTS.

Sec. 1. Bonds of territorial officials to be filed and kept in office of territorial sec.

retary.

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

Mexico:

Section 1. Hereafter the bonds of all territorial officials, and of the members of all territorial boards and institutions, after having been recorded as now required by law, shall be filed and kept in the office of the secretary of the territory; and all territorial bonds now filed elsewhere shall be transferred to the office of the secretary.

Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed and this act shall be in force from and after its passage.

CHAPTER 60.

AN ACT TO REGULATE THE CLASSIFICATION OF COUNTIES

AND FIXING THE SALARIES OF CERTAIN COUNTY OFFICIALS THEREOF. A. C. B. No. 99; Law by Limitation, March 14, 1905.

CONTENTS.

Sec. 1. Classification of counties to be determined by amount of annual collections

from territorial levy. Sec. 2. Compensation of county commissioners. Proviso. Sec. 3. Compensation of probate judges. Sec. 4. Compensation of probate clerks. Sec. 5. Compensation of school superintendents. Sec. 6. Section 6, Chapter 27, Laws of 1901, fixing the compensation of school super

intendents, repealed. Sec. 7. Classification of counties to be determined by traveling auditor. Sec. 8. Violations of duties by county commissioners. Sec. 9. Salaries of Santa Fe county ofcials unaffected. Sec. 10. Assessors allowed for services 4 per cent. upon moneys collected. Sec. 11. Treasurers allowed for services 4 per cent. upon moneys collected. Be it enacted by the Legislative Assembly of the Territory of New

Mexico:

Chapter 1. Whenever any county of this territory shall remit to the territorial treasurer, thirty-five thousand dollars, or over, dur

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