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this act for the territorial irrigation engineer. Whenever any moneys shall have reached the hands of the secretary, the board of control shall fix a sufficient bond for the security of such moneys and

a such bond shall be in a surety company approved by the board. Each irrigation commissioner shall be paid eight dollars per day, for every day actually consumed in the performance of his official duties, not exceeding one hundred days in each year, which shall be compensation in full for all services rendered under this act, and he shall be allowed all the actual and necessary expenses while attending to his official duties, which said expenses shall not exceed five dollars per day in addition to the cost of railroad fare, team hire or other means of travel. All expense accounts shall be subscribed and sworn to before an officer duly authorized to administer oaths before they shall be allowed or paid.

Sec. 26. The board of control shall meet on the first Monday in March of each year, at the office of the territorial irrigation engineer, and at such other times and places as may be agreed upon by a quorum of said board. A majority of the members of the board of control shall constitute a quorum for the transaction of business. Said board shall adopt all general rules and regulations to govern the operations in the various divisions, to carry into effect the duties devolved upon them and the purposes and intent of this act. The territorial irrigation engineer shall have a vote on all matters coming before the board, except appeals authorized by law, from his acts as territorial irrigation engineer.

Each irrigation commissioner shall work in conjunction with the territorial irrigation engineer, and shall have general supervision of the administration of irrigation matters in his division; and he shall keep a full and complete record of all his official acts, and of any information in which the public may be interested which may come to his knowledge. All records relating to the office of his division shall be public records, open to public inspection, during business hours, and shall be transmitted to his successor in office.

Sec. 28. Any aggrieved person may appeal from the acts or decisions of a commissioner of irrigation, to the territorial irrigation engineer who shall promptly and at a stated time and place to be fixed by him, upon due notice to the parties, hear and determine the matter in dispute, and his decision shall be final, unless an appeal is taken within thirty days; all appeals from the acts or decisions of the territorial irrigation engineer shall be taken to the board of control; any member of the board, from whom appeal is taken, shall be disqualified to vote on such appeal. All acts or decisions of the board of control, shall be subject to review by the district court in which such cases arise, if taken within sixty days after said decision by the board, and if not so taken such action by said board shall be conclusive and final.

Sec. 29. The board of control shall make all adjudications of water within New Mexico, subject to review by the district and supreme courts of the territory. Whenever it shall be decided by said board of control to adjudicate the waters of any stream and decide the prior rights, public notice shall be given, setting forth the date when the engineer will begin the measurements of the stream and works of diversion therefrom, and a day when a commissioner from the division in which this stream to be adjudicated is situated, shall begin the taking of testimony as to the rights of the parties claiming water therefrom. Said notice shall be published in at least two issues of a newspaper having general circulation in the locality of said stream, the publication of said notice to begin at least thirty days prior to the beginning of taking testimony. The commissioner taking such testimony shall have power to adjourn the taking of evidence from time to time, and from place to place, for the sake of convenience to the public or persons interested in such testimony.

Sec. 30. Each claimant shall be required to certify to his statements under oath, and the members of the board of control are hereby authorized to administer all oaths necessary in the performance of their official duties. All oaths so administered shall be done without charge, as also shall the furnishing of all blanks.

Sec. 31. l'pon the date named in the aforesaid notice the commissioner shall begin the taking of said testimony and shall continue as speedily as possible until said testimony shall be completed: Prorided: In case said commissioner is directly or indirectly interested in the waters of said stream, the taking of evidence as related to said stream shall be under the direction of another member of the board of control, as shall be deemed most expedient.

Sec. 32. I'pon the completion of the taking of said evidence the commissioner shall at once give notice, in at least one issue of a newspaper, of general circulation in that locality and by registered mail to each of the claimants, that upon a certain day, and in a place named in that notice, all of said evidence shall be open to inspection by the various claimants, and said commissioner shall keep said evidence open to inspection at said places not less than one nor more than five days.

Sec. 33. Should any claimant or claimants desire to contest the

evidence or rights of any other claimant they shall, within fifteen days after the testimony has been opened to public inspection, in writing notify the commissioner to that effect stating with reasonable certainty the grounds of their contest which statement shall be verified by the affidavit of the contestant, his agent or attorney, and said commissioner shall notify said contestants and the person, association or corporation whose rights are contested to appear before him, at such convenient place as the commissioner shall designate in such notice, at which time and place he shall conduct said hearing, subpoena witnesses, and take evidence, as is now provided by law for civil cases; all fees to witnesses to be paid by the party or parties against whom the contest shall be finally determined; the evidence in such proceedings shall be confined to the subjects enumerated in the notice of contest.

Sec. 31. Upon the completion of the evidence in the original hearing before said commissioner and the evidence taken in all contests, it shall be his duty to transmit all the evidence and testimony, in said adjudication to the oflice of the territorial irrigation engineer in person or by registered mail. Sec. 35. It shall be the duty of the territorial irrigation en

. gineer, or some qualified assistant, to proceed at the time specified in the notice to the parties on said streams to be adjudicated, to make a full and complete examination and measurement of said stream and the diversion works therefrom, the lands irrigated and those suitable of irrigation. Such observation and measurement shall be reduced to writing and recorded in his office and he shall make or cause to be made a map or plat on a scale of not less than one inch to the mile showing with substantial accuracy the course of said stream, the location of all the works of diversion and lands irrigated, for filing in his office.

Sec. 36. At the first regular meeting of the board of control, after the completion of such measurements by the territorial irrigation engineer, and the return of said evidence by the commissioner of irrigation, it shall be the duty of the said board to make and cause to be entered of record in the office of the territorial irrigation engineer an order determining and establishing the several priorities of right to the use and the amounts of appropriations of water of said stream; and as soon as practicable thereafter it shall be the duty of said board to transmit by registered mail a certificate, duly signed by the president of the board of control, and attested under seal of said board by the secretary thereof, setting forth the findings of the board in each case, with the claimants priority

number, 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 pårties 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 hereafter said duties shall be performed by the board of control herein provided.

Sec. 41. Until otherwise provided by law all of the expenses 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: Prorided, 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 from and after its passage.



AND FOR OTHER PURPOSES. C. A. to H. B. No. 94; Approved
March 16, 1905.


Sec. 1. County commissioners to procure certified copies of township plats for use

of county assessors. Sec. 2. Certified copies to be filed in office of probate clerk. Be it enacted by the Legislative Assembly of the Territory of New

Merico: Section 1. 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

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