Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall be in force and effect from and after its passage.

CHAPTER 16.

AN ACT FIXING THE TIME FOR HOLDING THE TERMS OF THE

C. B. No. 22; Approved Feb

DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE
TERRITORY OF NEW MEXICO.
ruary 22, 1905.

CONTENTS.

Sec. 1.

Term of court in first judicial district, Santa Fe, San Juan, Taos and Rio
Arriba counties.

Sec. 2. All writs issued by district court returnable at the times and places designated in section 1.

Be it enae'd by the Legislative Assembly of the Territory of New Mexico:

Section 1. The regular terms of the district court for the first judicial district of the Territory of New Mexico shall hereafter be held and commenced as follows:

In the County of Santa Fe, at the county seat of said county, commencing on the first Monday of March and September of each year.

In the County of San Juan, at the county seat of said county, commencing on the first Monday of May and the second Monday of October of each year.

In the County of Taos, at the county seat of said county, commencing on the third Monday of May and the second Monday of November of each year.

In the County of Rio Arriba, at the county of seat of said county, commencing on the second Monday of June, and the fourth Mon day of November of each

year.

Sec. 2. Every writ, summons, recognizance, subpoena, or other process whatever which has been issued or taken out from the district court for any county in said district, shall be returnable at the times and places designated in Section 1 of this Act, and shall have the same force and effect as if the same had been made returnable at the times and places mentioned in said Section 1 of this act.

Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act to take effect from and after its passage.

CHAPTER 17.

AN ACT TO REGULATE THE USE OF ARTESIAN WELLS AND TO PREVENT THE WASTE OF SUBTERRANEAN FLOWS OF

WATER AND FOR OTHER PURPOSES. C. B. No. 20; Approved February 22, 1905.

CONTENTS.

Sec. 1. Insecurely cased artesian wells.

Sec. 2.

Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.

Persons permitting unnecessary flow, guilty of misdemeanor.
Definition of artesian well. Provisos.

Sec. 7.

Sec. 8.

Manner of casing.

"Artesian Districts," to be created by governor. Supervisor. Duties. Compensation.

License imposed. Fund created from revenue of licenses.

Duties of county commissioners, road supervisor and city engineer, in regard to violations of act.

Sec. 9. Persons before boring to notify supervisor.

Authority of supervisor to

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

Section 1. That any artesian well which is not tightly and securely cased, capped or furnished with such mechanical appliances as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared to be a public nuisance. The owner, tenant or occupant of the land upon which such well is situated who causes, permits or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor.

Sec. 2. Any person owning, possessing or occupying any land. upon which is situated an artesian well, who causes, suffers or permits the water to unnecessarily flow from such well or to go to waste, is guilty of a misdemeanor.

Sec. 3. An artesian well is defined for the purpose of this act, to be any artificial well, the waters of which if properly cased will flow continuously over the natural surface of the ground adjacent to such well at any season of the year: Provided, Nothing in this act shall apply to water flowing from mining shafts.

Sec. 4. Waste is defined for the purpose of this act to be the causing, suffering or permitting the water flowing in such well to reach any porous substratum before coming to the earth's surface,

or to flow from such wells, unnecessarily upon any land, or directly or indirectly into any river, creek or other natural water course or channel, or into any lake or pond, or into any street, road or highway, unless it be used on lands for beneficial purposes: Provided, That this section shall not be so construed as to prevent the use of such water for domestic purposes or the proper irrigation of agricultural lands by direct flow or from storage reservoirs furnished by such wells, or for supplying or helping to supply through natural or artificial water courses or channels, public or private irrigation canals or systems, or for ornamental ponds, or fountains, or for ponds used for the propagation of fish, and provided where the water so used for the maintenance of ornamental ponds, fountains, or ponds for the propagation of fish shall in any case not be greater than would flow through a pipe one inch in diameter.

Sec. 5. Any person hereafter boring or causing to be bored, an artesian well, shall case the same, with a good quality of casing, sufficient in all instances to resist the pressure of the water, the entire depth of the well to and into the last strata of rock, immediately above the flow of water, and shall keep a complete and accurate record of the depth and thickness of the different strata penetrated, which he shall verify under oath and when the well is completed shall file said record in the office of the district artesian well inspector, where it shall be carefully preserved.

Sec. 6. To provide additional security for carrying out the provisions of this act the governor of the territory may from time to time, as he sees fit, or shall upon the request by petition of five per cent. (5 per cent.) of the qualified voters of any county, or countyties, create "artesian districts," consisting in each case of not less than one county or more than four adjacent counties, and shall thereupon appoint for each such district so created, a "district artesian well supervisor" who shall be qualified by both education and experience in artesian well matters and resident of the district for which he is appointed. It shall be the duty of such supervisor, to inspect each artesian well in such district at least once in each three (3) months, and to keep a record of such inspections, in a book in his office, which said record shall at all times be open to the inspection of any person. It shall be the further duty of such supervisor to see that the provisions of this act are faithfully carried out within his district and for this purpose he shall have all the powers conferred upon county and city officers in Section eight (8) of this Act. It shall be the duty of such supervisor to make complaint and appear against any person violating any provisions of this act

within his district, unless such complaint has already been made as provided in Section eight (8) of this Act, in which case he shall appear and assist in such prosecution. The supervisors so appointed shall receive as their full compensation for their services, the sum of $1,000.00 per annum, together with actual expenses while absent from his office, if this amount shall be collected from licenses hereinafter provided for, but in no case shall such supervisor receive more than the amount annually paid in on such licenses.

Sec. 7. For the purpose of creating a fund for the payment of the salaries of the several district artesian well supervisors, and the expenses incident to the prosecution in cases of violation of this statute, a license is hereby imposed upon each artesian well in each districts of $5.00 per annum, and it shall hereafter be unlawful for any person, company or corporation to permit any artesian well to flow or to take water therefrom, without first having paid such license therefor. Such license shall be paid to the treasurer of the county wherein such artesian well is situated, who shall keep a record thereof in his office, and the respective county treasurers shall pay over to the territorial treasurer all money derived from such licenses, (less four per cent. (4 per cent.), which shall be allowed the county treasurer for the collection of such licenses) in like man ner as provided by law for the payment to such territorial treasurer of territorial taxes. Such fund shall be kept separately for each of such artesian districts, by such territorial treasurer and shall be used exclusively for the payment of the respective district artesian well supervisors, and the expenses of prosecution for violations of the provisions of this act, which said salaries and expenses shall be paid in the manner of paying territorial officers and expenses.

Sec. 8. It shall be the duty of the county commissioners, road supervisors, city engineer, or city officers, upon complaint of any citizen within their respective counties, districts or cities and for that purpose may, at all times, enter upon the premises where such well is situated, to institute or cause to be instituted criminal actions for all violations of the provisions of this act, and for all public offenses defined by this act, committed within such county, district or city.

Sec. 9. All persons before beginning to bore an artesian well in any artesian well district, shall first notify the district artesian well supervisor, stating in writing the location of such proposed well, and shall thereafter, from time to time, furnish to said district artesian well supervisor such information concerning such well and casing used, as such supervisor shall request. The supervisor

shall have power and authority to condemn the casing and other appliances for controlling the water in any artesian well, which are, in his judgment, unsuitable for the purpose intended and required.

Sec. 10. All persons or corporations now owning or controlling, or using artesian wells, and all persons who shall hereafter own, control or use an artesian well in any artesian well district, shall file a sworn statement in the office of the probate clerk of the county in which such well is situate, setting forth the date when such well was commenced, and the date when completed, the amount of water flowing therefrom and the use made of the water from such well.

Sec. 11. It shall be the duty of the artesian well supervisor to take pressure readings of each artesian well at each inspection herein provided for, and to carefully keep a record of the same in his office, to be turned over, together with all other records of his office, to his successor.

Sec. 12. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any justice's court in the county in which such offense is committed, or such well is located, in the manner prescribed by law, and shall, upon conviction, be fined for each offense not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). There shall also, upon conviction, in addition to such fine, be taxed against the convicted party, the costs of prosecution. Each day in which any of the provisions of this act shall be violated shall be considered a separate offense.

This act shall take effect and be in force after thirty days from the date of its approval.

Sec. 3.
Sec. 4.

Sec. 5.

Commissioners to take oath.

Improved real property in valley of Rio Grande, subject to taxation.
River commissioners to give notice of labor required. Duty of land owners
to furnish labor. Provisos.

Amount of labor to be furnished.

Sec. 6. River commissioners to pro rate amount of labor.