divisions of land owned or controlled by you for which an appropriation is claimed. A. 13. Q. State the acreage said ditch is capable of watering, give the legal subdivisions of land which it can be made to irrigate, and state who owns said land. A. 14. Q. State the character of the soil and the kind of crops cultivated. A. 15. Q. Are you an owner in said ditch? If so, state your proportionate interest therein. A. 16. Q. The plat prepared by the State Engineer is hereby accepted as showing correctly the location of the -...Ditch and the land which can be irrigated therefrom. A. 17. Q. When does your irrigation season begin and when does it end? A. 18. Q. If water is used for other purposes than irrigation, state the nature of such use, the time when such use began, and how much water is required for such purpose? A. 19. Q. During what months is the water used? A. 20. Q. Have you had sufficient water each year since the use for which an appropriation is claimed began? If not, state the years of scarcity, the months when the supply was insufficient, and the reason of such scarcity. A. Nevada, Signed: 190.. this. -day of Notary Public. Remarks: § 1548. The State of Nevada. Certificate of Appropriation of Water. Certificate Record. WHEREAS, Page has presented to the State Engineer of the State of Nevada proof of appropriation of water from through the. Ditch under Permit No.....for irrigation of the lands herein described, lying and being in... County, Nevada, and for. NOW KNOW YE, That the State Engineer, under the provisions of Section 13, Chapter 4, Statutes of Nevada, 1903, has determined the priority and amount of such appropriation as follows; Name of Appropriator.. --; Postoffice Address. Nevada. General Priority Number on main stream.. Priority Number on ; Water appropriated for. Area under appropriations of equal priority, under prior appropriations, acres; acres; Area acres; Date of Appropriation, Description of land to be irrigated, and for which this appropriation is determined The right to water hereby determined is limited to irrigation, stock and domestic purposes. and the use is restricted to the place where acquired and to the purpose for which acquired; rights for irrigation to be limited to beneficial use on the land for which appropriation is herein determined. IN TESTIMONY WHEREOF, I,. hereunto set my hand this... -day of State Engineer, have CHAPTER 41. NEW MEXICO_CONSTITUTIONAL PROVISIONS, STATUTES AND FORMS. (a) Constitutional Provisions. § 1549. The territory of New Mexico has no constitution. Sec. 5 of the organic act, Comp. L. '97, p. 46, grants the territorial legislature power to enact incorporation acts, providing for the incorporation of companies to operate irrigating ditches. (b) Statutes. Compiled Laws, 1897. 88 1550-1613. (1-63) These sections provide a system for the appropriation of water and the construction, operation and maintenance of public and private acequias. IRRIGATION CODE. Act creating office of Territorial Irrigation Engineer and to promote irrigation. [L. '05, p. 271. Approved March 16, 1905. § 1614. (Sec. 1) Natural waters belong to public. Right to appropriate for beneficial purposes not to be denied. § 1615. (Sec. 2) Beneficial use the basis, measure and limit of the right. Priority in time of use gives better right. By exercise of diligence, the right relates back to the initiation of the claim. Vested rights not impaired. § 1616. (Sec. 3) Cubic foot per second standard of measurement of flow, to be known as the second foot. Miners' inch or inch is 1-50 part of second foot. Standard of measurement of volume, the acre-foot being amount of water on an acre covered one foot deep or 43,560 cubic feet. § 1617. (Sec. 4) Amount to be allowed in adjudications not to exceed one second foot for each 70 acres. § 1618. (Sec. 5) Failure to beneficially use water four years, water reverts to public as unappropriated. Water which runs off or reappears on surface after use, subject to control of owner of works diverting it from natural stream. If such owner not prepared to conduct it to another place of use, may be used by others without charge until owner prepared to beneficially use same. § 1619. (Sec. 6) § 1620. (Sec. 7) condition so as not to is a misdemeanor. Place or means of diversion may be changed. Owners to keep irrigation works in good damage property or waste water. Violation § 1621. (Sec. 8) Irrigation works, when owners thereof use the waters thereof exclusively on their own lands, exempt from taxation. If water from such works is sold or rented, then works shall be taxed to extent of sales or rentals. § 1624. (Sec. 11) Office of territorial irrigation engineer created. The administration of public waters to be under engineer and board of control. Engineer appointed by governor. § 1625. (Sec. 12) § 1626. § 1627. (Sec. 13) Take oath and give $10,000 bond. Salary $2000 per year. May employ assistants at additional expense of $300. He is allowed traveling ex penses. § 1628. (Sec. 15) Report to governor 30 days before session of legislature. Make rules and regulations. § 1629. (Sec. 16) § 1630. (Sec. 17) Engineer make measurements of flow of streams. Ascertain suitable sites for reservoirs. Keep full records of all data. Other duties specified. § 1631. members. (Sec. 18) Solicitor general legal adviser of board and § 1632. (Sec. 19) Persons desiring to construct dam or dyke for storing or diverting water, notify engineer of intention and file plans, drawings and specifications. If approved, approval to be affixed thereto and one copy returned. If disapproved, returned with engineer's suggestions. Section does not apply where less than two thousand dollars to be expended. § 1633. (Sec. 20) Engineer to examine dams and dykes. Report defective works to judge of district court. Owners summoned. Sheriff ordered to draw off water. § 1634. (Sec. 21) Clerk and recorder of each county forward transcript of filings relating to water rights. § 1635. (Sec. 22) Whenever United States officers notify engineer that the United States intends to utilize certain waters, such waters shall not be subject to further appropriation. § 1636. (Sec. 23) 1637. (Sec. 24) ernor for each division. stitute board of control. Territory divided into six water divisions. § 1638. (Sec. 25) Commissioner give $2000 bond and take oath. Compensation $8.00 per day for not to exceed 100 days, and expenses not to exceed $5 per day, in addition to railroad or stage fare, and team hire. § 1639. (Sec. 26) Board meets first Monday in March each year. Shall adopt rules. Engineer has vote on all matters except on appeals from his decisions. § 1640. (Sec. 27) Commissioner work with engineer. Has supervision of irrigation matters in his division. Shall keep complete records. § 1641. (Sec. 28) Aggrieved party may appeal from decision of commissioner to engineer, whose decision is final unless appealed from in 30 days. Appeals may be taken from decisions of engineer to board. Appeals from decisions of the board may be taken to district court in sixty days. § 1642. (Sec. 29) Board make all adjudications subject to review by the courts. When a stream is to be adjudicated, notice given of date when engineer begins measurements of stream and works of diversion, and of the day when the commissioner shall begin taking testimony as to rights of parties. Notice published in two issues of paper circulating in locality of stream. Commissioner may adjourn and change place of hearing. § 1643. (Sec. 30) § 1644. (Sec. 31) Claimant certify statement under oath. Commissioner begin on date specified and take testimony speedily as possible. If interested, another member of board to act. §§ 1645-1650. (Secs. 32-37) Practically the same as Secs. 866-874 of the Wyoming act, post chap. 49. § 1651. (Sec. 38) tenance fund. Board fix fees Collections go into main § 1652. (Sec. 39) Ditch company may levy assessment on stock to maintain works or for improvements. 1653. (Sec. 40) Board of control perform duties of former commission of irrigation. § 1654. specified. (Sec. 41) Source of moneys for maintenance of board STATUTES AND FORMS. (a) Constitutional Provisions. § 1657. (Art. 17, Sec. 210) All flowing streams and natural water courses shall forever remain the property of the state for mining, irrigating and manufacturing purposes. (b) Statutes, Revised Codes 1905, ch. 37; "Irrigation," p. 1248. § 1658. Article I-Irrigation Code. (7604) Waters of the State, Public Waters. All waters within the limits of the state from all sources of water supply belong to the public and, except as to navigable waters, are subject to appropriation for beneficial use. (1905, ch. 34, §1.) § 1659. (7605) Beneficial Use, Appurtenances, Priority. Beneficial use shall be the basis, the measure, and the limit of the right to use of water, and all waters appropriated for irrigation purposes shall be appurtenant to specified lands owned by the person claiming the right to use the water, so long as the water can be beneficially used thereon. Priority in time shall give the better right. In all cases of claims to the use of water initiated prior to the taking effect of this article, 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 beneficial use. All claims to the use of water initiated after the taking effect of this article shall relate back to the date of receipt of an application therefor in the office of the state engineer, subject to compliance with the provisions of this article, and the rules and regulations established thereunder. (1905, ch. 34, §2.) The United States, the state, or any person, corporation or association may exercise the right of eminent domain to acquire for a public use any property or rights now or hereafter existing when found necessary for the application of water to beneficial uses, including the right to enlarge existing structures and use the same in common with the former owner. Any canal right of way so acquired shall be so located as to do the least damage to private or public property, consistent with proper and economical engineering construction. Such property or rights may be acquired in the manner provided by law for the taking of private property for public uses. (1905, ch. 34. §3.) § 1661. (7607) Reclaiming Waters. Water turned into any natural or artificial water course by any party entitled to the use of such water may be reclaimed below and diverted therefrom by such party, subject to existing rights, due allowance for losses being made, as determined by the state engineer. (1905, ch. 34, §4.) § 1662. (7608) State Engineer-Appointment, Duties, Powers, Qualifications and Salary. There shall he a state engineer, who shall be a technically qualified and experienced hydraulic engineer, to be appointed by the governor and such appointment confirmed by the senate. 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 have general supervision of the waters of the state and of the measurement and appropriation thereof, and shall receive a salary of two thousand five hundred dollars per annum and actual and necessary traveling expenses while away from his office, in the discharge of official duties. He shall not engage in private practice. (1905, ch. 34, §5.) § 1663. (7609) Assistant State Engineer and Expenses of State Engineer's Office. The state engineer shall have power to appoint from time to time, during the season of the year when field work is practicable, |