Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-12-04

the procuring of water under pretense OF
requiring the same to other use shall be
decided misdemeanor punishable by
fine, each dav of improper application to
separate oiense.
"Thut water shall not be suffered to
flow in open bitches fo. domestic use
when resulting in unreasonable and dis.
proporlionate waste from seepdye or
evaporation.
"We have also provided remedies by
which any consumer OF water may bring
in question the action of anv town or city
in the diversion or storage OF water and
prevent excessive Use, storage or waste.
The commission is of the opinion that
the adjudication of priorities of right are
defective in these particulars:
|. rne adjudication in each water dis
trict related solely to the rights OF the ap-
propriators within that water district;
the inhabitants of other districts were
neither required nor permitted to, nor, so
far az we are advised, ever did, attend or
participate.
2. No provision was ma &c for the meas
urement and rating of the bitches and
other works to which priorities were ad-
judged.
3. No person was appointed to repre-
sent the interests OF the public.
The report says: 60 preve Mt the up-
certainty which attended the former de-
crees, we have provided for me sure
ment and rating of all bitches and works
OF diversion or storage, prior t" adIudIca-
ton, so that the capa lty thereof may be
accurately ascertalned. We have also
provided for the appointment of counsel
TO represent the public, and to perform
the duty Which the former legislation de-
volved upon the whole community, and
which the whole community neglected.
Also for an accurate survey OF each ditch
and rest rvor and The preparation Of maps
thereof, which, having reference TO the
provision Of the law that restricts the
rights of the appropriations and consumers
uf wafer to their actual needs is almost
indispensable 10 the intelligent stribu
ton of tie weters OF the state
Article provides that on the lst day OF
next July every ditch, conduit or reser'
voir shall be recorded in the office of the
recorder of each county wherein the ditch
may be situated also a certificate setting
forth the name of each person entitled tc
water, with date Of beginning OF use anc
lands irrigated.
Article 4 recommends that any person
entitled to the use of water may impleaC
the water proprietors ami consumers anc
cause the total amount of water actually
carried in the ditch to be ascertained
Those first using the waters shall be ad
judged right of priority and all grants
made subsequently shall be void.
Article 5 recommends stringent penal
ties for embankments to reservoirs exceed
ing ten feet ID height.
Article i recommends the rotation 0
water on irrigated lands.
Article 7 provides that on two occasion
Within thirty day where water is foun'
flowing on land where it does not beloni
such shall be Construed rs prna facie evi
dence Of fraud.
Article recommends that water dis
tricts be conducted similar to school dis
tricts, and that questions of importanc
shall be determined by election.
Article provides that i'll some instance
a variation of the maximum rate charge
for water may be made.
,, The last article treats OF the authorlt
! vested in the power of county commi
sioners to regulate the maximum rate
be charged by carriers.