Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-02-09
PROPOSED LEGISLATION.
Community bitches and Acequias 0onsid-
.ered As Bodies 0orporate-Four New
Territorial Institutions.
COMMUNITY bitches.

Ii. B. No. so, which has been intro
duced by Hon. Pablo Truiillo, provides
that all community bitches shall be con-
sidered as bodies corporate with power
to sue and be sued. All inhabitants of
the territory shall have the right to con-
struct private or common acequias, and
to take the water for said acequlas from
wherever they can with the distinct UNI
Outstanding to pay the owners through
whose lands said bitches have to pass, a
lust compensation taxed for the land
used. If the owner asks an eXorbitant
price the probate judge of the county
may appoint three disinterested parties
to make an appraisement and fix the
compensation and the decision cannot
be appealed from. No inhabitant of the
territory shall have the right to con-
struct any building to the impeachment
OF the irrigation of lands, mills or any
other property that may obstruct the
course of water, and the irrigation of
fields shall be paramount to all other
enterprises. All footpaths are prohibit
ed across the fields. And all rivers and
streams of water formerly known as
aceqdias are declared to be community
bitches. The officers of the community
bitches shall be an overseer or mayor
domo, II or more assistant overseers
and three commissioners, each of whom
shall be the owner of an interest in said
acequias or the water thereof. The
election of the officers shall occur an
nually on the fourth Monday in October
and they shall enter upon their duties
within ten days after election. The
commissioners shall organize by electing
one of their number as president and
another as secretary.
The overseer shall be the treasurer of
the acequia fund and shall give a bond
to the territory in a sum to be fixed by
the commissioners. He shall render an
exact and true account of all money be-
longing to said acequia that may come
into his hands. All vacancies shall be
filled by a new election. The election
of new officers of community ditto hes
shall be held by the outgoing commits
sioners under such rules as they may
rights shall be permitted to vote, but
votes may be cast by proxy and the votes
shall be allowed in proportion to the in
terest that the voter may have in the
ditch or water. The owners of any CON-
munity ditch not now under the direc-
ton of the commissioners, shall elect no
more than three persons. Ii. case of
absence or the inability of any commits
sioner to attend an election the voters
present shall fill the vacancy in the
manner prescribed to fill vacancies at
the election for justices of the peace.
The overseer shall be superintendent
and executive officer OF the ditch and
the assistant overseer shall be under his
orders. He shall superintend the dis
tribution of the water and collect the
fines imposed and the moneys paid in
line of labor. ANY person who, after
being notified fails or refuses to do the
labor or pay the money imposed in line
of such labor shall be allowed to use
the water from the ditch or any lateral
ditch thereof. The course of an estab-
lished ditch shall not be changed by the
overseer except with the consent of the
majority of the laboring owners thereof.
| Where necessary the bitches shall have
the right to use six yards of ground on
each side of the bitches. The salary OF
uI1C ONCISCCI. uSSloUuIlUS UIu ColuHlioHiou-
ers, shall be fixed annually by a major
ity of the voters present. Each person
shall be required to work on the ditch
in proportion to the land for which he
voted at the election.
Whenever it is necessary for the
overseer to commence proceedings fol
the recovery of moneys due to the
acequia on account Of failure to perform
the labor, he shall receive for his serv'
ices ten per cent of the amount recov
cred and in case verdict is rendered nc
costs shall be taxed against him. Nc
appeal shall be granted in any suit
brought by the overseer except in Grim
inal cases. Any owner and laborer Of
any acequia upon leaving his place Of
residence for a considerable length OF
time shall notify the overseer that he
leaves in his place another person tc
perform the labor in his stead. The sale
of water for irrigation purposes shall
not be permitted under any preteXt,
neither shall the use Of the same be
allowed in any ditch otherwise than fol
labor performed. All plants or trees
growing on either side of the ditch shall
be considered the property of the owner
of the land unless necessary for the use
of the ditch. The provisions of the act