The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-03-30
LAW ON ARTEsIAN WELLS.
The Act Recently Passed by the Ter
ritorial Legislature, Regulat-
ing the C-s.nq. Flow and


ina the C-s.nq. Flow and
License of Artss-
ian Wells.
The bill regulating the flow of Ar
tesian wells was drawn up by Capt
w. c. Reid at the request of the Ros-
well Commercial Club and was intro
duced by Hon. c. L. Ballard on IAN
"a. 1905. 1t was finally passed byboth
houses of the legislature or Feb. goth
and sent to Governor Otero for his
approval.
The bill was signed and goes n
effect thirty days after its approval.
For the benefit of our readers we
print the bill in full. 1t is as follows:
AN ACT
To regulate the use of Artesian wells
and to prevent the waste of subter-
ranean flows of water, and for other
purposes.
Be it enacted by the Legislative As
sembly of the Territory of New Mex
leo:
Section 1. That any Artesian Well
which is not tightly n securely
cased, capped or furnished with such
mechanical appliances as will readily
and effectively arrest nj prevent
the flow of water from such well. is
hereby declared to be a public nuis-
ance. The owner. tenant or occupant
of the land upon which such well is
situated who causes. permits or suf-
fers such public nuisance. or suffers
or permits it to remain or continue,
Is guilty of a misdemeanor.
Section 2. Any person owning. pos
sessing 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.
Section 3. An artesian well is de-
fined for the purpose of this act, to
be any artificial well, the waters of
which, IL properly cased. will flow out
continuously over the natural surface
of the ground adjacent to uch well
81 aAy 6C6COA vi 0hS yCoA
nothing in this act shall apply to
water flowing from mining shafts.
Section 4. Waste is defined for the
purpose of this act to be the causing,
suffering or permitting the water flow
ing In such well to reach n porous
substratum before coming to the
earth's surface. O to flow from such
wells unnecessarily o any land. or
indirectly into any river, creek or OF
her natural water course or channel,
or into any lake or pond. or into any
street, road or highway, unless 1t 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 agricultu-
raj lands by direct flow or from stor
age reservoirs furnished by such wells
or for supplying or helping to supply
through natural or artificial water
courses, channels, public or private II
rigation canals. or systems or for or
namental ponds. or fountains. or fol
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 pro
pagation of fish shall in any case not
be greater than the flow through q
pipe one inch in diameter.
Section s. Amy person hereafter
boring or causing to be bored. an ar
tesian well. shall case the same. with
a good quality Of casing. sufficient
in all Instance 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 shah keep a complete re-
cord OF the depth and thickness of
the different strata penetrated, which
he shall verify under a and when
the well is completed shall ile said
record I'm the once Of the District
Artesian Wen Inspector. where it