The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-02-17

titled, "An Act to Regulate the Use of
Artesian Wells and to Prevent the
Waste of Su~bterranean Flows of Wa
ter and for Other Purposes" APP
proved February %, 1904
Be 1t Enacted by the 3Sth Legisla-
tive Assembly of b Territory of New
Mexico:
Artesian Wells Defined.
Sec. Am Artesian well is defined
for the purposes of this act to be an
artificial well, the waters of which, if
properly cased, will flow over the nat
ural surface of the ground adjacent
to such we'll at some season of the
year; provided, nothing in this act
shall apply to water flowing from min
ing shafts.
When Artesian Well Deemed a Null
sance.
Sec. 2-That any Artesian well that
is not tightly n securely cased, cap
ped and furnished with such mechan-
cal appliances, at the we'll, a. will
readily and effectively arrest N pre-
rent the entire flow of the water from
such well, either above or below the
earth's surface, is hereby declared to
be a public nuisance. The owner, ten
ant or occupant of the land upon
which which such well it situated,
who causes, permits or suffers such
public nuisance, or suffers or permits
it to remain or continue, shall be
deemed guilty of a misdemeanor.
Owner Shall Provide Appliances for
Taking Pressure.
Sec. 3-The owner or owners of all
artesian wells shall provide suitable
appliances to enable the artesian well
supervisor to readily take the pressure
reading of such well, or to make any
other test required. of him under the
provisions of this law.
Waste of Water Declared a Nuisance.
Sec. Amy person owning an ar
tesian well or his employee Dr. agent
in charge of such well who causes,
suffers or permits the water to unnec-
~essarily flow from sue well or to go
to waste, shall be deemed guilty of
misdemeanor and shall be punished as
hereinafter provided.
Waste of Artesian Water Defined.
Sec. 5@Waste, from artesian wells,
for the purposes of his act, is defined
to be the causing, suffering or permit
ting the water in any arteslan wells
to reach any porous subStratum be-
fore coming to the earth's surface,
or to flow from such we'll
sarily upon any land, or directly into
any river, creek, or other natural
WdtCt COu1SS VI ShdAAC1 "a 4htO oily
lake or pond, or into any street, road
OF highway, unless to be used on land
for beneficial purposes, under b con
slant supervision of the person using
water or his employe. Provided,
that this section shall not be so con-
as to prevent the use of such
for domestic purposes or the
irrigation of agricultural lands
direct flow o. from storage reser-
voirs, furnished by such wells or for
Or helping to supply |
through natural or artificial courses,
channels, public or private irrigation
canals or systems, or for ornamental /
ponds or fountains, or for ponds used
for the propagation of fish provided,
however, that where the water is used
for ornamental ponds or fountains the
mount Of water supplied to such foun-
tains or ponds, shall not be in n case
greater than an amount flowing
and the overflow in such case shall
be greater than an amount flowing
through a one inch pipe without pres
sure.
Which Artesian Water May
Be Conducted.
Sec. 6.@That It shall be unlawful
for any owner or person using the wa
ter from an artesian well to conduct
the water from such we'll to q dis
lance greater than one and one-half