Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-11-10
IRRIGATION AND
WATER RIGHTS
Constitution Makers Adopt
Two More Articles of
Fundamental Law
PUBLIC BUILDINGS DISCUSSED
Convention Is Giving Every Evil
dence That 1t Is Hurrying
to the Finish.


The Constitutional Convention this
forenoon adopted the above articles
in the constitution, the very import
ant one on water rights and the more
formal one on public buildings. The
Republican majority worked together
harmoniously and as both reports
had been made unanimously from
committee there was not much
ground for the minority to oppose
them. Both were condensed consi-
derably and the convention has got
ten down to the correct idea of eli
minating legislation. This after
noon the convention is working on
the important article on taxation. 1t
was also intimated that evening ses-
sions would be held so as to get
through with the conventions work
by the end of nexs week.
irrigation and Water Rights.
Section /. All existing rights to the
use of any waters in this state for any
useful or beneficial purposes are here
by recognized and confirmed.
Sec. g. The unappropriated waters
of every natural stream, perennial or
torrential, within the State of New
Mexico, is hereby declared to belong
to the public and subject to appropria-
ton for beneficial use. Priority of
appropriation shall give the better
right.
Sec. 3. Beneficial use shall be the
basis, the measure and the limit OF
the right to the use of water
Sec. A. The legislature is authoriz-
ed to provide for, under proper regu-
lations, drainage districts and sys-
tens, which may be organized and op-
Grated as provided by law.
Public Buildings and Institutions.
Section l. Each of the charitable,
penal and reformatory Institutions of
the State of New Mexico shall be I'M
der the control of a bipartisan board
of directors, the members of which
shall be appointed by the governor for
term of four years, and confirmed
by the Senate The powers and du-
ties of said boards of directors shall
be prescribed by law.
The convention was called to order
at 1875 O'Clock by President Charles
A. Spiess. Rev. julius A. Hartman led
in prayer.
B. F. Pankey created stir by pre-
senting resolution No. 25, that all
caucus meetings be open in the future
to all delegates.
An amusing discussion arose in
which the election returns of Tuesday
and J. W. Childers' coon trap played
the leading part. The motion OF A.
A. Sedillo that the resolution be laid
on the table was carried.
On motion of A. A. Sedillo the
convention went into committee of
the whole to consider the report OF
the Committee on Irrigation.
Venceslao Jaramillo amid applause,
was called to the chair.
The report was unanimous and was
received without dissent. 1t has only
six sections.
Section 1 was adopted unanimously
without change.
Malauuias Martinez moved to amend
Section 2 by adding Gin accordance
with the laws of the state" G. A.
Richardson seconded the amendment.
1t was adopted.
A. H. Hudspeth offered an amend
ment to prohibit the diversion of the
waters of any public stream into an
other stream system to the impair
ment of any valid right on the first
stream system, and that the burden
of proof should be on the party so
diverting such waters.
A. A. Sedillo offered an amendment
in similar strain.
Charles Springer moved to lay the
Hudspeth amendment on the table. He
said that the territorial laws of 1907
provided an excellent system of irr1-
cation law and which were passed af-
ter consultation with the reclamation
service and opposed the writing into
the constitution of legislation to gov
ern the methods of distribution OF
waters.
C. r. Brice too insisted that the
constitution should not interfere with
the distribution of waters as it exists
at present. He however declared in
favor of striking out Section 8.
G. A. Richardson in defending the
report, said that the Hudspeth amend
ment covers a principle already well
settled by the courts.
A. H. Harllee maintained that the
question of beneficial use and the
measure and the limit of the right to
the use of water should be left to the
legislature
A. H. Hudspeth admitted that his
amendment is legislation but insisted
that it is good legislation ana of
great Importance to people who have
leo. He said 1t is difficult for the
user of water from spring in the
lower part of the valley to show that
the diversion Of the head of the stream
affects adversely his water supply and
therefore the burden of proof should
be on the person diverting the water.
Malaquias Martinez in Spanish,
made brilliant defense Of New Mex
icc's irrigation laws. Joses Sena
agreed with him and appealed to the
convention not to write legislation on
irrigation into the constitution. The
poor people must be protected in their