Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-07-18

. NAL -
tributaries. one Tor goo. 600 acre feet
per annum TO be diverted from the
Pecos river at a point about = miles
above Fort sumner. one for 100000
acre feet per annum TO be diverted
from the Pecos river at g point about
! miles above Carlsbad and enc for
10000 acre feet per annum 10 be tax
ga from the G~sliinas and Sapelio riv-
ers and tributary arroyas
ON June 4 1903. tho carey Land
Act Board Of New Mexico filed a TO-
tice Of intended appropriation Of water
from tho Pecos river for the Triton
Lake project
4 number 81 interesting questions
vere raised and ably argued b. coun-
ssI. bnt the board finds il unnecessary
.far The purpose ~ deciding this appeal
d, consider any others han the irst
.fuo presented 10y the territorial ensi-
neer's decision above quoted He
stsies the project ~ impracticable and
inteasible and thai the application is
mot based upon actual survey
As to the practicahility and FEAST
bllity % the project the board would
In ans event. attach much weight 10
line opinion Of the territorial engineer.
and certainly. In tho absence Of posi-
tive Testimony ~ competent engineers
10 %controyeit that opinion. the board
must accept Il is conclusive. This. %
itself Is probably q sufficient reason
Tor rejecting the application.
SECTION g. Chapter a.. laws 81 1907
and the rules and regulations of the
territorial engineer in accordance with
thaf act. requires that an applicant
shah Furnish. at the time Of present
ing his application. data necessary or
the proper description and limitation
OF the right applied Tor, together vlih
such Information maps. field notes
aud specifications as may be neces-
ssry 10 SNOW the method and pracii-
c~RNility ~ construction.
The statate and rules and reguls
Hons require that such maps and field
notes shall be made from actual sur
yess and measurements.
This board has uniformly held that
90 application viii De accepted or Civ
On any priority unless il is accompSn-
ied by maps and field notes. made
from actual sutt eys and measure
ments. showing sufficient data to.
identify and limit the right applied
Tor. and 10 show the method and prac-
tIcabiifty ~ construction
This Is clearly the intention OF the
statute. and in the practical admins
tratlon Of the territorial engineer =
Office any other rule would lead TO
endless confusion and OPEN the door
to the filing Of numerous applications
for purely speculative purposes, OF tor
holding % and Matchmaking persons
engaging in making surveys and meas
urements preparatory to filing bona
tide applications.
II has been %contcndcd 0y counsel IN
this case that when the engineer dis
covered that the maps and field notes
were not made from actual surveys ~
was his duty 20 n them 10 appli-
cant and give him sixty days time in
which to make surveys and measure
mouls and to file new maps and field
notes. and that the question as 70 sur
vey and measurement cannot be rais-
ed at a hearing on protest The board
has decided tina the provisions Of the
statute for returning o. application
and papers for correction applies only
To- papers defective rs to form. and
not 60 those which do not suOstan
tally comply with The requirements
Of the statute and the rules and resu-I
ietions.
The some rule must be enforced Tor
ullug applications Tor water rights as
Is IN force Tor the filing OF applications
Tor hand entries under United states
homestead aud other land acts IN or
der Ia determine With certainty the
priorlties between the different appt-
cents. The first one who files am app
| plic,tion and papers which substan'
TALLY comply with the law end the
published rules ond regulations, Is en-
titled to priority.
W believe thiS question can pro-
petlp be raised ca @ hearing on pro-
I test. or GO sny other time. hy anyont
| interested. and tina If the engineer
| 90 covers at any umc-errtainly
I'd any time before approval-that the
Z application IS not hgsrd upon actuel
] surveys and measurements. u Is his
duty to return thu application reject
Cd Aside from the question Of prsc-
/ uca1llitv and ffaf hilltN. The vital
question. therefore. g.. whether the
maps mid deid notes tctompanying
application Nu. $50 were mode from
e.tugl surveys ANA measurements.
n is commended ht counsel for appel
lgud that the testimony introduced on