El Paso herald. (El Paso, Tex.) 1901-1931, 1911-08-11

The thirty-eighth legislative assem-
bly, of the territory Of New Mexico
passed a law entitled, can act to reg
ulate the use OF artesian wells, storage
reservoirs and bitches connected there
with, and to prevent the waste of~sub-
terranean flows of water and for other
purposes" Approved March Is, 1903.
This law repealed the act bearing
practically the same title and passed
for the same purposes by the thirty
sixth legislative assembly, approved
February %. 1905
The act of 1909 described an artesian
well "to be an artificial well which Is
sunk to the artesian stratum or basin,
and from which water is raised to or
above the surface by natural pressure
or from which water is raised TO or
above the surface of the earth by arti-
fetal means; provided, that nothing In
this act shall apply to water flowing
from mineral shafts
Penalty for Waste.
The act provides that any person
owning an artesian well. or his en-
ploye, or agent in charge of such well,
who causes, suffers or permits the wa
ter to unnecessarily flow from such
well, or to go to waste, shall be
deemed guilty of misdemeanor-
Waste from artesian wells is defined to
be the causing, suffering or permitting
the water in any artesian well to reach
any porous substratum before coming
to the earth's surface, or to flow from
such well unnecessarily upon any land
or directly into any river, creek, or
other natural water course or channel,
or into any street, road or highway,
unless to he used on land for benefit
ciaI purposes, under the constant su-
rSf- 1ra
water or his employee. But this is not
to be so construed as to prevent the
use of such water for domestic pur-
poses. or the proper irrigation of agri-
cultural lands by direct flow or from
storage reservoirs furnished by such
wells, or for supplying or helping to
supply through natural or artificial
sources. channels, public or private ir-
rigation canals or systems, or to orna-
mertal ponds or fountains. or for ponds
used for the propagation of fish.
Wells Must Be Capped.
ANY artesian well that is not tight
" and securely cased, capped and fur
nished with such mechanical appli-
ances at, the well as will readily and
effectively arrest and prevent the en-
tire flow of the water from such well
either above or below the earth's sur
face. is declared to be a nuisance and
any owner tenant or occupant of the
land on which such well is situated
who permits 1t shall be deemed guilty
Of a misdemeanor
Limit of Pipes and Canals.
The conducting of water from an ar
tesian we'll to a distance of more than
one and one-half miles through any
earth ditch, or two and one-ha1f miles
through a concrete ditch, and in no
case farther than two and one-half
miles for drilling purposes land except
where conveyed in pipes for domestic
or industrial purposes) before applying
same for beneficial purposes, is pro-
hibited.
Water from artesian wells for wa
tering stock must be carried through
pipes to watering troughs fitted with
float feeds or other means of control
to prevent waste ard The amount CT
water escaping tr-m the trough must
not be greater thar VIII 3ass through
a one-inch pipe without pressure.
Contractors Bonded.
Artesian well contractors are re-
quired to deliver to the artesian we'll
supervisor of the district $4,000 bond.
approved by the district attorney and
the artesian well board of the county
In which the well to be drilled is To-
Gated. said bond ito be made to the
TERRITORY OF new 2dSA1cO anu 10 De lO1
the benefit of any persons having wells
drilled, upon which they can recover
damages in case of conditions being
broken It is the duty of the supervisor
to inspect each we'll within six days
after notice of the completion and the
owner may pay for the work upon re-
ceipt of a certificate from the super
visor Of its acceptance, and again 80
days later. when. If the well is found
TO conform to the legal provisions. he