91 



divided into six divisions, for each of wliifli tlioro is ono commissioner. 

 AVluMi a stream is to be adjudicated tlie commissioner for the district 

 i n whicli it is located collects the testimony as to dates of appropriation, 

 et c. Tlie Territorial en<jineer makes surveys ; the testimony is open to 

 inspection; protests are allowed and heard, and all the evidence col- 

 lected, and the maps made are submitted to the board at the next 

 meeting, when the rij2:hts are defined by the board and certificates 

 issued. This law ])rovi(les that all the natural waters within the liuiits 

 of New Mexico belong to the public and no person shall be be denied 

 the right to appropriate said waters for beneficial use. This is similar 

 to the provision of the Colorado constitution, which has been held by 

 many to prohibit the State from prescribing the manner of making 

 such appropriations and from giving the engineer or any other official 

 authority to reject any a])j)lication for permission to aj)proi)riate 

 water on the ground of there being no unappropriated water in the 

 source of supply or for any other reason. This point has never been 

 sciuarely decided by the Colorado supreme court, but the opinion 

 above cited is very generally accepted in Colorado. If this view is 

 correct, rights must be acquired without public supervision until this 

 provision of the law is repealed. 



Parties washing to construct dams must submit plans to the Terri- 

 torial engineer. For large works he may require excavations to 

 determine the character of the foundations and may visit the location 

 of such works before giving his approval, and no rights may be acquired 

 if such works are built without the approval of the engineer. He has 

 authority to inspect any dam within the Territory of New Mexico, and 

 if he finds it in an unsafe condition he may order such repairs as he 

 deems necessary. If the owner refuses to make the repairs ordered, 

 the engineer reports the case to the judge of the district court, who 

 may order the sheriff to draw off the water from the dam and keep it 

 drawn off until the repairs are made. 



GENEKAI DISCUSSION. 



As was stated in the introduction to this report, the primary purpose 

 of the creation of the office of State engineer in irrigated States is the 

 distribution of the water to those entitled to its use. The engineers in 

 the various States have other duties, but these are incidental. A first 

 requisite for this distribution is well-defined rights. Without this 

 the engineer has no basis on which to distribute water. Notwith- 

 standing this, the great body of rights in the United States were 

 acquired without such supervision as would definitely limit and define 

 them. Because of this fact the first step in providing for the distribu- 

 tion of water has been the provision of a method for defining existing 

 rights. The second step is a provision for the acquirement of rights 

 under such public supervision as will insure a complete list of those 



