the carrying capacity of the ditch so enlarged or changed, and the increased capacity of the same thereby occasioned, and the time when such change or enlargement was commenced, and no priority of right for any purpose shall attach to any such construction, change or enlargement until such record is made.

SEC. 2. A copy of such sworn statement duly certified by the probate clerk of the county where such record is made shall be admitted as prima facie evidence of such appropriation of water in all the courts of this Territory: Provided, That the provisions of this act shall not affect any existing vested rights or any public acequia or ditch used for the public, and the canals, ditches or acequias authorized by this act to be constructed shall be completed within five years from the time work shall be commenced on the same. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage.

"An Act to provide a method for establishing the rights of appropriation of water for ditches, canals or feeders of reservoirs, and requiring registration of all such hereafter made, changed or enlarged." (Chapter LXXI, Laws of New Mexico 1891, p. 130.)

Act of March 18, 1897, C. 73.-Code of Civil Procedure.

ARTICLE IV.-Pleadings in general.

SUB-SEC. 33. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of:

First. The same transaction or transactions connected with the same subject of action; or

Second. Contract, express or implied; or

Third. Injuries with or without force, to person or property, or either; or

Fourth. Injuries to character; or

Fifth. Claims to recover real property, with or without damages for the withholding thereof, and the rents and profits of the same; or Sixth. Claims to recover personal property, with or without damages for the withholding thereof; or

Seventh. Claims by or against a party in some representative or fiduciary capacity, by virtue of a contract or by operation of law. But the causes of action so united must all belong to one of these classes and must affect all the parties to the action, and not require different places of trial, and must be separately stated, with the relief sought for each cause of action, in such manner that they may be intelligibly distinguished.

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ARTICLE VI.-Amendments and variances.

SUB-SEC. 85. The court shall, in every stage of the action, disregard any error or defect in the pleadings or proceedings which shall not

affect the substantial rights of the adverse party, and no judgment. shall be reversed or affected by reason of such error or defect.

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SUB-SEC. 87. A party may be allowed, on motion, to make a supplemental complaint, answer or reply, alleging facts material to the cause, or praying for any other or different relief, order or judgment.

SUB-SEC. 89. In every complaint, answer or reply, amendatory or supplemental, the party shall set forth in one entire pleading all matters which, by the rules of pleading, may be set forth in such pleading, and which may be necessary to the proper determination of the action or defense.

ARTICLE VIII.-Trial and judgment in civil actions.

SUB-SEC. 104. Any hearing of any kind, whether interlocutory or final, unless trial by jury is necessary, may be had in any case out of regular term time upon five days' notice, in writing, to the opposite party, or his attorney or solicitor. Such hearing may be had during the term of court at any time in the discretion of the court.1

SUB-SEC. 134. No motion to set aside any finding or judgment rendered out of term time shall be entertained unless it shall be filed and a copy thereof served upon the opposite party within ten days after the entry of such finding or judgment.

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SUB-SEC. 137. Judgments may be set aside for irregularity, on motion, filed at any time within one year after the rendition thereof.

Extract from Compiled Laws of New Mexico, 1897, Title XXXIII "Procedure, Civil," chap. 1, sec. 2685, p. 690, in accordance with an Act of the Legislature. Approved March 16, 1897.

Act March 19, 1907.-Conserving and Regulating Use of waters in New Mexico.

Be it enacted by the Legislative Assembly of the Territory of New Mexico:

SECTION 1. All natural waters flowing in streams and water courses, whether such be perennial, or torrential, within the limits of the Territory of New Mexico, belong to the public and are subject to appropriation for beneficial use.

1 [Sub-sec. 104 of the Code as amended by Chapter 11, Laws of 1901: "Any hearing of any kind, whether interlocutory or final, unless trial by jury is necessary, may be had in any case out of regular term time upon five days' notice, in writing to the opposite party, or his attorney or solicitor, but the court or judge may, upon application, for good cause shown, extend the time of hearing. Such hearing may be had during the term of court at any time in the discretion of the court."-Agent's note.]

SEC. 2. Beneficial use shall be the basis, the measure and the limit of the right to the use of water, and all waters appropriated for irrigation purposes, except as otherwise provided by written contract between the owner of the land and the owner of any ditch, reservoir or other works for the storage or conveyance of water, shall be appurtenant to specified lands owned by the person, firm, or corporation having the right to use the water, so long as the water can be beneficially used thereon, or until the severance of such right from the land in the manner hereinafter provided. Priority in time shall give the better right. In all cases of claims to the use of water initiated prior to the passage of this act, the right shall relate back to the initiation of the claim, upon the diligent prosecution to completion of the necessary surveys and construction for the application of the water to a beneficial use. All claims to the use of water initiated after the passage of this act shall relate back to the date of the receipt of an application there for in the office of the territorial engineer, subject to compliance with the provisions of this act, and the rules and regulations established thereunder.

Extract from "An Act to conserve and regulate the use and distribution of the waters of New Mexico; to create the office of territorial engineer; to create a board of water commissioners, and for other purposes."―(Chapter 49, Laws of New Mexico, 1907, p. 71.)

Constitution of the State of New Mexico, Article XVI.—Irrigation and Water Rights.

RECOGNITION OF EXISTING RIGHTS.

SECTION 1. All existing rights to the use of any waters in this state for any useful or beneficial purpose are hereby recognized and confirmed.

WATER SUBJECT, TO APPROPRIATION.

SECTION 2. The unappropriated water of every natural stream, perennial or torrential, within the State of New Mexico, is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accordance with the laws of the state. Priority of appropriation shall give the better right.

BENEFICIAL USE.

SEC. 3. Beneficial use shall be the basis, the measure and the limit of the right to the use of water.

DRAINAGE DISTRICTS.

SEC. 4. The legislature is authorized to provide by law for the organization and operation of drainage districts and systems.

Constitution adopted January 21, 1911.

37973-23-10

STATUTES OF THE STATE OF TEXAS.

Act April 24, 1905, Authorizing Operation of Reclamation Act of Congress in Texas in Certain Cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That where, in the examination, survey, or construction of any irrigation or reclamation project under the provisions of the Act of Congress approved June seventeenth, nineteen hundred and two, thirty-second statutes, three hundred and eighty-eight, known as the reclamation Act, it shall be found advisable or necessary to irrigate or reclaim lands within limits of the State of Texas, the Secretary of the Interior is hereby authorized to make all necessary examinations and surveys for, and to locate and construct irrigation or reclamation works within said State, and to perform any and all acts necessary to carry into effect the provisions of the reclamation Act as to such lands, subject to all the provisions, limitations, charges, terms and conditions of the said reclamation Act.

SEC. 2. The importance of this Act to the arid portions of the State, and the crowded condition of the calendar create an emergency and an imperative public necessity requiring the constitutional rule which requires bills to be read on three several days be suspended and said rule is hereby suspended and this Act take effect from and after its passage.

"An Act authorizing the operation of the irrigation reclamation Act of Congress to the State of Texas in certain cases.' " (Chapter 101, General Laws of Texas, 1905, p. 151.)

RESOLUTIONS.

Concurrent Resolution of Congress, April 29, 1890.

Concurrent resolution concerning the irrigation of Arid lands in the valley of the Rio Grande River, the Construction of a Dam across said river at or near El Paso, Tex., for the storage of its waste waters, and for other purposes.

Whereas the Rio Grande River is the boundary line between the United States and Mexico; and

Whereas by irrigating ditches and canals taking the water from said river, and other causes, the usual supply of water therefrom has been exhausted before it reaches the point where it divides the United States of America from the Republic of Mexico, thereby rendering the lands in its valley arid and unproductive, to the great detriment of the citizens of the two countries who live along its course; and

Whereas in former years annual floods in said river have been such as to change the channel thereof, producing serious avulsions and oftentimes and in many places leaving large tracts of land belonging to the people of the United States on the Mexican side of the river and Mexican lands on the American side, thus producing a confusion of boundary, a disturbance of private and public titles to lands, as well as provoking conflicts of jurisdiction between the two Governments, offering facilities for smuggling, promoting the evasion and preventing the collection of revenues by the respective countries; and

Whereas these conditions are a standing menace to the harmony and prosperity of the citizens of said countries and the amicable and orderly administration of their respective Governments; Therefore,

Resolved by the Senate (the House of Representatives concurring), That the President be requested, if, in his opinion, it is not incompatible with the public interests, to enter into negotiations with the Government of Mexico with a view to the remedy of all such difficulties as are mentioned in the preamble of this resolution, and such other matters connected therewith as may be better adjusted by agreement or convention between the two Governments.

The President is also requested to include in the negotiation with the Government of Mexico all other subjects which may be deemed to affect the present or prospective relations of both Governments. Passed April 29, 1890.

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