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territorial lands for any ditch, resevoir, railroad, public highway, telegraph or telephone line. Sec. 22 thereof makes it unlawful for any person, corporation or association of persons "to enter upon or use, for any purpose whatever," any land belonging to the territory without having "first leased or purchased said land, or in some other manner obtained a right to do so from the Commissioner of Public Lands of said territory in accordance with the terms of this act and the Act of Congress under and by virtue of which title thereto vests in said territory;

Appellee claims, and the trial court apparently adopted the theory, that the Company was thus a trespasser upon the lands, and even had he known of the improvements which had been constructed by it prior to the making of the application to purchase, that he would not be bound to take notice thereof, since it was not a lessee of such lands, obtained from the Commissioner no right to use the same and was therefore a trespasser whose right to have compensation for improvements made upon public land would not be protected. See Sec. 6, Chap. 73, Laws 1915 (Sec. 132-162 N. M. Stat. Ann. Comp.)

If appellant relies upon any right acquired by virtue of its having secured through the Territorial Engineer a right to construct the works and divert and transport the water, as a right in the public land in question, suggessts appellee -- and he contends the Water Code does not give such right -- then, in any event, Chap. 104, supra, being enacted subsequently to such Code (Chap. 49, supra), in case of any conflict, the subsequently enacted law would control.

We are constrained to hold with the trial court that absent some contract or agreement with the Commissioner, Appellant Company was a trespasser upon the land in question. It obviously stopped short of its duty when it merely secured permission to divert, impound and transmit water. It yet must secure the right-of-way for the dam, pipe line and other facilities