Viewing page 10 of 21

This transcription has been completed. Contact us with corrections.

required for the project. Section 30 of Chap. 104 further provides:

Section 30: "The commissioner of public lands may grant the right-of-way upon or across any portion of the territorial lands, upon such terms as he may deem for the best interests of the Territory, not inconsistent with the provisions of this act or of the act of Congress under and by virtue of which title to said lands hath heretofore or may hereafter vest in the Territory of New Mexico, for any ditch, reservoir, railroad, public highway, telegraph or telephone line."

Appellant relies upon Sec. 70 of Chap. 49 of the Laws of 1907, supra, as authority for claiming right-of-way was granted to it when it was granted its permit by the Engineer to impound and divert the water at the place in question. This section in part reads:

"There is hereby granted upon and over all the lands now or hereafter belonging to the Territory of New Mexico, a right-of-way for canals, acequias, storage reservoirs or other water works, to any person, firm, association or corporation, desiring to construct and use the same, and who shall comply with the provisions of this Act.* * *".

Provision is further made in this section for the filing of the application to construct such canals, acequias etc., for inspection by the Territorial Engineer and, eventually for the issuance of the permit therefor. No provision is made for payment for the use of such right-of-way.

Chap. 104 of the Laws of 1907, supra, thereafter and at the same session enacted and which became law two days subsequent to the effective date of Chap. 49, in addition to a repealing clause directed to certain specific acts considered in conflict therewith carried the conventional general repealing clause which stated "and all other acts and parts of acts in conflict herewith are hereby repealed." Obviously, Sec. 70 of Chap. 49, although enacted only two days earlier, was thus repealed, Clearly, both the Territorial Engineer and the Commissioner of Public Lands could not have such 

-6-