April 21, 1819:

Water Rules and Rights - Carnuel Land Grant



SANM I, REEL 27, SG 150 Frames 903 to 906 - Translation of Spanish Document "E":



"Order for the Lieutenant of the new settlement from San Miguel de Carnué as far as San Antonio in order that he may obey it and have it observed in all its particulars,

1st Point. All the waters shall be worked in common letting them run as far as the last settlement.

2nd No one shall make dams to stop the water to the damage of another, but shall irrigate in his turn day or night, in order that all may irrigate equally, without preference.

3rd All surplus water should be discharged into the common ditch or arroyo running from above downward without anyone raising dispute or question since all are equal and enjoy the same privileges.

He who shall violate any of the three said points and shall not observe them, will at once be exiled from the settlement, as in like manner will be he who brings in another who is not of those set down in the list and possession.

The Lieutenant will make a copy of this in order that, after advising me of his compliance, he shall carry it into due effect, making him as I do, responsible for any disobedience that may occur.

Albuquerque April 21, 1819

Josef Mariano de la Pena [Rubric]



Notice:

I again repeat that the work of the public square is also common among all, in proportion to the measurements made and all the general works.

Pena [Rubric]



Complied with and obeyed.

Juan Bautista Duran [Rubric]"



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Frame 905 reads:

U.S. Surveyor General's Office,

Santa Fe, New Mexico,

April 15, 1886.

The foregoing two pages contain a full, true and correct translation to the best of my knowledge of the original in Spanish on one page, which original, designated as letter "E", is on file in this office in private land claims file No. 96, in the name of Juan Ignacio Tafoya et al. for the Canon de Carnué tract.

Will. M. Tipton [signature]

Translator



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U.S. Surveyor General's Office

Santa Fe, New Mexico

I hereby certify that the signature affixed to the foregoing certificate is the genuine signature of Will. M. Tipton, who at the time of signing the same, was the official translator of this office, and that all his acts, as such are entitled to full faith and credit.

On testimony whereof I have here unto subscribed my name and caused the official seal of this office to be affixed, at the city of Santa Fe, this fifteenth day of April, A.D. 1886.

Geo W. Julian [signature]

U.S. Surveyor General

for New Mexico"




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SOURCE: Spanish Archives of New Mexico I, Microfilm reel 27, Surveyor General #150, "Cañon de Carnuel Land Grant" Fr. 903 to 906.





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