Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-08-09
srIprIArIoN.

The Pueblo Of Santa Ana, The Pueblo
Of Sandia aud the Pueblo of Sau
Filtpe, Defendants.
STIPULATION.
Il il stipulated and agreed by and be-
tween the complainant and defendant
hat said cause may be heard upon the
following agreed statement Of facts:
/. The plaintiff Ia a corporation incOr
a. alleged In the complaint.
9 IL has caused a preliminary survey
10 b. made and completed since he hnug
n the original complaint Ia this cause
Tor the construction OF a hitch tot tfrira
ton purposes. The head gate VI which Is
10 be placed Just below ths Pueblo Of "A
In the county VI Berna lilo. the
Ter linus Of which Is 10 be at or about
the Pueblo Of lsleta.
3. The capacity Of said ditch will be
two hundred and ten cubic feet per sec
Ond In full.
4. The defendants are Indian PueblOs
and have now In use bitches ~ follows;
A. The Pueblo Of san Felipe, one ditch
with an approximate capacity OF fifteen
cubic feet per second; the head OF said
ditch being about three miles above
the head OF the plaintiffs proposed
ditch.
r. The Pueblo OF Santa Ana, one ditch
with an actual capicity OF thirteen and
one-tenth feet per second; the head OF
which Ia about two miles below the
head OF plaintiffs proposed ditch
G. The Pueblo OF Sandia, n ditch with
an actual capacity OF eighteen cubic
feet Der second; the head Of which Is
about ten miles below the head Of
plaintiffs proposed ditch.
!. From about the 10Th Of March until
the 1st day OF November In each year the
said pueblos keep water flowing through
their said bitches 10 their full capacity.
8. At Bmbudo, a point on the river
about sixty miles above the head OF plain
tia's proposed ditch, the government has
maintained u gauging station during
each year since 1889, Inclusive, aud the
report OF tn government officers show,
a. may be- found on their reports, copies
OF which are hereto attached, and which
are TO be found on pages 1l2 and ll3 OF
Results OF Stream Measurements by n.
Il Newell being extracts from the four
tenth annual report OF the director
of the United States geological
survey, said eOpy when hled 10 be marked
exhibit A, and made a part OF this stipu-
lation and also report for the year 1894,
found on page % OF the bulletin OF the
United states geological survey No. lsl,
A copy of which Il TO be filed herewith
and marked exhibit h, and made part OF
this stipulation also, the official report
Of p. Il HarrOun, In charge OF said gauge
station for the years 1895, 1895, 1897,
1898, a o D OF which IL 10 be hled here.
\ with. made part Of this stipulation, and
marked exhibit G, aud until 80 filed the
originals 3 above referred 10 may be
used as a part OF this stipulation. These
reports show the maximum, minimum,
and mean flow Of the water In said river
at said station 40 indicated upon their
face.
I. At Rio Grande station. q point
thirty-six miles above the head OF the
plaintiffs proposed ditch, the govern.
ment has maintained a guage station
since February 1, 1895. the record OF
which begins April l, 1895, a copy Of the
report OF which ia hereto attached,
marked exhibit d, and made a part OF
this stipulation; but the original may bt
used until n cOpy OF the same has been
made and attached hereto. Between KIN.
, budo and Rio Grande stations the follow
ing tributaries come into the Rio Grande
to-wit: The Chams river, Santa Cruz
river, PenascO river, Nambe river, Te
seuQue river and Santa Clara river. Be
tween Rio 1rande station and the heaC
OF plaintiffs proposed ditch the following
: tributaries also come Ia, tO-witi III Rit,
Fiioles, CanOndel Alamo, Canada de Co
chiti, Rio Santa Fe and Rio GalisteO. o
these last mentioned streams thu frs
) two are perennial, the others carry watel
only during the rainy seasons and from
melting SHOWS.
All OF them are important az affecting
the dow OF water In said river for pur
poses OF irrigation.
3. That In occasional years there IL
diminiahed flow OF water In said ri
Grande between the 10Th Of June and In
18th OF September, and IN rare year
during this period a cessation OF surfac
how beginning at a point three or fOu
miles below the Pueblo OF Sandia an
fifteen miles below the head OF plaintiff
proposed canal. And In every year crop
can be produced aud matuTed along Oh
!, line Of said proposed canal by irrigation
q thereof before the 18th OF June and priO
a 10 any diminutiOn or cessation OF In
. hOw OF water In said river, such a
. wheat, oats, barley, rye, two crops O
3 alfalfa, canaigre, berries aud man.
varieties Of fruits, also early vegetable
A may be- profitable grown by irrigation
no later than the fifteenth OF June.
. 8. IL IL further stipulated that the ap
Q preparation and use OF water from tn
Rio Grande by the said PueblOs, defend
, anti, and their rights therein and there
; 20, shall not be affected by PLAINTIFF
! proposed irrlgating canal, and any de
cree entered In this cause shall be sub
ject TO their prior rights and In accord
a anee with this stipulation.
10. II Is farther stipulated by and be
= between the cOmpiaipants In the a0oy
entitled cause and the defendants, tina
the stipulation heretofore entered be
9 tween them and filed In said eaase Will
|. the same wa ~pendlngin the district couI
u for county OF BefnalillO. shall from thi
date h%enceforth be considered ~ abrC
gated and set aside, and pleadings ma
now DO filed for the purpose OF maxim
up th8 issues In said cause, and II shaI
proceed ~ II said stipulation hereb
abrOgRted had never been entered int
d except 40 far ~ the same authorized
change OF venue In this cause, and sal
J. cause may he At once heard upon sal
pleadings when nled. and the abo'
Q agreed statement OF facts.
COLLIER & MARION. and
CHILDERs Il DOBsON,
FOR the albuquerque Land and lrrigatio
Z Company.
=, q. HILL HOWARD,
. For the PueblOs Of sandal, San Felip
Santa Ana, and their Inhabitants.
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