Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-12-13
IMPORTANT TRIAL.
Elephant Butte Dam Case BsiDe
Heard al Las Cruces.
Points at Issue In the Celebrated Ir.
rigation Controversy.
Distinguished Attorneys VIII Argue o.
Navigation Laws OF the County.
Srw MEXICO VITALITY INTERESTED IN CASE

Special to The Citizen.
Las Cruces, Dec. I3.-The Elephant
Butte dam case. u hesriog in equity. be
gan before Judge Frank ". Parker, as
sOciste justice Tor the thtrd district, yes
terday afternoon al 2 o'clock.
Judge BurcD, In opening the cas-,
called the attention OF the court 10 tn,
Ing parts to show tue difference between
the dam company's prospectus aud the
modified answer TO the court: "rhe
Vendo0 company has secured. under
United States IL ieral law, In. only
feasible reservoir site on the Rio Graude
In southern New Mexico, and the com
pletion OF the storage dam at Elephant
Butte, will create the laryast artificial
lake ia the world. (li,O36, 722, 500 cubic
freD at cost of Is 81 per acre foot
Capacity. as compared with the cost OF
ihe Sweetwster dam, { 'alifornis
IS l0s 5d per acre foot. the Merced valle,
dam (Califofnis) e5 l0s 10 q, Castlewood
dam, (COlorsdo) 81 l0s Al per acre foot
la acquiring tnis splendid natural
| reservoir site the company will obtain
control Of the entire flow OF the Rio
6Tande hi southern New Mexico; the
only practical means OF irrigstiDg what
is now considered to be the finest fruit
aud wine country In the United States" +"
y "When the whole OF the pre-
posed irrigation works are carried out,
over 100000 acres OF valley lands and
about 10000 acres OF mesa lands will be
under ditch" "The property aud
enterprise, and the cost OF building
canals. and a solid masonry, (stone ana
cOncrete) dam, having been exhsustively
Investigated aud reported upon by the
company's engineer, u thorough and
competent authority In irrigation aud
by dtaulic matters. The engineers esti-
mate Tor construction (allowiDg for con
tingencies. see reporD. Main dam
at Elephant Butte. e52,39S 195
%; dam 2. wire ditch hesd)
81, SOILS 81; dam No. 4 ditch head) "a,
U95, I'd. Sd" "And IN particular to
build dams. weirs. canals. sluices. ace
Quias, bitches, culverts. filter beds. pipes,
squeducts. and other irrigation works,
either for irrigation and other purposes,
and TO execrete and do all other works
necessary, or convenient for obtaining,
storing, impOunding, selling, delivering,
distributing and measuring water for IT.
rigating the lands Of the company, or
for the sale and distribution OF water to
owners or Occupiers OF lands not belong
ing to the company. and for the sale Of
water righ.s, and for carrying on the
business OF an irrigation ard water
works company In all its branches To
erect, improve aud maintain piers. ware
houses. factrOiea, f0undries, wharves.
dwelling h0usee, and such other premi.
ses, buildings, mills, machinery and
plant, and TO construct such roads, reser
voirs, telegraph. water, gas, electric and
power supply works. shops, stores, drain
age, sanitary and other works and con-
veniences ~ may seem calculated di
rectly or indirectly 70 advance the com.
pany's interests. To supply water TO
cities and towns, and Others for irriga-
tion, domestic and municipal purposes,
and for milling and mechanical power.
To irrigate, c0loniZe, cultivate, improve,
deyelOpe and otherwise turn to account
the resources OF any lands, estates aud
other properties that may be acquired
by the company"
Portion OF answer: 'But so far
ss that bill IL concerned which charges
that the Rio Grande Dam & Irrigation
company, Limited. IL seeking 10 obtain
control OF the entire flow OF the said Rio
Grsnde and to divert the same. these de
PENDANTS state, that the entire flow OF the
Rio Grande during the irrigation period
at the point, or points, where the ds-
PENDANTS are seeking TO construct reser
y0irs upon the same, mas long since been
diverted and Is now owned and beneh
cially used by parties other than these
defendants, In which diversion and ap-
preparation OF said waters these defend
ants have no property rights and that
neither one OF the defendants are seek.
ing TO have or have ever sought to sppro.
pirate or divert by means OF structures
above referred to, or contemplated di,
version by means thereof OF any OF the
waters OF the Rio 6rande usually flowing
In the bed thereof. during the time when
the same are usually put TO beneficial
use by those who have heretofore diverted
the same, but on the contrary these de-
PENDANTS state that II has been their In
tention and their sole intention, by
means OF the structures which they con.
template and which are complained
of in said bill, TO store, control, di-
vert, ard use only such OF the waters OF
said stream as are not legally diverted,
appropriated, used and owned by others,
and that these defendants have cOntem-
plated and now contemplate that any
beneficial rights by them acquired Ia
such stream by virtue OF such structures
will be very largely only so acquired TO
the excess, storm and fl>od waters thereof
now unappropristed, useless and which
90 TO waste"
Then followed the depositlons OF three
witnesses, questions and answers, which
was read TO the court and took up the
afternoon
The deposition OF francisco Yturia
deals with the river from Brownsville 20
Laredo, Texas. Hs frat saw the Rio
Grande In 1880: from ls4S TO 1873 steam
boats, carrying four feet OF water. made
81.