Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-07-28
THE HOhDO
CONTROVERSY
Water Users Association Dem.
eRstrates that I. G. Tracey
Ell Al Are Legless
ELABORATE
ANSWER MADE
People Of Carlsbad Have No just
Ground For Complaint Over
Building Of Government
Reservoir

Statement u The facts in the iIondo
Reservoir controversy, submitted
81 The Rio Honao Reservoir water
Users Association.
The substance Of tho statement of5
Mr.. +. g Tracy, president 81 the Pe
Coz IRRIGATION Company u Carlsbad.
n, Mex. 10 the Honorable. the secre-
tary 81 the interior, protesting against
the building Of the Honda reservoir,
has been published III many news
papers and has attracted considerable
attention. II seems ID need d pub
lie answer.
The protect Is d remarkable docu.
nent. ana more remarkable FOR what
II forgets % say. and for what It
mis-states. than for what II states.
correctly, We believe 1t has not d
legal Or equitable ieg 81 stand on,
and among many reasons, VIZ submit.
the following
Tho first attempt 10 utilize the
water Of the Pecoa river and rs trf
butaries for irrigation purposes on ii
large scale. was In 1883. Iii July of
that year The Peeos Irrigation H
Investment Company filed flu charter
As stated therein, 1t planned 10 build
what fl known as The northern canal
In Chages county. aud appropriated
the unapproprIatea waters Of the
Hondo river and It's tributaries. and
the water Of the South Spring river.
for irrigation purposes. The charter
fixed the dtyerting dam and head OF
the canal. where they are now loeat
ed. about two miles above where the
Hondo empties Into the pecos. and
and below the point where the North
Spring and Berrendo rivers. ftribu.
taries Of the Hondol empty into the
Hondo.
The charter also provides for the
building Of d main canal. III what Ii.
now Eddy county. also a reservoir
now called Lake Avalon, and appro
priated the nnappropriated waters of,
the Pecos river 70 supply II. II did
not mention any tributaries of the
Pecos river. II by direct language,
or BY implication II had Intended To-
include the tributaries Of the Pecos.
\ could not have included the waters
OF the Hondp or It's tributaries. as
the language OF the charter had first
appropriated such waters ID other
uses.
The Pecos Irrigation a Investment
Company authorized an issue OF bonds
70 raise money. secured by a first
mortgage on all It's property and fran,
chlses.
In December 1858. six months after
the before mentioned appropriation.
some gentlemen In Roswell and 9th
ers, organized the first New Mexico
Reservoir 4 Irrigation Company
They appropriated all the unappro
priated flood waters Of the Hondo
river for irrigation purposes. and IN
ed on n natural reservoir site located
on n side OF the Hondo. and near
u. about eighteen miles up the river
from Roswell. Much OF the land TO
be covered BY the reservoir, belonged
to the United States government, but
u was legally appropriated under an
act Of congress made ID cover such
cases. Whether the first New Mexico
Reservoir \ Irrigation Company had Il
right to appropriate any waters oil
the Hondo river or not as against thc
Pecos Irrigation Il Investment Conf
panys' previous appropriation, Is now
immaterial question. IN viii here
after appear.
IN 1890 the Pecos Irrigation d In.ll
vestment Company. wishing u en-
rs operations under a morel
liberal charter got itself r~eorganfzcd.
In that year the pecos Irrigation 4
Improvement Company wa forned,d
and bought and took over all the pro
perry. rights. and franchises. Of the
pecos Irrigation 4 Investment com
pany. Among The first things which
The new Improvement Company did,
was 10 purchase al the property
and franchises. of the first
New Mexico Reservoir i Irrigation
Company. BY this act The pecos lr
4 Improvement Company
acknowledged and confirmed the