Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1904-06-25
pEMING has A KICK
WILL FIGHT ANY ATTEMPT TO
TAKE WATER FROM DEMiNo
TO e. PAso.

~ NaN" N'NNH N'|.H ''N N'AN.N'AH NAHN 80 a. w.
with water from Dcming Is likely TO
encounter some serious legal com
plicationB before DO reaches the paint .
OF applying 10 the city for franchise .
aud even after 90 might secure such .
a concession. says the El Paso Her .
aid
Since The formation of the cons F.
pany and its object has become pub.
ucly known. the people of pcming
have been looking into the question
0l che LEGAL right t1 take water from
their supply to bee used in El Paso.
Tho objection thar the people of Dem
ing have 90 the consumption of the
object Of tho Mimbrgs company o.
two fold.
lu the FIRST place they fear that 90
furnish water fJr 90 puso would Ion.
pair their supply to the delriment of
their own city and locality and in the
second place they contend that So ls
an advantage t1 thom to have a good
water supply when El Paso hiss not,
Cor they still have hopes of some day
becoming an important city and a
rival OF El Paso.
The subject has been $50 thoroughly
and earnestly discussed by the people
.of Doming that they have begun TO
look into the .oEal phase OF che qucs.
ton OF allowing a company to come
lu on their territory a9d use The va.
Ter. possibly t1 tho.r doirImout ana,
any rate. Tor One benefit of rival
city
WaaUlng chat those complications
are likely To- arise the city of 30 Paso
is also looking into the question, ON
the theory that those matters had
better bo settled. or at least under
stood. before any such definite action
az granting a franchise is taken. u
the city should grant the Mimbros
people a franchise and the company
should then got into a big law suit
over the right 90 take the water. The
/ clty would again be- tied up ON tho
water question with this idea in
view City Attorney storms has been
looking mp the legal aspect OF me
! situation.
The law is as well defined on tho
/ subject of rights 90 subterranoan wa.
ter as 70 IS 90 ordinary riparian rights.
/ Tho courts havo held that under
ground water over the right 70 use
which legal kinds. towlt; Water that
runs co. a we'll defined channel. such
as underground result OF porcolation
ana which has no known or defined
course. Tho law ls that water which
runs In an underground channel %
subject 90 The same rights that am
1yCrrround 0r surface stream is and
that the course can not Doe diverted
1r lts supply diminished to the dgrti.
mcut of othvrs on the course of the
channel,
As to water which rep0ses in the
srouul as the result of natural porco.
atIou tho courts hold that % becomes
a part uf tho land, that the owners
OF land oyor'yng such water have
the same rights in IL as they have ga
ores The weight of authority seems
ito De-. however. that tho owners can
not use such water 90 au unroa8ona.
BILE extent
! Upon these two propositions OF
| law 70 seems that the Mimbres pco
pie a5c mp against a suag ga tho out.
start. If the water which they pro-
pose to use is 90 come from a chan.
mel or underground river and the
fact that they call their company the
| Mimbros company would seem 10 Ia.
dictate thm they so regard their
source. the people living between
DomIng and th,s city would have a
right to object 90 the use of the wa.
Ter as n supply FOR El Paso on the
ground that Dc would diminish their
supply ON the other hand. % the
company should contend that hc
source from which they propose 90
got their water ls simply on under
ground bed and not "a river channel
/ tbo people of uCmuE could object ON
/ the ground that tD take from the
ground enough water tu supply e city
IUto E p1so would ba using such wa.
| tDr to 8n unreasonable extent al
/ though officials OF the new company
say DO would be doing nothing Of the
Sort
\ % R luthoritativpiy stated that
/ there a a strong likelihood Of these
/ questions coming upto embarrass che
/ Mimbrps company and that the PEG.
pie OF pomlng are going TO nght DIT.
terly along these lines city Attorney
storms says that the city win have
To look VOL into tho question before
o. considers granting the franchise.
Tine Mmbres company, however
seems 90 boz going ahead regardless
lof the possibility OF these questions
coming up and % preparing Il Is
understood. 10 make an application
20 tho city council for a franchise at
an early date.