Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1906-02-24
COLONISTS AND
APACHES WAR
Over Water Rights Of TularOSa.
Legal Battle Being
Waeed.
ATTORNEY MEDLfR fOR INDIANS

Assistant United States Attorney
E h. Mcdhl ioft last night Cor Alamo
gorll where ho goes 90 represent the
governments charges the Mrscaloro
Apache Indians in the nov famous
fulnrusa water right case. boz which
fht taking of testimony viii hc re-
sumed tomorrow morning. This case
has now become one OF territorial im.
p0rauCe. lHamHch as feud. extend
inc over e period of ten years has
resulted from ihc litigation. in which
Hi least Ulghi persons have iasi their
lives.
Origin Of Trouble.
lu reality, the trouble over the
Tularosn water rights extends os far
back al ihe year 1865 in this year
number of The Mexican inhabitants
of the RIO Grandt valley attempted 90
settle on the fertile and easily irrl
sable lands in and around the town.
Site oi Tu'Hrusa. but were driven 90
hy rhc indians ln 1860 they returned
again. AND thls lime succeeded in APP
pfonflatlns some OF the water from
ihe Tuiarasa river lOr Irrigation pur.
poses IN 1862 fho toWnsiio Of Tula.
rosa was plated by government sur.
veyors, bitches built and water con.
cenirniod from a number % streams
thai flowed westward from The noun.
ialns,
aealnnlng Of the Feud
o. was during the Apache Indian
troubles thar the beginning OF the
present water foud had its inception.
An Indian agency was established hy
The government, aud farm laid ont
Tor them near the hgadwater OF the
RIO Tularnsn and water from The
hnadwatera was taken tu irriEato the
farm settlers who had earlier water
rights objected 90 this. but On vain
other settlers located along the can
Won had helped diminish the supply
Protests against these settlers were
also in vain. Farming at The Indian
ngoncy which had been small az nrst
now began tO assume large proportion.
in spite ~ repeated proiesis. The or
igIual colouists who hsd settled there
in 1860. soon began 90 find thciI
water supply reduced 90 almost moth
Ing Seeing ruin before them u they
did not succeed In getting more water
these settlers made up a party ant
went into the foot hills, demanding
OF the squatters that they cease 40
"a
route Their answer was q yolley
from Winchosters. and the little part,
uf original settlers from Tularusl
returned 90 that place minus four o
their number who had been LETT be-
hind. dead This was the beginning
OF me foud
Appeal 20 Courts.
Matters went on 90 this manner fo
some time. an occasional life bolni
uunod out AZ "a result ~ the feud
until the settlers of the valley
grown desperate. rcsOrted tC th'
courts Those feeling themselves az
sriCved secured an injunction agains
the further use of tho waters el thi
Ri0 rular1su Bog the Indians This wa
over o. year ago. The injunction wal
dissolved last summer The govern
mcni expects to prove that Sos charges
fhc Indians. are entitled go the waie
through a continued residence neaI
fhH boadwatcrg Tor the past ten years
Tho rularusa c0lonIsts. who are snml
miles below the hoadwatCrs, expect x
prove that they have been there Sine
$780, aud are therefore the ones on
f.fled TO the use Of the water through
previous rights.
Speaking of tho matter Tularosi
resident who was in the city yester
day made the following pertinent r.
marks;
A Citizens View
Hundreds OF acres oi fertile lanl
iu the Tularosa valley. Which hereto
fore has produced four crops OF al
ialia OF Eve tons per annnm as "a
average yield lg being rendered val
uclesa by the doarth of water ius
when 10 is needed most. but the m
dlans. pets OF the government ol
the hoadwaters. are getting al thl
water they want and more too. tn,
toiloNing fact win illustrate the inius
ticc Of ihe government In the mnii
street ~ Tulnrosa stands a brand new