Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-02
.OP|N|ON WATER
RIGHTS CASE
Territorial Engi-
neer Renders
Decision
GRANTS THE APPLICATION
Made By Railroad For Di
version of Flow of Rio
Bonito.

Appended is the opinion Of Territor-
ial Engineer V. l.. Sullivan with refer
ence to the issuance of "a permit to
the FL Paso and Rock Island Railway
Company to divert water from the
Rio Bonito for use on its locomotives
and for domestic purposes at stations
along its system in New Mexico.
The opinion is a very lengthy one
but as It Is of general interest to
persons and companies having water
rights in the Territory it is published
in full Ii follows;
The Opinion.
In the matter Of the application of
the Ell Paso & Rock Island Railway
Company to divert waters OF Bonito
River in Lincoln County, New Mexico.
And now the application Of the Ell
Paso G. Rock Island Railway Company
for permission to change the place Of
diversion of five (5) cubic feet Hof
water out of the total amount OF water
now being diverted from the Bonito
River in Lincoln County, New Mexico,
through bitches and irrigating canals
heretofore constructed and owned and
used respectively upon real estate be-
longing to parties from whom the
same has been acquired by the appli-
cant by deed or option contracts from
| the appropriations and owners thereon,
SO that instead of such amount OF
water being diverted in such form and
manner the same may by the appli-
| cant be changed from such places
where such diversions are now made,
| TO point on the South Fork OF the
Bonito River in said Lincoln County,
| to be selected when surveys therefor
asc completed; and also that the place
and manner of application and use
of said water may also be changed by
said applicant, SO that instead OF use
| thereof for agriculture and domestic
purposes, the same may be used for
| engines and trains, and for drinking
and other domestic purposes along
the line of railroad owned by said ap-
plicant, and for such purpose carried
through pipe line to said line OF
railroad, having been taken up in ac-
cordance with notice duly given to
that effect by publication in the Capt.
| tan News, newspaper of general cir
culation in the stream system of said
Bonito River. and the following per-
sons having appeared before me and
caused to be filed their protest against
the allowance of said application, to-
wit: Francisco Comes, Trinidad Gal
legos, Ramon Lujan, Lasilado Salas,
Peter Burleson, Telesforo Lopez, Pc
dro Samora, Elauterio Miribal, Teo-
doro Gambon, r. A. Duran, Henry
Lutz, Francisco Gonzales, Esequiel VI
gil, Genovevo Griego, Tranquilino
Montoya, e. w. Hubert, J. A. Talley,
Felipe Mes, Willie Fritz, Charles
Fritz, F. w. Vorweck, l.. Fl. Brad
street, T. H. Kirkland, Florencio Mira
les, Jose Chaves y Gallegos, Yjenio
Baca, Santiago Gonzales, Lasero Mon
toya, Henry Fritz, Samuel Farmer, Ro-
dolfo Montoya, Francisco Vigil, Man
uel Martinez, Sembran Vigil, Isidro
Fresquez, Crecencio Torres, Jose Ho.
limo, Enriques Mes, Jose NJ. Torres,
Lucio Montoya, Guillermo Uderos,
Francisco Samora, David Gallegos,
Juan Apodaca. Eugene G. Dow, Mica
nor Dominguez, James M. Dow, Rob-
ert Stewart, Robert Stewart, Jr., A..
l.. Hubert, Clifford Hubert, w. C..
Norman, Blanchard Brothers, Ansel.
mo Pacheco, Argon Brothers, 2. A..
Serrano, 7. w Watson, Rogue Bal
donado, Manuel Sedillo, Antonio Cha.
YES, Ramon Miribal, Romualdo Miri-
bal, Juan Miribal, Jose Gutierrez, De-
mecio Martinez, Victorfo Martinez,
Pcrtirio Chavez, Jesus Mlribal Candle
! ario Griego, Florencio Griego, Felipe
| Comes, Procopio Pacheco, Jesus Ar
chuleta Sylvester Baca, Rucevio Baca.
Gabriel Marques, ]. W. Lave, Emma
Fritz, J. e. Mundell, J, s. Parker, O.
W. Barrett, w. Fl. Hurt, Ira Robin
son, and therein represented that they
are owners or lessees of real estate In
Lincoln County, situate adjacent to
the Bonito River, which are irrigated
and watered for agricultural and do
nestle purposes from the waters of
said rivers, commencing towards the
! headwater of the said river, with the
lands of Ira Robinson. and extending
down both banks of the Bonito River
| for a distance of about thirty-flve
miles, which lands. they allege, have
been irrigated and cultivated from
said waters for more than thirty-five
years, and that the rights Of said par
ties to said water are prior to the