The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-07-12

in event such application is granted
it is tae purpose n intention of sucn
owners to complete the transfer of
such properties to the applicant, and
of h applicant to accept the same;
that the amount of water owned by
the applicant and held under said con
tracts, while considerable, has never
been determined and -ascertained in
cubic feet per second or by other cal
culated measurement; that there is
apparently a sufficient mou OF wa
ter in said Bonito River at all times
during the years of average rain and
snowfall, to supply the necessities n
uses of all appropriations thereof, ex-
cept that occasionally there are years
within which there are short periods
Immediately preceding the summer
rains when the same is considerably
diminished; that it is claimed by ap
plicant that during such periods of
minimum flow there will always be
sufficient water eve though its appli-
cation should be granted, to supply
protestants and other having water
rights above Fort Stanton military re-
servation and that at such periods
none of the water which will be di-
verted by said applicant from above
would reach the ~protestants below the
Fort dStanton military reservation,
because they aIlege the same sinks
and does not re-appear in said stream
to the benefit of said protestants. The
engineer is of the opinion that 1t is
impossible without extended investiga
tons and urveys, to determine even
approximately how much water during
such dry season which sinks, reap
pears and becomes ~serviceable to
that it is also impossible, without
such Investigations and surveys, to de
termine how much of the water which
is claimed n appropriated by the
applicant and those fhom whom it has
obtained its rights, is consumed by
other uses and does not again reach
the stream so as to be ~serviceable to
any of said protestants; and it fur
tner appearing 10 the engineer that
under the above circumstances the
rights of all parties will be best pro
tected by the character of a determi-
nation here made.
1t is therefore ordered that the ap-
~plication CT said Ell ~Paso & Rock Is
land Railway Company as so made and
filed in this Office, be and the same
is hereby approved as therein con
Itained, and that said applicant be and
mission and right to change the place
and manner of diversion, conveyance
and use in the manner and way n
for the purpose as described in said
application of so much and such part
of said five 60 cubic feet per second
of the water of said Bonito River as
the applicant may require for said
uses n purposes, and of which it is
the owner. or shall become the n
of under said contracts, before the
exercise of the right to so divert and
change the place and manner of use
thereof according to the right hereby
approved. However, the same shall
not be exercised at any time to the
impairment and detriment of any of
the professionals or others having valid
claims to the use of water from said
stream by subsisting prior valid ap-
preparations of said water including
all rights to such portions of all re
turn waters of said South Fork of said
Bonito River, as said Method of pro-
posed diversion may deprive them of
Done in my office in the city of
Santa Fe, on this End day of July,
1907.
V. L. SULLIVAN,
Territorial Engineer.
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