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

ed n watered for agricultural and
domestic purposes from the waters
of said rivers, commencing towards
the neadwater of the said river, with
the lands of Ira Robinson, and extend
ing down both banks of the Bonito
river for a distance of about thirty
five miles, which lands, they allege,
have been irrigated and cultivated
from said waters for more han thirty
five years, and hat the rights of said
parties to said water are prior to the
rights of the parties from whom the
said Railway Company has acquired
the rights under which it claims, and
also alleging that said waters of said
river become scarce as the season
advances from the spring into the
summer, to such an extent nat they,
the said protestants, are entitled to
the use of the whole Thereof, and that
at such times said protestants do not
receive sufficient water for their said
uses, and that in event the applica-
ton of said applicant is granted, such
professionals would have an inadequate
supply for their uses, and that there
fore they would be damaged by the
diversion of any of the said waters
at such period by the said applicant
under the rights which it claims, and
said protestants also having set UP
various legal objections other than
the matters of fact alleged in opposi-
ton to tne granting of said applica-
ton.
And also at the same time having
appeared James B. Cree, through his
attorney, who filed a protest against
the granting of such application, set
ting up that he is the owner of Ger
and that said Bonito river flows there
through, and that a part of said land
was irrigated by said waters for ma
ny years: that the first appropriation
of water was made on said land more
than twenty years ago, and that for
years thereafter seventy-ive acres of
said land was irrigated, and that
there is appurtenant to said land a
valid, subsisting water right owned
by such protestant, n that he has
used a part of said land for grazing
purposes, and has watered large nerds
of cattle with such waters flowing
through such lands for the past fiji
teen years during each of said years
and that his rights to such water are
prior to the rights of the parties from
whom the applicant has obtained the
rights claimed by it, and that in event
the application of such applicant is
granted, the water of said Bonito riv-
er will be lessened to such an extent
that there will be no water on the
land of said protestant during the
dry s~easons, and that he will be caus-
ed a great damage thereby, and a
protest of a general character by the
Rio Hondo Reservoir Water Users
Association.
And at the same time the said ap-
plicant having appeared through its
attorneys, and filed afidavits of var
ious parties in support of its right ia
divert said waters in accordance with
its application, and h engineer hav-
ing considered said protests and the
facts stated and reported by the pro-
t~estants, and also the other evidence
and %afidavits presented by the appli-
cant, finds and determines as follows:
THAT said applicant is a common
carrier by railroad, and that the use
of a sufficient amount of water of sale
Bonito river is necessary for the eff
Gent operation of it's trains and en-
gines and other purposes as set up in
such application, and that sucn use
is for a beneficial purpose, both to
the applicant and to the general pub
lie; that h applicant is an appropria-
tor and owner of appropriations of
the water of said Bonito River within
the meaning. of the law both by legal
title and ,by virtue of contracts from
the following named persons: Arch
Parker, j. P. Perry, G. NJ. Hughes, An
drew C. Austin, Frank F. Austin, P.
G. Peters, William Graham, Robert
c.. Dryden, Francis NJ. Crockett, John
R. Skinner, Sophia Pfngsten, Martin
May n the Eagle Mining and I'M
provement Company, and that there is
approximately three hundred and fifty
$500 acres of and cultivated by the
water appropriated from said river by
said applicant, and such parties from