Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-08-04
SUSTAINS DECISION OF
TERRITORIAL ENGINEER
Board OF Water Commissioners Dis.
misses Appeal Of Pueblo de Taos
and Inhabitants Thereof.

The Territorial Board Of Water Com
missioners at its session yesterday
rendered an important decision in the
matter OF the appeal of the Pueblo de
Taos and the inhabitants thereof from
the action of the territorial engineer in
approving the application to appropri,
ate the waters Of the Rio Hondo stream
in Taos county and from the action OF
the territorial engineer in approving
the application OF the Taos Valley
Land company to appropriate water
from the Arroyo Seco in Taos county.
The decision Of the board, which is
self-explanatory, follows:
"The Taos Valley Land company
filed its application No. 1926 in the Of.
flee Of the territorial engineer on the
18th day of January, 1908, in which
It applied for the right to divert, store
and use waters of the Rio Hondo
stream in Taos county, New Mexico.
to an amount Of two and one-half sec.
ond feet fow and an aggregate amount
Of 1000 acre feet storage; and also
on the same date the said Taos Valley
Land company filed its application No.
1926 in said Office in which is applied
for the right to divert and store the
waters of Arroyo Seco in said Taos
county, to the amount of two and one
half second feet flow, and an aggregate
of one thousand acre feet storage. The
said applications were duly approved
by the territorial engineer on the 21st
day of April, 1908, after advertising
notice and hearing.
"The records of the territorial en-.
|gineer's Office do not show that any
protest whatever was filed in his Of
fice by the appellants with reference
to these two applications, except that
upon hearing before him on March
2Sth, 1908, which hearing involved the
approval Of said applications Nos. 1926
and 1876 and also another application
for the appropriation of other waters
lin Taos county, the said Pueblo de
Taos, by its attorney, A. J. Abbott,
filed in the Office of the territorial en-
|gineer an amended protest, alleging
that the construction of the reservoirs
and bitches mentioned in said appli-
cations Nos. 125 and 1876, without OBJ
lection by the said Pueblo de Taos
would tend to cloud and weaken the
title it claimed to certain land which
might be occupied and traversed by
the said reservoirs and bitches.
"This document does not appear to
have been filed within the time limit
ed by law for the filing of protests
with relation to applications Nos. 1926
land 1876.
an the notice of appeal filed in the
office of the territorial engineer on
June 10th, 1908, appellants allege nc
grounds of objection to the act of the
territorial engineer appealed from, ex
cept that said approval is against the
Interests of the appellants and unsatis
factory to them.
ut appears from the statements
made by the attorney for appellants
lat this hearing before the board, that
the only injury to the property rights
Of said appellants which might be
caused by the approval of said appli
cation would be on account of the oc
Icupation or traversing of certain lands
claimed by the appellants, il the Taos
Valley Land company should con
struct the reservoirs and bitches men
toned in their applications. It also ap
peared from the statements Of coun
sci for appellants, that they claimed
no right to the waters, by appropria
ton. from the Rio Hondo or the Arroyo
Seco.
| The board is of the opinion that the
alleged possible injury on account O
the occupation and traversing of the
lands is not proper ground for appea
or for the reversal of the decisions o.
the territorial engineer in approving
said applications, for the reason thai
the rights Of the appellants, If any ex
list, to the lands in question, are fully
protected by Section 3, Chapter 40
Laws Of 1907, which in effect pro
vides that the right to the use oflands
flor such purposes shall be acquired
either by agreement with the ownel
thereof or by condemnation proceed
Iings.
"For the foregoing reasons, the &C
ton of the territorial engineer in ap
proving said applications Nos. 1875 and
1875 is hereby confirmed and said ap
peal is ordered to be dismissed.
("Signed) CHARLES SPRINGER,
President, Board Of Water Com
}missioners."