Semi-weekly herald., 1909-11-22
WATER DECISION.

The following from the Pennington
Enterprise viii be of interest to wa
ter consumers throughout this dis:
trict:
On Wednesday morning at Aztec
Judge McFie handed down decision
in the Turley water case, which met
with the approval of nearly all the
people who heard the arguments of the
attorneys for the litigants. 1t was an
opinion for Furman and Burke of
Pennington, and set aside the water
appropriation in the Animas river
granted Jay Turley by Territorial En-.
gineer Sullivan. and approved by the
board OF water commissioners.
In giving his opinion In the case
Judge Merle said that under existing
conditions, he considered that Turkeys
proposition was not feasible; and that
the territorial engineer had gone be.
yond his authority in appropriating
the public waters of the stats of Colo
rado, over which he has no jurisdic-
tion.
Judge McFie said that If the Turley
ditch was constructed he could not
see why legal complications should
not arise, which would be detrimental
to the people of New Mexico who de
pended on That ditch for water, as the
ditch would be controlled by the Colo.
RADIO courts He also pointed out that
oven ii the territorial engineer had
the power 10 appropriate water the ter.
ritory officials could not prevent all
the water beng taken out of the river
the adjudication of water rights would
develop many interstate complica.
tions.
The fight of Furman and Burke has
not been to keep Turley from building
but they are willing that he should go
ahead If he can. They say they want
the country developed and will do all
they can to avoid legal entanglements
that would cause trouble for the peo-
pie. They saw that Turley had the
water tied up above the state line
and after finding this was not only
illegal but unnecessary they started
suit to have tn" appropriation by En-
gneer Sullivan set aside. Turley
(. claims to have complied with the
laws of Colorado. Furman and Burke
are willing, if this is true, that he
go ahead with his ditch under Colo
RADIO laws.
Judge McFie is very optimistic about
the future of San Juan county and is
exceedingly anxious to have this case
and the Meadows case settled and
work started on the bitches. He un-
derstood the cases would be appealed
and said he would do his part to get
them settled at the January term of
the supreme court.
If this decision is upheld in the New
Mexico supreme court; and Furman
and Burke being the applicants for the
appropriation, are allowed to go ahead
with the ditch, it is the opinion of
many who have watched the case:
that they will reclaim the land with.
in two or three years. There is about
5000 acres under the Furman and
Burke survey and great amount of
1t is government land, and all of it
is fine fruit land.
In what is known as the Meadows
case Judge McFie held that the action
Of the territorial board of water com.
missioners in reversing the action of
the territorial engineer be sustained.
This is victory for Hinderlder and
against Young-Norton and others Hin.
derlider's prior application for water
appropriation from the Laplata river
was not allowed by the engineer, who
later appropriated water to the set.
tiers in the Meadows. This was the
origin of the suit. The Meadows peo.
pie are very anxious for water and
Mr.. Hinderlider is able to build the
ditch.