Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1909-02-06
HINDERL|DER
WINS OUT
Case Involving La
Plata Irrigation
Project
IMPORTANT RULING MADE
Water Board Decides That
Priority of Application
Gives First Right.

The decision of the territorial
board of water commissioners in the
cause celebre. Of NJ. c. Hinderlder.
appellant VS.. Young & Norton. ct AL,
appellees, from San Juan county, was
today made public The opinion is an
exceptionally important one and was
written by Hon. Charles Springer,
member OF the board. The hearing of
the appeal was before the full board
this week.
The case involves the surplus wa
ters OF the La Plata river in San
Juan county and came up upon ap-
peal from the decision of Territorial
Enginer Vernon l.. Sullivan, who had
approved the application of Young e.
Norton for surplus waters to reclaim
5000 acres at cost of $40 per acre
to water users, the division being
based on equitable grounds rather
than priority of filing, which priority
was claimed by Hinderlider who re-
signed from the reclamation service
some time ago to devote himself to
the La Plata project and whose appli-
cation was to cover something like A.
600 acres, at cost higher per acre
than that of Young e Norton. "First
In time is first in right" is the princi-
pie that Fl. c. Allen, attorney for Hin
derlider insisted upon. A. NJ. Ed
wards, of Pennington, was attorney
for Young & Norton. The members
Of the board of water commissioners
were all present during the hearing.
namely. Hon. Charles Springer of
Cimarron Hon. Oscar C. Snow and
Colonel Venceslao Jaramillo.
The opinion holds "that the first ap-
plicant making filing in compliance
with the law should be recognized,
and if he shall subsequently comply
with the regulations and statutes. his
application should be approved, unless
the project is, in the opinion of the
engineer, menace to the public
health or safety, or unless there is no
! water available under the applica-
ton The decision of the territorial
engineer in rejecting the application
of NJ. G. Hinderlder, and in approx
ing the subsequent application of
Young & Norton, insofar as the same
includes any rights covered by the
prior application, is hereby reversed,
and the territorial engineer is directed
to approve the said application of NJ.
G.. Hinderlider.
/ Another Case Decided
In the case of f. o. Dean and ]. NJ.
! Hewes, appellants, VS.. Fred Wander
work, appellee, an appeal from the
action Of the territorial engineer, Yer
ron L. Sullivan, the board also re-
versed the engineer and ordered him
to cancel and reject the application CT
Vanderwork for the right to use the
seepage water which flowed from the
lands of J. NJ. Hewes. and spread to
the lands of E. O. Dean, the other ap-
pellant. The decision is based on the
| finding that the water sought to be
appropriated is not water that flows
in any defined channel or stream, but
spreads over the sod, following draws
or swales on the surface of the land
of Hewes and Dean and that the wa
ter is not subject to appropriation
without the consent Of the appellants
so as to deprive them of the use
thereof on their land The opinions
are of such general interest that the
New Mexican will publish them in full
next week.