El Paso herald. (El Paso, Tex.) 1901-1931, 1911-09-13
SACRAMENTO MOUNTAIN WATER
IS ALL IN LITIGATION NOW

now knOwn-a as FreSna1 creek, had and
now has certain tributaries known as
creek, North Fresnal creek and the
right and left hand branches of La
Luz creek, all of which tributaries
rise in elevations Of the Sacramento
easterly and northeasterly from the
town of La Luz; that the waters OF
said creeks have their origin in the
SHOWS and rains which fall upon such
elevations and either run off on the
surface thereof or partly on the sur
face and partly underground, occa-
sionally coming to the surface and
flowing for short distances and again
sir',ing, but finally uniting and form
ing such Fresnal creek within a short
distance Of the town of La Luz, and
which such Fresnal creek near such
town Of La Luz energies on to the
plains or level elevations which bor
der suoh mountains; that each Of
such tributaries as rule throughout
its course has steep banks which rise
abruptly from the level over which
such tributary flows, leaving the space
between such banks narrow, except
that at places suoh steep banks re-
treat farther back from the bed of
the canyons in which such streams
of greater width, but plaintiff states
and charges that all OF the space be-
tween such banks practically IS wa
terway and constitutes water chan
therein, which stream, Or portion or
the water of which is frequently and
for long intervals hidden by deposits
which wholly cover the same over and
break out at various places and again
sink much of the same finally flow
ing into such Fresnal creek as afore-
said, but much of the same, as plain
tiff believes and so charges the fact
to be- being prevented from flowing
into such creek by mineral and vege-
table formations and other causes.
which interfere Herewith, causing the
same to sink into the broken forma-
ton which underlies such canyons and
to be entirely lost for all purposes,
and that nearly all of which waters so
lost as aforesaid, SO plaintiff is in
formed and charges the fact to be, by
the expenditure of very small amounts,
could either be raised to the surface,
or If raised naturally, be prevented
from sinking again and so wasted,
and could be brought into Fresnal
creek, where the same would be OF
great benefit and use, or could be
expense by the defendants in owner
ship of the lands upon which the same
are situated, and that in such way the
Development of that section OF the
and conflicts hereinafter referred to
between plaintiff and defendants, with
reference to the waters of such creek.
very largely if not entirely avoided
Prior Ownership Claimed.
THAT at the time of the acquire
ment by plaintiff and the commence
ment of its work Of developing the
real estate which 1T acquired as afore-
said, said Fresnal creek was peren-
NAL flowing stream, all of the waters
of which had long since been appro-
priated by and were then being used
and enjoyed by the La Luz Irrigating
and Improvement company. corpora
ton, and by the stockholders thereof.
together with certain inhabitants OF
the town of La Luz whose rights by
were prior to the rights of all other
persons thereto, such La Luz Irrigat-
ing and Improvement company and
it's stockholders claiming and owning
all of the same except inches
thereof which were owned and
claimed by the inhabitants of said
town of La Luz, and both said inhabi-
tants of the town of La Luz and the
said La Luz Irrigating and Improve
ment company and it's stockholders
continuously and beneficialqy used and
enjoyed the same for purposes of irrf-
cation. domestic supply. and other
beneficial purposes, that portion Of
said water so owned and claimed by
the Inhabitants of La Luz as afore-
said being used within said town of
La Luz and that portion of said water
being claimed by the La Luz Irrigat-
King and Improvement company and its
stockholders being used both within
the said town of La Luz and outside
thereof bv claimants thereto, and that
between the said inhabitants of La Luz
as aforesaid and this plaintiff, all of
the waters of said Fresnal creek were
SO beneficial1y enjoyed and used, the
same bein~ diverted by a ditch situated
shortly above the mouth Of said Fres-
nal canyon. and which was owned
and permanently maintained by said
La Luz 1rigating and Improvement
company and its stockholders.
Sale Of Irrigation Company.
Plaintiff further alleges that at
or about the time it acquired such
real estate and commenced the i'm
provement thereof, as above men
toned, it also purchased and acquired
from the owners thereof all of the
stock of the said La Luz Irrigating
and Improvement company, and all of
the rights of all of the stockholders
in and to the waters thereof and of
all the lands of all such stockholders
upon which such waters had previous
~ been used and enjoyed, which said
purchases were made at a cost of $50
600 by this plaintiff with the view
and intent of conducting such waters
from the place where the same were
then being beneficially used through
the lands aforesaid which the plain
tiff had acquired to the townsite of
Alamogordo. and in the vicinity there.
of and there used by plaintiff and also
sold and DISPOSED of to others to be