El Paso herald. (El Paso, Tex.) 1901-1931, 1912-05-27

! Wright. Mrs. R Wright, John n Wyatt,
] Wyatt & Kelly.
/ Francisco YrigoIIen, Julian YrigolIen.
! Sol YrigOllen, Ysleta TOwnsite com
pany.
J c. E Zahn. A. Zambrano. Jesus Ma
( ZambranQ, Manuel ZambranO. Narciso
! ZambranO. heirs Of George B. Zimple-
/ man, T. W Zimpleman. G. York JO-
sepha G. Zuniga, Ramon Zuniga-
I John Doe, Jane Doe, Richard Roe and
/ Ellen Roe.
I And thereupOn your orator complains
and says that your orator is and at ali
/ times was a citizen Of the State Of
! Arizona and is a corporation duly in
/ cOrpOrated under the laws of said State
/ and having its principal office therein,
and that said defendants. and each and
! all of them are citizens Of the State OF
| Texas and Western District of Texas,
or of some other State than the State
] of Arizona,
2 That your orator is the Lessee Of
and holds an option to purchase GER
tain canal and irrigation system, h1tu-
ated in FL PasO County. Texas, in the
! Western District thereof. which said
canal is taken out Of the Rio Grande
at a spOint within the City of FL Paso
at and above what is known as Harris
| Mill, and runs thence in a sOutherly
| and easterly direction through said
| City of El PasO and through the valley
| of the Rio Grande below the city OF
FL PasO to a point near FabenS, In said
| County of FL PasO; That the aforesaid
canal was constructed by the FL Paso
Irrigation company, a corporation from
and through whom your orator derives
title, which said FL PasO Irrigation
company was organized and incorpo-
rated in and about the month Of July
A. D.. 1883; That the incOrpOrators OF
the said Ell PasO Irrigation company
made an appropriation Of water from
the Rio Grande amounting to Three
Hundred and Thirty-three cubic Ieer
per second flow OF the waters OF the
Rio Grande, which they afterwards
conveyed and transferred to said FL
PasO Irrigation company; That in pur-
suance Of such appropriation, said canal
was constructed and said amount OF
water from said Rio Grande was actu-
ally appropriated by said FL PasO Irri-
cation company and was by IL con-
Quoted and delivered to divers persons
owning or cultivating land in the val
ley Of the Rio Grande in FL Paso coun-
ty, and that such water was acJuaIly
appropriated to beneficial use, toWit, 10
the irrigation Of lands and the culLl-
walton of crops thereon. That the title
and rights Of the said FL Paso lrrlSa-
cation company above described, nave
passed through certain mesne convey
anceS to your orator herein Dy WnOm
said rights and title are now held IN
der lease and with an option to pur-
chase as aforesaid, and that your ora
tor is now operating said canal ana
supplying and delivering said water Tor
cultivatOrs of land in the said Rio
Grande valley in Fl PasO County, Texas
8. That heretofore, tOwit, on or
q bout the 23d day Of January, A d.
1906. the Secretary Of the Department
Of the Interior. OF the Government Of
the United States of America, filed
upon and made an appropriation IN
der the laws Of the then Territory OF
New Mexico OF Seven Hundred ana
Thirty Thousand acre feet per annum
OF water from the Rio Grande, ana
thereafter, on or about the zSth day
Of April, A D., 1908, the said Secre
tary of the Interior filed upon ana
appropriated all of the inappropriate
waters Of the Rio Grande and its trlO-
utaries for storage at and above Ele-
phante Butte in New Mexico, Wnlch
said appropriations were made under
certain acts OF the Congress OF the
United States providing for the reclaim
alton of arid lands in the western por-
tion Of the United States.
4. That on or about the seventeenth
day OF June. A D. Ninteen Hundred
legally organized and incorporated un-
der the laws OF Arizona for the pur-
pose Of enabling the members ana
shareholders thereof. being land own
ers in the Rio Grande valley in FL
PasO County. in the state OF Texas, to
avail themselves of the benefits of the
aforesaid Acts Of Congress OF the
United States. and to enable your ora
rotary OF the Department Of Interior
aforesaid for the use of the waters so
filed upon and appropriated by the said
Secretary Of the Interior. for the pur-
pose OF irrigating their lands;
3. That thereafter, tOWit on OF
about the 27th day of June, a. D., 1906,
your orator. acting by and through A
Courchesne and Felix MARTINEZ, its con-
stituted corporate authorities. duly au-
thOriZed thereuntO, entered into writ
ten contract with the Honorable Jesse I
T. Wilson. Acting Secretary Of the In
terror and to which written contract I
the Elephant Butte Water Users AssO-
citation Of New Mexico was also a /
party, whereby and wherein. the said |
Secretary Of the Interior undertook.
on behalf OF the United States OF 4
America to construct and install upon /
the Rio Grande at or near Elephant /
Butte in New Mexico a certain storage /
reservoir for the impOunding Of the I
waters Of the Rio Grande, and for the /
construction of an irrigation system !
and distributing canals for the pur-
pose OF supplying water for irrigation /
to YOUR orator Fl PasO Valley Water I
Users Association and its members and \
shareholders. and to said Elephant 4
Butte Water Users Association, It's
members and shareholders, in constd-
Grafton of the payment of certain sums
of money and the fulfillment OF Ger
tain stipulations. conditions and COW
enants on the part OF your orator ana
said Elephant Butte Water Users AssO-
citation.
6 That by virtue Of said written
agreement between your orator and
the said Secretary Of the Interior II
was stipulated. among other things,
that whereas, neither the relative
Of no .