Deming graphic. (Deming, N.M.) 1903-1948, 1913-06-06
BATTLE FOR M|MDRES
RIVER FLOOD WATERS
rio Mimbres irrigation Company and
Mimbres Valley irrigation
Company Claimants
FORMER WON IN FIRST ROUND
Suit Dismissed Tuesday by Judge
Mehlett Because Of Failure
10 Show Grounds

The first round in the legal battle
for the possession of the flood wa
tcrs of the Mimbres River was waged
last Tuesday afternoon before Judge
Colin Ncbcit at the county court
house and won by the Rio Mimbres
Irrigation Company, the defendant
corporation, in II suit brought by the
Mimbres Valley Irrigation Company.
The suit was dismissed on the
grounds alleged in the demurrer of
the defendant that the plaintiff failed
in lis complaint to show grounds for
action. The plaintiff was represented
by Fred Sherman and the defendant
by Judge u. +. Adams of Albuquer-
que. Up TO yesterday no further ac-
ton had been taken by the plaintiff,
but il is known that further action is
planned and probably will be taken
after the return of the plaintiff 3
counsel from Albuquerque and Santa
Fe.
THE COMPLAINT
The main contention of the plant
iff as set forth in the complaint
seemed to be a priority of right and
use in a benefcent manner. In part
the complaint reads:
"The defendant wrongfully and
unjustly, intending to injure or dam
Nifty the plaintiff, threatened and pro-
posed to construct large ditch, to
deepen and enlarge other bitches or
canals above the dam, bitches and
canals of this plaintiff, and wrong
fully and unjustly without leave or
license and against the will of the
plaintiff. divert all the flood waters
of the said Mimbres River to and
over other lands than those of the
members of the plaintiff corporation.
And by means of said bitches and
canal prevent the flow of the water
10 which plaintiff is entitled through
the channel of the said Mimbres Ri
yer To bc diverted by the dam of the
plaintiff through the bitches and ca
mails belonging to the plaintiff corpor-
alton and to wholly deprive plaintiff
of the use and enjoyment of the wa
ters Of the Mimbres River.
"That the defendant never has
used any of the flood waters of the
Mimbres River for the purpose of ir-
rig:;ion, agriculture, domestic or for
any other purpose.
THAT for more than five years
past plaintiff by means of dams
ditches and canals have diverted the
flood waters of the Mimbres River
and have beneticially used same for
the purpose of irrigation, agriculture,
domestic and other purposes, and
that il defendant is permitted to
complete the said canal and divert
said flood waters the plaintiff will
be greatly and irreparably damaged
and injured"
In conclusion the plaintiff asked
that the temporary writ of injunc-
tion restraining the defendant from
completing the work alleged to have
been begun be made permanent, that
the Court decree the plaintiffs right
10 all the flood waters Of the MINI
bres River and that the costs OF the
action be assessed against the de-
fendani.
DEMURRER TO COMPLAINT
In ITS answer to the complaint the
defendant alleged that the plaintiff
tailed to state fact sufficient on
which 10 base a cause Of action. The
main objections were that the plant
III did not set forth the fact that II
had ever acquired rights to the flood
water OF the Mimbres River IN the
manner required by law; that nc
measurement Of the flow of the river
was shown; that il water was not di-
verted by defendant that Il would
reach the point Of diversion claimed
by the plaintiff; that q limit Is placed
by law on the amount Of water tina,
can be used per acre and that plaint'
W might or might not be allowed al
The water under their alleged hold.
Ing; that the assertion Of beneficial
use is not born out by the facts; that
such diversion as alleged for Ave
N so -. -.