Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-06-06
RIO MINBRES GO.
WINS FIRST ROUND
OF BATTLE
lively Fight on Between Ri
val Corporations for Con-
troll OF Flood Waters of
Stream in Luna County.

gspeeiAs ceFspspeaaenee q the meFnIal
Demink. y. 81. lnne o.--Tho nrst
round In The legal battle for the pos
session Of The food waters Of the
Mimbrns river was waaea last Tues
day afternoon before Judge Colin Neb-
lett al the county court house and
won by the Rio Mimbrea irrigation
company. the defendant corporation.
In suit brought by the Mlmbres VAL
ley Irrigation company. The suit was
dismissed on the grounds alleged IN
the demurrer Of the defendant that
the plaintiff failed IN its complaint to
show grounds for the action. The
plaintin waa represented BY Fred
Sherman and the defendant W Judge
b. y. Adams OF Albuquerque. Up TO
yesterday no further action had been
taken by the plaintlf, but Il In known
that further action Is planned and
probably will be taken after the re-
turn OF the plaintiffs counsel from
Albuquerque and Santa Re.
The main contention OF tho pialntifi
as set forth in the complaint seemed
20 be a priority Of right and use IN a
benencent mnnner In part the COM
pialnt reads:
"The defendant wrongfuliy ana un-
Justly. intending 10 injure or damnify
the plaintiff, threatened and proposed
to construct large ditch. TO deepen
and enlarge other bitches or canals
above the dam. bitches and canals Of
this plaintiff. and wrongfuily and I'M
justiy without leave or license and
against the viii Of the plaintiff. divert
al the Hood waters % the said MINI
bres river to and over other lands than
those of the members Of the plaintin
corporation. And by means Of said
bitches and canal prevent the How o.
the water 10 which plaintln ~ entitled
through the channel of the said Mime
bres river TO be diverted BY the dam
OF the piaintlm through the ditches
and canals belonging 10 the plaintiff
corporation and to wholly deprive
plaintiff OF the use and enjoyment OF
the waters OF the Mimbren river.
THAT the defendant never has used
any OF the floor waters OF the Mimi
bres river for the purpose ~ lrriEa-
iion. agriculture. domestic or for any
other purpose.
That for more than ave years pas, |
plaintiff by means OF dams and canals |
have diverted the flood waters Of the |
Mimbres river and have benencitliy /
used same for the purpose OF irriga-
tiop. aErieuitpre. kspnessle and other
purposes. and that " defendant a
permitted To complete the said cana,
and divert said food waters the plain
tin will be greatly aud irreparably
damaged and injured"
In conclusion the piniptin asked
that the temporary writ of Injunction
restraining the defendant from COM
pietinR the work alleged 10 have been
begun be made permanent. that the
court decree the plaintiff's right 10 ala
the food waters 81 the Mimbrcs river
and that the costs Of the action be- aa.
sessed against the defendant
In IT, answer To the complaint the
defendant alleged that the plalutln
tailed 20 state facts sufficient on which
to base cause Of action The main
objections Mere that the plaintiff did
not set forth the fact that II had ever
acquired rights 80 the food water OF
The Mimbres river In the manner re-
lulred by law; that no measurement
ri the now Of the river was shown.
that II water was not diverted 0y de-
PENDANT that II would reach the point
u diversion claimed By plaintIT: that
D limit Is placed by the law on the
amount OF water than can be used