El Paso herald. (El Paso, Tex.) 1901-1931, 1915-05-07

at the point where the Engle dam IS being
l constructed. is now under control. and is
being by the said dam impounded and that
only such water as necessary. IN the Jucg-
q ruent Of the officials in charge, is -eleased
through the gates for irrigation purposes
{ baf5... l-anre it must appear that Of neces-
sity there can benz L-f-ceyl ated flow OF the
, Rio Graude except such flood 1,aTlss -ls.
might be discharged in such stream below
the EnEle dam
that the charges set forth in paragraph one
OF the application were computed upon
basis Of the full cost OF operation and main
teuance with 10 percent added as margin
OF safety. and that The charge OF 50 cents
uer acre has nothing whatever TO do with
operation and maintenance Under the terms
of the act OF congress emitted An act eN-
tending the period Of payment under recla-
nation projects. and for other purpose" ap-
proved Aug. IS, 1919 tSec- 81. the secretary
Of the interior is authorized to charge for
available water service only ian operation
and maintenance charge based upon the total
cost Of operation and maintenance OF the
project or each separate unit thereof
Wherefore we earnestly protest against the
imposition Of any and all charges not so
authorized by the said act OF congress. and
specifically against tine imposition OF the as
sessmeu- OF so cents per acre above
ferred 20 or any proceeding looking TO the
collection thereof
We further call the at ,ntion OF the com
mission To section Of the conditions % the
proposed application Cor water .lrvica.
wherein % Is sought TO have the applicant
latious the officers Of the service may
deem proper In this connection we do not
believe ttat the reclamation service should
attempt To demand IA ADVANCE an acQuleS-
cence IN so broad a provision and one under
which the service might demand
Quiesceuce in practically any change or
modification OF the contract which they
might desire; and that might well cause
serious conflict as between the rights CT
water users under this application and OF
water users In the same community bitches
not siEuatury thereto as determined by the
laws Of the state OF New Mexico in con-
uectiou with this the commission can readi-
ly see By a slight examination OF the COM
munity system by which these bitches are
operated that there is great liability Of con
fIct between the users Of water under this
application and those not signing IT, and Tor
this reason we believe that 10 will be praC-
tically impossible 70 enforce such contract
without the greatest friction and the posi-
bic Dissemination Of the community OF
sauizatiou
We further call the attention OF the COM
mission 10 paragraph No OF the above
mentioned application wherein the 2pp--
cant agrees TO grant a right Of way across
his premises for certain bitches therein men
toned and we suggest that, under the laws
OF the state Of New Mexico. any person de-
string a right OF way across the lands Of an
other for purposes connected with irrigl-
ton. has the right Of condemnation. which
right IS full and is very complete. and tha-
had. and the right Of entry is not q matter
Of adjudication, but question o. damages
only We believe that under this state OF
facts the applicant should not be required
to waive right given him by law. which
waiver might be- used 10 his great detrimenL
and damage and solely FOR the benefit OF a
neignhoring land owner.
we further represent TO your commission
that since the year 1905 there has been paid
to the reclamation service FOR operation and
maintenance under the Leasburs unit as
shown by vouchers on file in the office OF
the Elephant Butte Water Ucers' association
OF New Mexico. the sum Of SSS.5-5-5S. dis