El Paso herald. (El Paso, Tex.) 1901-1931, 1918-05-21
WILL SEIZE NO
RUIDO50 WATER
Southwestern Railroad Co.
Makes Plain It's
Intentions.

A letter from ". A. Hawkins. gem
eral attorney for the FL Paso & South
western railroad, relative TO the posi-
ton Of that eomrany anent its recent
appropriation OF waters Of the Ruido-
so river in Lincoln county. n. ~. has
been furnished The Herald for publi-
cation by DR.. S. NJ Johnson in order
that misrepresentation concerning the
water situation on the RuidOsO
stream may be cleared up.
Last Saturday DR.. Johnson. Who
owns one II the Oldest water rights
on the EuIdoso. called on judge Haw-
kins and asked for a statement Of
what had been done and what was
proposed The appended statement
was given and with 10 was given per-
mission 10 give &c publicity.
DIT. Johnson states that the govern
ment has already recognized the i'm
portance OF the Ruidoso valley from
also recognized the relation OF that
watershed to the entire Pecos valley
by establishing at the head Of the
Honc0 drainage system the Lincoln ma
ional forest hence he does not think
that the government will do any
undertaken 70 conserve and develop;
and that any future action win be. OF
necessity, in the interest and not 20
the detrimeut OF what is known to be
one OF the fairest and most fertile re-
gions OF the southwest"
Railroads Position.
The letter OF Judge Hawkins fol-
lows.
'Replying to your request for in
FORMATION concerning the right de-
sired by the railway company to d.
vert waters from the north fork OF
the Ruidoso and the action taken 20
secure the same, / beg 10 say that /
appreciate your courtesy and fairness
in requesting such Information and
your confidence that I would give.
same TO you fairly and accurately
Last December, due TO the Ions
drOuth. the waters available to the
railroad company from the south fork
OF the Bouito and Eagle creek had
ito such an extent thar
they would not supply the daily de-
mands OF the cOmpaus . engines
while the waters in the reservoir had
shrunk until IL appeared that there
was not a 80 days supply in sight, I
and. as precautionary measure. and /
for use only in the even IL became alb ]
solutely necessary in order TO keep the I
road moving, the permission Of the
secretary OF the interior was sought I
and obtained to lay a pipe line from a Z
point on the north fork OF the Ruidoso ]
across the divide between that stream /
and the headwaters Of Eagle creek. I
30 that il 10 was found necessary, and 4
an ARRANGEMENT could be made with
The water owners, water could be d.
yerted from the north fork Of the
8uidOsO into EaEle creek. which. by
lowing down the same would reach 4
he company's pipe line extending
rom the reservoir and so supply the
,ompany's locomotives.
Only As An Emergency.
The permission so sought and OBJ
aimed was for temporary use only in
he event there was such an emery
'ncys and was TO be under the con-
rol OF the interior department. the
lipe line to be taken up whenever it
vas so ordered There was no right
ought 20 divert any water, but only
o lay down the pipe line
1T was realized from the first that
he settlers had full control OF these
waters and the government could not
rant any right to these waters. even
Z it desired.
THAT was in the month Of January.
nd IL was considered that the
ettiers could not need the waters be-
ore March 11t. and that before there
vas any diversion Of sue. waters an
arrangement would be entered into
With the settlers, and for that pur-
ose 10 was planned. II IL was neces-
airy 70 use the water. TO ask the set
lers to assemble and meet US. or 70
o so by a committee and the COM
any expected that it would have TO
compensate the settlers for all dam
&c by such diversion OF water and
was to be arranged TO have the
attlers' agent in charge OF any di-
ersion which might be agreed 70. II
'as not deemed necessary or advls-
bic. however to confer with the
sttlers in the mat er unless IL was
ecessary to divert the water.
Not r-ecessnry At Present.
Permission was granted during the Z
rst part Of January but within a
eek thereafter a snow fell on the
onto and Eagle creek. which the
engagement hoped would tide over
Re necessity OF diverting any water
ON the north fork Of the Ruidoso
nd therefore the permit from the in
rior department has never been eX- I
'cised and therefore IL has never
IN found necessary to arrange Tor
~ diversion and the pipe necessary
IT such construction, which VIII be
bout one and one half miles I'm l
myth. has never been purchased by
e company and the management 6
is hoped 20 the present time that