Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-09-27
LIST OF SUPREME
COURT DECISIONS

The following decisions have been
handed down by the supreme court OF
New Mexico at Santa Re, as reported
by the clerk:
State of New Mexico, ex rel, w.
Golf Black, appellee, No 226l, VS.. the
Aztec Ditch company ct al. appel
lants. San Juan county
Relator filed an application for an
alternative writ of mandamus against
the above named respondents, and in
said application alleged that the cor
poration respondent was a community
ditch, organized and existing under
the laws of the state of New Mexico.
That the individuals named we're the
commissioners of such community
ditch system. The alternative manda-
mus was issued, respondents answer
ing admitting that relator was o.
shareholder in the respondents com
pany and the owner of land described
in the petition; the court after hear
ing evidence, entered judgment max
ing the alternative writ peremptory
and permanent, requiring the COM
missioners to levy equal and proper
tionate assessments for the mainte-
nance and repair of the ditch upon
all consumers In proportion 10 the
land irrigated, and requiring all to
contribute for the maintenance and
report of the entire ditch; to give 10
relator his proper proportion OF the
water in the ditch as his share or IN
terest bore to the total interest or
shares; to install and maintain proper
headgates and spillways and to cease
permitting water to which consumers
were entitled, from going to waste; TO
hold meetings as required by law
keep proper records, etc. To review
this judgent this appeal is prosecuted.
Judgment of the court below, az
firmed.
/. In an action of mandamus to
require officers of community often
TO give to relator a specified portion
of the waters carried by the ditch,
the rights and priorities of the con-
sumers cannot be adjudicated, and the
Individual water users are not neces-
sary or proper parties to the suit. II
the rights of the consumers have not
been adjudicated or fixed by agree
ment or contract, and are undeter-
mined and unknown, mandamus Will
not lie, but the parties must first Sc
cure an adjudication of the rights of
the consumers or water users.
g. Where it appears from the appli-
cation for the writ that the rights
have been fixed by contract and such
rights are known and, determined. and
the answer Of the respondents admits
such facts the writ is properly
granted, compelling the commission
ers to give the relator the water TO
which he is entitled.
g. The rights # Individual water
users cannot be impaired in an action
to which they are not made parties
and given their day in court.
4. community acequias are public
acequias within the meaning of sec
ton 5731, code 1915.
:. Section 5744, $3.50, 1858 and
5763. code 1915. construed Held that
under these sections 1t is the duty OF
the owner of land irrigated by water
through community acequia, to
labor on the ditch in the maintenance
and repair thereof in proportion to
the land irrigated: and It is the duty
of all owners of land under such
ditch to assist in the maintenance and
repair of the entire ditch: that by
law of such community corporation
which requires all water users under
such a ditch system to contribute to-
wards the repair of the ditch In man
ner other than that provided by
statute is null and void.
6. A bylaw OF private corpora
ton, or an ordinance adopted by a
municipal corporation in order to be
valid must be consistent with the law
OF the land, and bylaw or ordinance