Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-06

be done toward protecting the irri-
cation interests here. and whether
or not litigation should be imme-
diately instituted with the view OF
determining the relative rights be-
tween the Maverick county district.
and the districts and companies Of
the lower Valley
Law Not Clear
Mossrs. Beck and Murray. direc-
tors Of the Maverick district, were
IN San Benito last week and attend
ed your meeting. before which they
made a statement. and suggested
that their district ard the people in
their district would be willing 20
consider any reasonable agreement
between them and our interests here,
by which litigation could be avoided,
and they could proceed with the de-
velopment Of their irrigation system,
without prejudice to the rights Of
either party.
THE practice Of irrigation in
Texas or any extensive scale is Of re-
cent development. and the statute
law with respect TO irrigation Is OF
comparatively recent enactment,
much Of which remains 20 be con
strued By our courts. particularly
with respect to riparian waters.
Conditions, with respect to irriga-
ton on the Rio Grarde in a semi
"A VfH GnnesnA - Az aRNA - -
conditions peculiar TO the lands on
the Rio Grande. are such that the
common law as applied TO other
irrigated sections in this country rs
not applicable. The decisions OF our
appellate courts, with respect to the
rights of riparian owners. are not
altogether uniform, and thu law Of
riparian M is far from being
fully developed.
Litigation Expensive
1.-THE members of your committee
believe hat under the statute and
common law. as understood by them.
many OF the companies and irriga-
ton districts which have been oper-
ating in the Lower Rio Grande Val
ley have rights TO riparian waters
which have been fixed By limitation.
prescription and %estoppel. but no
n of the members feels that he
could state what those rights are.
BY the same measure. Messrs. Beck
and Murray claim that the Maverick
district and the people within its
boundaries have rights which have
been likewise fixed.
I~ItIyaflpu Uurh . v-,,fI ~
necessary to determine the r~espect-
i've rights as between the Maverick
district and its people on the one
hand, and our companies and dis
triets and their people on the 9TH
or. would necessarily be expensive
and accompanied by long delay. not
to mention the much ~rcater disad-
vantage Of delayed d~evelopmt.t
here and in Maverick county attend
ant upon such litigation.
Warns Suit Expensive
1T appears that the Maverick
county district car provide for limit
ed storage in Los Moras creek and
some kind Of a basin near the Indio
ranch, about the lower end Of their
canal. for their system. which will
tNFfN''F W EAAiAtA1HA 70 NQnnNN fn1f
district with water for short per
iods during times Of low water in
the river. MessrS. Beck and Murray
Indicated that their district wouis
be willing TO make the necessary
expenditure to provide such stor-
age
The recommendation concludes
with the suggestion hat litigation
be not resorted "a unless as a last
resort.
Frank Robertson. secretary or the
water conservation committee. and
also Of the Joint Association of IT.
rlgation Districts Of the Valley. en-
phasized the importance Of ouicE
action on this matter, declaring that
II IS n or the most important be-
fore the Valley at the present time.
He said that n meeting az the
Eagle Pass men and Valley irriga-
tion interests will probably follow
the Friday meeting here.