Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-02-24
CLAIM CLAUSE
WILL PROTECT
WATER USERS
Willacy District Per-
init Provides For Di-
version of Flood Wa
ters Only

The permit 10 be granted the
Wliacy county district by the state
board of water engineers Tor the
irrigation OF l29 500 acres IN VII
lacy and Hidalgo counties will pro-
vice Tor diversion OF flood waters
only from the Rio Grande.
This was the main feature of the
report submitted Friday by A. l..
Montgomery, San Benito attorney,
to the conservation committee of
the Associated Water Districts of
Cameron and Hidalgo counties at a
called meeting at the San Benito
water office.
The irrigation districts OF the
Valley have entered into no argu-
ment with the Willacy district, the
committee was informed, and have
sought and been granted by the
state water board the privilege OF
~contesting final plans of the VIII
lacy district, should those plans. in
the opinion of irrigation engineers.
indicate that other than flood wa
tiers will be diverted.
Il am confident the board Of di-
rectors Of the Willacy district are
acting In good faith" Montgomery
said in summing up the action
taken to safeguard the interest OF
existing districts. Il believe the
irrigation interests are in better
shape than If an agreement had
been entered into, as I doubt IL
such an agreement would have been
binding"
Amend Water Permit
On the suggestion of attorneys
for the districts and with the full
consent Of representatives Of the
Willacy county district, the follow
ing clause vas incorporated in the
water permit for which the Willacy
county district has made applica-
ton:
This permit Is granted for the
appropriation and use, to the ex-
tent and in the manner and
quantities above stated. of the
flood waters of the Rio Grande
unused and that cannot be used
b~eneficially under existing rights
thereto, and that otherwise would
flow unused into the Gulf Of
Mexico"
1t was the opinion of attorneys
and engineers that this clause
would be sufficient to safeguard
the rights OF existing districts and
water users. and that the only fac
tor in which the districts now have
a primary interest is in the char
acter of the control works at the
point of diversion.
There can be and has been no
objection to the use of flood wa
ters," Montgomery said. land our
only interest Is to see that non but
flood waters are used. Representa-
tives of the Willacv district repeat
edly stated that they desired none
but the unused flood waters. and
the clause Incorporated In the per-
NIT will. / believe. confine them to
use OF flood waters only"
Amendment Could Not Bind
The San Benito attorney pointed
out that 1t was the consensus OF
irrigation attorneys that any agree
ment that might be entered into
with the present board of direc-
tors OF the Willacy district would
not be binding upon their ucces
sors. In pursuance OF this decision
the irrigation interests protested
the application for water permit.
and did not agree to any Of the
terms. attorneys stating that this
course left IL open for the irrira-
ton interests to seek relief in the
courts IL at anv time they were
convinced the willacy district was
diverting other than flood waters.
CONTINUED on page two)