Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-01-13
WATER RIGHTS
FIGHT LOOMS
0NR!OGRANDE
Counc:. For Present
Districts Fail To
Find Way to Bind
WiIlacy Directors
tsrseisl to The HERALD


SAN BLNITo, Jan. l2.-The Gem
plicsted problem OF deciding Just
who has rights TO waters Of the Flo
Grsnde Valley bids fair to be put
sqpsrely up 70 the courts " the
state for an answer.
And the districts which are neg
using waters Of the river have
enough confidence i'm the outcome 20
put tseir csse before the courts, and
light 10 out.
Ihis course Of action vas an
nounced as apparently inevitable AZ
the conclusion of ! lengthy discga-
sion among attorneys here Saturday
afternoon and evening as 70 the
stand that the present districts will
teke in respect 70 new applications
for water. The application around
which the discussion at present cen
terra is that of Willscy County Con-
troll and improvement District No.
/. However, any other new districts
above Cameron county. including IN
all probability the Maverick County
Irrigation district, viii be included
in any court action or the Joint
Association Of Irrigation Districts.
I.b 10 NCt 1ftoIl
The irrigation districts ia the Val
ley have been faced MANI times in
the past with the question OF water
rights. Since there Is practically
no precedent in the way Of court de-
eislR m the matter, they have
hesitated TO 20 into the courts.
But the step probably will BE-
taken IN the near future, IN ease the
state board OF water engineers grants
the request OF Wiliacy county TO usc
Of waters OF the Rio Grandc.
The Willacy county disagreement,
II was explained tonight b. Frank
Robertson, secretary or the Joint
Association Of Irrigation Districts.
has developed because no legal means
OF making q contract agreement
between the two sections binding
has been discovered b. tho sttor-
nsys.
No Contract Binding
~ the meeting here Friday after
noon they searched statutes and
court decisions, and continued the
proceedings Saturday evening. and
on into the night Saturday. with no
success.
The situation was explained By D
member of the legal committee sone
what as follows:
The Nillacy county district, IL ii
is cTeatsds will be a municipal cor
porstion. Its rights, powers and
duties will be defined b. statute.
Any agreement between the board
Of directors Of the district and any
other individual OF district which
.urfatla IL ~swkka .~I ..-a a..
district as outlined in the statutes
Will be held void in case Of an OBJ
lection on the part Of property own
egs In the district.
II the district Is permitted to pro-
cssd with its development. put IN an
irriystion systen, and persons are
brought to the section and sold land
With water rights guaranteed to
them. and the present districts take
no set!on 20 prevent this, realixin.
at the time that here may be q
shortage Of water in the future, then
the landowners Of the district will
have an equal right 20 the waters OF
the river in the future A. the pres-
ent irrigated sections.
To Meet Again
Any action OF the present bard Of
the Wlllscy county district will not
be binding on q succeeding board,
and will not be binding on the pres
ent board at a succeeding meeting.
IL that action is contrary to the
rights and powers Of the district IS
act forth in the statutes under which
AZ was created.
Members of the legal COMMITTEES
will assemble again Monday after
roo at the water district office
here. but this meeting will be prin-
cipal!y to assemble the information
that IL 20 be brought out 81 the hear
Ing IN Austin Tuesday on the W!llscy
county district application.
The committee slrsscy has dtcid-
ed that its only course of action. n
view Of iHsbility 70 find a wsy az
making q legal agreement. is 20 con-
tinus 70 oppose the application Of
he Willaey county district.
The hearing on the Willsev dis
frict's application was set first for
January &, ard the present districts
entered . protest before that time.
the protest being entered principal
ly 20 secure time in which to at
tempt . solution Of TIE differences.
Willsey Wants Pact
Willaey ceunty residents have ex-
pressed willingness TO sign an agree
Eiept that they will use only tina
sarplus waters OF tie Rio Grands,
that Is. the water which flows 70
the cas- unused. Leaders Of the pres
ant irrigation distriets are willing.
they explained, for The Willaey pee
pie 20 use the surplus water. B1t
making an agreement 70 this effect
binding is where the trouble he's
developed.
: Another point IN connection With
the differences was brought out BY
NF. Rehartson. This is the mstssr
~ tski-S water froEi the river. Enri-
resYp fer the willacy district "a
rlained AZ Austin in the previous
hearing that ihn ai.tr.rf n-rnrnsns