Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-08-14
WATER RIGHT
PACT FILED

- ENN1 AM1NA $50
ing the Willacy County Water
District No. l from taking water
from the Lilo Grande in such a
manner as to prove a detriment to
the admitted prior right Of the La
Feria district or as to hinder the
La Feria district in the exercise of
that right is contained in the
agreed judgment filed Thursday in
the district court Of Judge A. M.
Kent.
The litigation between the two
districts has been closely watched
by all water Improvement district
officials in Cameron and Hidalgo
counties due to the fact that the
question Of prior rights TO the use
of waters OF the Rio Grande was
involved.
Substance OF the agreed judg-
ment entered Thursday Is as fol-
lows:
II was agreed that the La Feria
district has acquired, and now
holds, the legal and substantial
right to the reasonable use Of the
waters OF the Rio Grande for the
proper irrigation OF all lands in the
la Feria district, and that this
right is superior TO every right
which the Willacy district has to
use waters OF the Rio Grande for
irrigation OF other purposes. and to
enforce this agreement the Willacy
district is perpetualiy enjoined
from taking water from the Rio
Grande in such manner or at such
time or place as will be a detriment
TO the La Feria districts superior
right. or will prevent. delay or
hinder the La Feria district in the
exercise of its right.
1t was agreed that the Willacy
county district Is the owner Of
Water Permit No. ITO, issued BY
the state board Of water engineers:
that this permit is in full force and
effect and constitutes the only
right OF the Willacy district TO
divert water from the Rio Grande,
which right is in no event to be
exercised in such manner as to in
jure. impair or otherwise Effect The
La Feria districts superior right
to use water from the Rio Grande
for the reasonable irrigation OF all
lands Of the district.
The Willacy county district rec
ognized and admitted its legal
obligation to build. use and oper-
ate its main canal in strict &C
cordance with the terms OF Permit
lilo, and in such manner and with
such precautions as not TO cause
injury, waste, damage or destruc-
ticn TO the La Feria districts irri-
CATION system, or TO the lands OF
the district by seepage and per-
collation. Of waters from the VIII
lacy county districts canals and
bitches. and TO enforce this right.
Willacy county district is perpetu-
ally enjoined from using the canal.
leveeS, embanknents and bitches
constructed by 1t. or which may
hereafter be constructed by 1t.
along and nea. the La Feria dis
trict's western boundary, in such
manner as TO cause or permit water
to escape therefrom. through.
across, over or under lands OF the
La Feria district. in such manner
as TO seep. waterlog, salt. alkali.
damage or destroy said
land.
AS TO all issues raised BY the
pleadings in the suit as to what
would. in fact. constitute proper
and lawful use of the Willacv
county districts main canal, the La
Feria district dismissed its suit
an express agreement and IN
derstanding that the matters SO
are not adjudicated. but are
left open for future determination
by the courts. should occasion arise.
The Willacy county district
agreed that II will use its main
canal. where II is near and paral-
lei 70 any lands of the La Feria
as q transmission canal
and not as any part Of its
system: 70 operate its o.
version works with diligence al
such times as Ii may lawfully d.
vert water from the Rio Grande:
and 10 drain its main canal and
keep Il drained when not in actual
use for transmitting water from
he Rio Grande 10 its storage
reservoirs. under the terms OF per-
nit ITO.
The Willacy county district also
agreed 70 construct a projected
drainage ditch along the east side
d its main canal in such manner
hat the ditch will completely
empty itself in periods of normal
-ainfall. and the La Feria district.
md land owners within the La
district. r accorded the
privilege Of discharging their local
train bitches into this main ditch.