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


ing the Willacy County Water
District No. ! 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 or
that right is contained in the
agreed judgment filed Thursday in
the district court OF Judge "A. M.
Kent.
The litigation between the tive
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 or other purposes, and 10
enforce this agreement the Willacy
district Is perpetually enjoined
from taking water from the Rio
Grande In such name or at such
time or place Is will be a detriment
10 the La Feria districts superior
right. OF will prevent, delay or
hinder the La Feria district in the
exercise OF its right.
II 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 10
divert water from the Rio Grande,
which right is in no event to be
exercised in such as TO in
iure, impair Or otherwise fleet the
La Feria districts superior right
70 use water from the Rio Grande
for the reasonable irrigation OF ali
lands Of the district.
The Willacy county district rec
ognized and admitted its legal
to build. use and oper-
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
waste, damage or destruc-
ton 70 the La Feria districts irri-
cation system. or To the ,ands OF
the district by seepage and per-
collation. OF waters from the will
county districts canals and
and 10 enforce this right,
Willacy county district Is perpetu-
ally enjoined from using the canal.
.evees. embellishments and bitches
constructed BY II, or which NAV
hereafter be constructed BY Id.
along and nes- the La Feria dis
western boundary. in such
manner as to cause or permit water
o escape therefrom. through.
across. over or under lands or the
Ia Feria district. in such manner
70 seep. waterlog, salt. alkali.
njure, damage or destroy said
and.
AS to all issues raised by the
'leadings in the suit as to what
in fact. constitute proper
lawful use OF the Wiiiacy
.ounty districts main canal. the La
'eria district dismissed its suit
NTH an express agreement and I'M
Outstanding that the matters 81
aised are not adjudicated. but are
IT open for future determination
" the courts, should occasion arise.
The Willacy county district
greed that 1t will use its main
anal, where ii Is near and paral-
to any lands OF the La Feria
as a transmission canal
MY. and not as any part or its
forage SYSTEM; TO operate its a.
ersion works with diligence at
UGH times as 1t may lawfully d.
water from the Rio Grande.
nd 10 drain its main canal and
eep IL drained when not in actual
Sc for transmitting water from
re Rio Grande to its storage
eservoirs, under the terms Of per-
lit ITO.
The Willacy county district also
greed to construct a projected
rainage ditch along the east side
I its main canal In such manner
hat the ditch will completely
npty itself in periods Of normal
ainfall. and the La Feria district.
nj land owrers within the ia
e-'a district. are accorded the
Of discharging their local
rain bitches into this main ditch.