New Mexico State of v. Eduardo Abeyta, 6:69-cv-07896

New Mexico State of v. Eduardo Abeyta

6:69-cv-07896

D.N.M.

May 1, 2009

Check Treatment

Docket

Case Information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

CONSENT ORDER RECOGNIZING SEPARATE ACEQUIA ASSOCIATIONS, CORRECTING HYDROGRAPHIC SURVEY, AND RECOGNIZING PRIOR DECREES

THIS MATTER is before the Court on the Motion to Correct Hydrographic Survey (May 9, 2008, Docket No. 5083) ("Motion") filed by the Upper Manuel Andres Trujillo Community Ditch Association and the Lower Manuel Andres Trujillo Community Ditch Association ("Acequia Associations"). The parties to this Consent Order are the Acequia Associations and the State of New Mexico, ex rel. State Engineer ("State"). This Order incorporates the relevant provisions of the Court's Memorandum Opinion and Order (January 14, 2009, No. 5193).

The Court FINDS as follows:

The Court has jurisdiction over the parties.
This Consent Order resolves all claims of the Acequia Associations raised by the Motion.
The Upper Manuel Andres Trujillo Community Ditch Association and the Lower Manuel Andres Trujillo Community Ditch Association are also known as, respectively, the Upper Manuel Andres Trujillo Community Ditch and Lower Manuel Andres Trujillo Community Ditch.

The Upper Manuel Andres Trujillo Ditch and the Lower Manuel Andres Trujillo Ditch are separate and distinct acequias, each with their own commissions, commissioners, and mayordomos, and each providing water to separate and distinct tracts of land or subfiles.
The Acequia Associations receive water from a number of different sources as identified in the prior order entered in this cause (docket #4602) as amended (docket #5081) and share a main common point of diversion from the Arroyo Seco Stream, a tributary of the Rio Pueblo de Taos.
Those subfiles that receive water exclusively from the Upper Manuel Andres Trujillo Ditch are listed in the attached Exhibit "A."
Those subfiles that receive water exclusively from the Lower Manuel Andres Trujillo Ditch are listed in the attached Exhibit "B." ^[1]
The Rio Pueblo de Taos hydrographic survey should be amended to recognize both the Upper Manuel Andres Trujillo Ditch and the Lower Manuel Andres Trujillo Ditch and the separate and distinct subfiles that receive water from each acequia.
Orders entered in this cause for the subfiles under each Acequia Association do not indicate whether they receive water from the Upper Manuel Andres Trujillo Ditch or the Lower Manuel Andres Trujillo Ditch.
Two decrees were entered in Taos County District Court Cause No. 2638 in 1932 and 1934 which relate to this matter. Copies of said decrees are hereinafter attached as Exhibit C." Any challenge to the validity of the decrees, or action to enforce them, should be the subject of a separate proceeding in the court with original jurisdiction over such an action. [^0] [^0]: ^[1] Exhibit B also identifies subfiles which receive water from both the Juan Manuel Lucero and the Lower Manuel Andres Trujillo Ditches.

The aforesaid Motion and this Consent Order do not affect or change the points of diversion or priority dates of the acequias or subfiles irrigated by them. The Court should amend the table on p. 6 of the February 3, 2003, Memorandum Opinion and Order (No. 3102) to (a) replace the reference to the Manuel Andres Trujillo Ditch with the two ditches and their priorities: The Upper Manuel Andres Trujillo Ditch, with a priority of 1829, and the Lower Manuel Andres Trujillo Ditch, with a priority of 1829; and (b) change the reference to the combined Juan Manuel Lucero &; Manuel Andres Trujillo (Ditch) to read "Juan Manuel Lucero and Lower Manuel Andres Trujillo Ditch," with a priority of 1829 .
The changes made by this consent order constitute "clerical corrections" within the meaning of the June 7, 1995, Order of Procedures for Correcting and Amending Subfile Orders (No. 2337) ("Administrative Order").
There is no just reason to delay entry of this Consent Order as a final judgment, as between the State and the Acequia Associations.

NOW, THEREFORE, IT IS HEREBY ORDERED and ADJUDICATED that: a. The Upper Manuel Andres Trujillo Ditch and Lower Manuel Andres Trujillo Ditch shall be recognized as separate and distinct acequias and acequia associations, though they presently share a main common point of diversion. b. Those subfiles that receive water from the Upper Manuel Andres Trujillo Ditch but not the Lower Manuel Andres Trujillo Ditch are listed in the attached Exhibit "A." c. Those subfiles that receive water from the Lower Manuel Andres Trujillo Ditch but not the Upper Manuel Andres Trujillo Ditch are listed in the attached Exhibit "B."

*4 d. Map sheets 5, 6, 7, 8, 9, 10, and 16 of the Rio Pueblo de Taos Hydrographic Survey shall be amended or corrected to properly identify the Upper Manuel Andres Trujillo Ditch and the Lower Manuel Andres Trujillo Ditch. e. The subfiles under each Acequia Association shall be and hereby are amended to identify the acequia by which they receive water according to attached Exhibits "A" and "B." f. The Court hereby takes judicial notice of the two decrees entered by the State of New Mexico District Court, Taos County, Cause No. 2683, for the limited purpose of recognizing the entry of these decrees. Copies of said decrees are attached as Exhibit "C." Any challenge to the validity of the decrees, or action to enforce them, shall be the subject of a separate proceeding in the court with original jurisdiction over the action. g. The table on p. 6 of the February 3, 2003, Memorandum Opinion and Order (No. 3102) shall be amended to (1) replace the reference to the Manuel Andres Trujillo Ditch with the two ditches and their priorities: the Upper Manuel Andres Trujillo Ditch, with a priority of 1829, and the Lower Manuel Andres Trujillo Ditch, with a priority of 1929; and (2) change the reference to the combined Juan Manuel Lucero &; Manuel Andres Trujillo (Ditch) to read "Juan Manuel Lucero and Lower Manuel Andres Trujillo Ditch," with a priority of 1829. h. This Consent Order shall constitute a final judgment as between the State and the Acequia Associations, including its successors, representatives, and assigns. All other parties with standing shall be provided an opportunity to object to this Consent Order prior to entry of a final decree.

IT IS SO ORDERED.

Approved for entry:

Vietrie L. Bostin VICKIE L. GABIN SPECIAL MASTER

*6 APPROVED AND ACCEPTED BY: DEFENDANT: UPPER MANUEL ANDRES TRUJILLO DITCH ASSOCIATION

Date: $\underset{―}{M a r c h} 2009$ Date: $3 - 23 - 09$ Date: $4 - 3 - 9$

LOWER MANUEL ANDRES TRUJILLO DITCH ASSOCIATION

Date: $\underset{―}{8 - 20 - 09}$ Date: $3 - 20 - 09$ Date: $\underset{―}{3 - 20 - 09}$ Date: $3 / 20 / 09$

Fred J. Waltz, attorney for the Upper Manuel Andres Trujillo Ditch Association and the Lower Manuel Andres Trujillo Ditch Association

Date: Apule, 2009

STATE OF NEW MEXICO ex rel. STATE ENGINEER: By:

*7 Exhibit "A" Upper Manuel Andres Trujillo Subfiles

| Subfile Number | Date Filed | Docket Number | | :--: | :--: | :--: | | 5.1 | 8/10/1973 | 418.4 | | 5.2 | 4/8/1971 | 240.26 | | 6.1 | 4/8/1971 | 240.26 | | 6.2 | 6/6/1972 | 345.70 | | 6.4 | 4/8/1971 | 240.26 | | 6.5 | 6/6/1972 | 345.70 | | 6.5 A | 9/30/1974 | 584.2 | | 6.5B | 9/30/1974 | 584.4 | | 6.6 | 6/6/1972 | 345.71 | | 6.7 | 6/8/2004 | 4499 | | 7.1 | 7/18/1975 | 778.22 | | 7.1 A | 7/18/1975 | 778.20 | | 7.2 | 4/8/1971 | 240.28 | | 7.28 | 11/9/1971 | 297 | | 7.29 | 4/8/1971 | 240.48 | | 7.3 | 6/6/1972 | 345.72 | | 7.30 | 4/8/1971 | 240.50 | | 7.31 | 4/8/1971 | 240.58 | | 7.32 | 4/8/1971 | 240.44 | | 7.33 | 9/13/1973 | 425.54 | | 7.34 | 11/9/1971 | 297 | | 7.35 | 6/6/1972 | 345.79 | | 7.36 | 6/6/1972 | 345.80 | | 7.37 | 4/8/1971 | 240.60 | | 7.38 | 2/14/1974 | 460.27 | | 7.39 | 4/8/1971 | 240.62 | | 7.3A | 5/10/1971 | 250.100 | | 7.4 | 2/14/1974 | 460.27 | | 7.40 | 6/14/1971 | 260.6 | | 7.41 | 6/6/1972 | 345.79 | | 7.42 | 6/14/1971 | 260.12 | | 7.43 | 6/6/1972 | 345.81 | | 7.43A | 2/14/1974 | 460.28 | | 7.44 | 6/14/1971 | 260.8 | | 7.44A | 6/14/1971 | 260.6 | | 7.45 | 4/15/1976 | 879 | | 7.46 | 4/8/1971 | 240.64 | | 7.5 | 6/6/1972 | 345.73 | | 7.5A | 11/25/1975 | 827.24 | | 7.5B | 11/25/1975 | 827.30 | | 7.5C | 11/25/1975 | 827.28 | | 7.5D | 11/25/1975 | 827.26 | | 7.6 | 4/8/1971 | 240.30 |

*8 Exhibit "B" Lower Manuel Andres Trujillo Subfiles

| Subfile Number | Date Filed | Docket Number | | :--: | :--: | :--: | | 7.10 | 2/14/1974 | 460.25 | | 7.11 | 6/6/1972 | 345.74 | | 7.12 | 4/8/1971 | 240.40 | | 7.13 | 4/8/1971 | 240.38 | | 7.14 | 8/10/1973 | 418.6 | | 7.15 | 6/6/1972 | 345.75 | | 7.16 | 4/8/1971 | 240.36 | | 7.17 | 6/6/1972 | 345.76 | | 7.18 | 6/6/1972 | 345.77 | | 7.19 | 4/8/1971 | 240.52 | | 7.20 | 2/14/1974 | 460.26 | | 7.21 | 8/30/1971 | 273.154 | | 7.22 | 4/8/1971 | 240.54 | | 7.23 | 4/8/1971 | 240.40 | | 7.24 | 7/18/1975 | 778.18 | | 7.25 | 4/8/1971 | 240.42 | | 7.26 | 4/8/1971 | 240.56 | | 7.27 | 6/6/1972 | 345.78 | | 7.7 | 4/8/1971 | 240.40 | | 7.8 | 4/8/1971 | 240.32 | | 7.9 | 4/8/1971 | 240.34 | | 8.1 | 5/24/1978 | 1332 | | 8.10 | 10/23/2003 | 4285 | | 8.2 | 6/6/1972 | 345.82 | | 8.3 | 2/14/1974 | 460.29 | | 8.7 | 5/24/1978 | 1330 | | 8.8 | 4/26/1972 | 335.87 | | 8.9 | 10/6/2003 | 4251 | | 9.1 | 6/14/1971 | 260.10 | | 9.2 | 11/25/1975 | 827.22 | | 9.2A | 6/14/1971 | 260.16 | | 9.2B | 2/9/2004 | 4397 | | 9.3 | 6/14/1971 | 260.20 | | 9.4 | 3/25/1977 | 958.14 | | 9.5 | 9/2/1970 | 214.144 | | 9.6 | 9/15/1977 | 982.20 | | 9.7 | 6/14/1971 | 260.204 | | 9.7A | 12/19/1973 | 442.31 | | 9.8 | 3/25/1977 | 958.10 | | 10.1 | 3/25/1977 | 958.6 | | 10.1A | 3/25/1977 | 958.12 | | 10.2 | 6/19/1972 | 352.69 | | 10.2A | 7/18/1975 | 778.34 | | 10.2B* | 11/25/1975 | 827.42 |

| Subfile Number | Date Filed | Docket Number | | :-- | :-- | :-- | | 10.3 | $3 / 25 / 1977$ | 958.8 | | 10.4 | $5 / 10 / 1971$ | 250.10 | | 10.5 | $6 / 17 / 1975$ | 767 | | 10.6 | $5 / 10 / 1971$ | 250.8 | | 10.7 | $6 / 6 / 1972$ | 345.84 | | 10.8 | $5 / 10 / 1971$ | 250.10 | | 16.1* | $6 / 14 / 1971$ | 260.208 | | | | | | Subfiles receive water from both the Lower Manuel Andres | | | | Trujillo Ditch and the Juan Manuel Lucero Community Ditch | | |

*9 The Manuel Andres Trujillo ditoh, a community ditoh, Eloism T. Sianeros, Jose H. Santistevan, Jesus M. Santistevan, Pedro H. Trujillo, Laureano Harea, Telseforo Quintana, Griesiwal Quintana, Santiego Martinez,Reaon Harea, Estate of Severino Martinez and Eliseo Santistevan,

Plaintiffs,

va.

Las Golonias Ditoh, a community ditoh, Faliberto Garcia, Clara Garcia, Juan H. Fresquez, H. Fael Martinez, Aaadeo Harea, Laureano Garcia, Silas Rival, Wiotor Martinez, Andres Martinez, Samuel Martinez, Hardoquea Martinez, Pedro Valenoia, Joa Arnold, Jaosh G. Hdora, Reyes Martinez, Jose A. Lujan, Damian Haeoareñas, Niafa M. de Lujan, and Eutimio Martinez,

Defendants.

Final DEOREE

The above entitled cause came on to be heard on its final hearing on this 7th day of May, 24 D. 1932, before the Hot. H. A. Elker, Judge of the Eighth Judicial District of the State of New Mexico, sitting for the trial of causes arising under the laws of the said State of New Mexico, in and for the County of Tace, in said State, the plaintiffs being present in court by their attorney, A. A. Rivera, for Gheetham & Rivera, and the defendants being present by their attorney, Floyd W. Bautler, for Barkar, Fahy and Bautler, and the court having fully infon- ed in the premises and having heard counsel for both sides the court finds:

FINDINGS OF THE LAW.

L. That the Manuel Andres Trujillo ditoh is a community ditoh, organized and assisting under the laws of the State of New

STATE'S EXHIBIT $& l t; 10^{10} 10^{10}$ 108 $& l t; 1^{10} 10^{10} 10^{10} 10^{10}$

*10 Mexico, as a community ditoh or acequia, drawing its water from the main channel of the Arroyo Seco Creok or River in Tace County for the purpose of irrigation of agrioultural lande on the Main valley of the said Arroyo Seco creok or river and the plaintiffs, Eloise T. Sianeros, Jose M. Santistevan, Jesus M. Santistevan, Ramon Mares, Pedro R. Trujillo, Ite t te of Severino Hartinex, Laureano Mares, Miseo Santistevan, Telesforo Quintana, cristoval Quintana, and Santiago martinez, are the owners of the said acequia and legally entitled to theuse of water for irrigation from the said acequia or community ditoh. S. That the Las Colonias ditoh is a comunily ditoh organized and existing under the laws of the State of New Mexico as a community ditoh or acequia, drawing its water from the main channel of the Arroyo Seco creok or River in Tace County for the purpose of irrigation of agrioultural lande of the main valley of said Arroyo Seco creok or river, and the defendants, Paliberto Garcia, Clara Garcia, Josme Garcia, Juan N. Eresquez, Rafael martinez, Amadeo. Mares, Laureano Garcia, Silas Bival, Yiotor martinez, Andrea martinez, Samuel martinez, Mardoqueo martinez, Pedro Valencia, Joe Arnold and Jacob G. Moore are the owners and participants of the said Acequia and legally entitled to the use of water for irrigation from said Las Colonias Community ditoh or Acequia. 3. That both the plaintiff ditoh a the Manuel andres Trujillo ditoh, and the defendant, The Las Colonias ditoh, are equally entitled to the use of water for irrigation purposes as to priority or siniority and as to the amount of water used or diverted from the said Arroyo Seco creok or River from such purposes each one of said ditohea being entitled to one-half of such watera so diverted from the said stream.

*11

FINDINGS OF FACT.

As fadings of fact the Court finds that the manuel Andres Trujillo Dt toh through its regularly acting ditoh comnissioners and its regularly acting Mayordomo or Dl toh Bose and according to law and comcom usages, rules and regulations has been drawing water from the said Arroyo Saco creak or River, and applying it to a benefioinl use for domestic and agrioultural purposes upon the homes and lands of the defendantr, Eloisa T. Simaror, Jose M. Santistevan, Ratedown Marex, Jesus M. Santistevan, Pedro R. Trujillo, Laureano Mares, Telesforo Quintana, cristoval Quintana and Santiago Martinez, throph themselves and their predecessors in title and interest for over eighty years, continuously and without interruption for the irrigation of about two thousand ( 2000 ) acres of land on the main valley of the said Arroyo Saco creak or River.
That the Las Colonias Dltoh through its regularly acting ditoh comnissioners and its regularly acting mayordomo or ditoh bose and amoording to law and the comnon usages, rules and regulations, has been drawing water from the said Arroyo Saco creak or River and applying it to a benefioial use for domestic and agrioultural purposes upon thehomes and lands of the defondanta, Palibarto Garcia, Clara Garcia, Josue Garcia, Juan N. Fresquez, Bafael Martinet, Amadeo Marex, Laureano Garcia, Sallas Rivel, Miotor Martinez, Andres Hartinez, Samuel Hartinez, Mardoqueo Martinez, Pedro Melanoia, Joe Arnold and Jacob G. Moore, through themselves and their predecessors in title and interest for over thirty years continuously and without interruption for the irrigation of about two thousand (2000) acres of land on the main valley of the said Arroyo Saco creak or river.
That about ten years ago, or about the year 1922, the flood waters of the said Arroyo Saco creak destroyed the diversion dane of both ditohes which said diversion danz were loosted a short distanco from each other, and in rebuilding the said dans, by agresment between the comnissioners of both ditohes, one dan was built and the two

*12 ditches consolidated into the obanuel of the Hamel Andres Trujillo ditoh for a distance of about three hundred ( 200 ) yards at which point the two ditches divided from each other, the Las Colonias ditoh orossing the Arroyo Seco Greek to the south side of the said areek south side and the Manuel Andres Trujillo ditoh, keeping on the North side of the said areek.

NOW THEREFORE, It is ORDERED, ADJUDGED and DEGREED as follows, to-wit: ditches

That the irrigating or asequian heretofore known as the Manuel Andres Trujillo ditoh and the Las Colonias Ditoh shall hereafter be and are hereby deareed to be henceforth one community ditoh owned by and to be used for the benefit of the partim here tofore owning rights in the aforesaid. Manuel Andres Trujillo Ditoh and the Las Colonias Ditoh, and the rights of said parties in said community ditoh shall be as hereinefter specified.
That said community ditoh shall hereafter be considered as being divided into two portions, one portion thereof running on the west side of the Arroyo Seco Greek, and which said division shall be known as the Manuel Andres Trujillo division, and that the other division of said ditoh shall cross the Arroyo Seco Greek and run on the east side of the said Arroyo Seco Greek which said division shall be known as the Las Colonias division.
That hence forward all of those certain lands lying along and obtaining water by and thourah the diversion ditoh or asequia hereinbefore referred to as the Manuel Andres Trujillo ditoh, and being the land presently owned by the following named persons, both plaintiff and defendants, to-wit: Eloism T. Bianeros, Jose W. Santistevan, Eliseo Santistevan, Jesur W. Santistevan, Bason Marea, Pedro R. Trujillo, Estate of Severino Martinez, Laureano Marea, I. I. I. I. I. I. I. I. I. I. I. I. I. I., Eliseo Santistevan, Vintor-Martinez, Andres-Martinez, Manuel-Martinez, Werdnquan Martinez, and Pedro Palenotis, shall be entitled to and

*13 shall receive water from the portion hereby allotted to the owners. of land to be watered by, through and under the said Manuel Andres Trujillo ditoh; and thos certain lands lying along and obtaining water by and through the diversjom ditoh or asequim hereinbefore referred to as the Las Colonias Ditoh and being the lands presently owned by the following named: persons, to-wit: elliberto Garois, Pedro Valenzim, Hayes Hartines, Clara Garois, Jose A. Lujan, Josue Garois, 22222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222

*14 of said ditoh; and in the year 1934 and in all sucoxeding even ceIendar yeara two comnissioners shall be elected from among the people omining land under the Hanuel andres Trujillo division of said ditoh and one from among the people ominng lande under the La colomias divislom of said comunity ditoh. 7. That the waters of the said consolidated ditoh shell beequally divided between the mo divisions of said consolidated ditoh at all timea when there is an abundancs of water, and whenever, in the openion of the ditoh comnissioners the water has becone so low that a division of the water is not advisable, the said ditoh comnissioners shall perait the whole volume of water to run on one division at a time and equally divide the time so that the whole volume of water shall run not more than three and one-half days at a time on the same division of the ditoh for an equal length of time. 8. That the said Jacob Hoore and Joe Arnold shall be allowed to divert water into their lmteral ditohes at such time and in such anounts and in such manner as the mayordomo from the Hanuel andres Trujillo Divislom, may presoribe, and said partime whall at all timea receive water under the division thereof running to the Hanuel andres Trujillo D1VISION. 9. That the omers of land under the Hamel Andres Trujillo division of said consolidated ditoh shell eleat one mayordomo or ditoh boss who shall, in the manner now provided by law, manage and control the said division of said consolidated ditoh and no more, and likewise the owners of land under the Laa Golomias division of said consolidated ditoh shell eleat one mayordomo or ditoh boss who shall, in the manner now provided by law, manage and control said division of said consolidated' ditoh, and no more, but neither one of the said mayordomo: shall have any right to interfere in or with the division of the water at the gate where the two divisions separate. (1)

*15

That at any time when th said Arroyo Seco Creok shall become dry and there shall be no water in said ditch, any land owner on either division of said consolidated ditch may procure or obtain a water concession or ausilia from the Arroyo Seco ditch, from the Rebaloe ditch or from any other source an shall have the right to run his water through the channel of the consolidated ditch into the corresponding division of said consolidated ditch where the land is located, but he shall give notice that he expects to use the ditch to the mayordomo, at least 48 hours prior to such use, and no person shall interfere with the running of swh water during the time that said ausilia or water concession shall last, but no person shall so use such ditch for more than forty-eight (48) hours at a time in preference to any other land owner who may also desire to use the said ditch for a like purpose.
That at such time as the water shall be divided in the manner as in the sixth paragraph hereof prescribed, the mayordomos shall, at such time make such division from the division box of said ditches.
It is further ordered that each of the parties hereto shall pay their own costs of suit herein.

Done in open court at Tros, New Mexico, this 7th day of May, A. D. 1932 ..

*16

STATE OF NEW LEXICO ) : ss. IN THE DISTRICT COURT. COUNTY OF TAOS

The Manuel andres Trujillo Ditch, a Community Ditch, Aloisa T. Sisneros, Jose L. Sentistevan, Jesus M. Santistevan, Pedro M. Trujillo, Laureano Mares, Telesforo quintena, Cristobal Quintana, Santiago Martinez, Menon Mares, Astate of Severino Martinez, and Eliseo Santistevan, Clodoveo Mares,

Plaintiffs. vs. No. 2638.

Las Colonias Ditch, a Community Ditch, Feliberto Garcia, Clara Garcia, Juan N. Fresquez, Rafael Lartinez, Aunãeo Hcres, Laureano Garcia, Sllas Rivel, Victor Lartinez, nnáres Lartinez, Samuel Martinez, Hardoqueo Martinez, Pedro Valencia, Joe arnold, Jacob G. Hoore, Reyes Lartinez, Jose i. Lujan, Demian Lascarenas, Nimfa M. Lujan, and zutimio Lartinez, Josue Garcia,

Defendants.

FINAL DECREE.

The above entitle d cause came on to we heard on its final hearing on this $\frac{1}{2} \frac{day of}{p}$ and $\frac{1}{2}$ the, $\frac{1}{2} \frac{D.}{}$ 1934, before the Honorable Livingston N. Taylor, Judge of the Eighth Judicial District of the State of New Mexico, sitting for the trial of causes arising under the laws of the said State of New Mexico, in and for the County of Tass, in said State, tle plaintiffs being present in court by their attorneys, Kiker &; Fernandez, and the defendants being present by their attorney, Floyd W. Beutler, and the Court having been fully informed in the premises and having heard counsel for both sides, the Court finds: Find

As findings of fact the Court finds that the Manuel Andres Trujillo Ditch, through its regularly acting ditch commissioners and its regularly acting Mayordomo or Ditch Boss, and according to law and common usages, rules and regulations, has been drawing water from the said Arroyo Seco Creek or River, and applying it to a beneficial use for domestic and agricultural purposes upon the homes and lands of the plaintiffs, Eloisa T.

*17 Sisheros, Jose L. Santistevan, Clodoveo Mares, Jesus M. Santistevan, Pedro R. Trujillo, Laureano Nares, L'elusforo Quintana, Cristobal Quintana, Santiago Martinez, Eliseo Santistevan and Lstate of Severino Martinez, through themselves and their predecessors in title and interest, for over elghty years, contine uously and without interruption, for the irrigation of about two thousand (2000) acres of land on the main valley of the said Arroyo Sevo Creek or River, and below the division line known as the Gallegos line or lindero. 2. That the Las Colonias iltch, through its regularly acting ditch com_issioners, and its regularly acting Layordomo or Ditch Boss, and according to law and the common usages, rules and regulations, has been drawing water from the said Arroyo Seco Creek or River and applying it to a beneficial use for domestic and agricultural purposes upon the homes and lands of the defendants, Feliberto Garcia, Clara Garcia, Josue Garcia, Juan N. Fresquez, Rafael Lartinez, mandeo Lares, Laureano Garcia, Silas Rival, Victor Martinez, andres Lartinez, Samuel Lartinez, Lardoqueo Martinez, Pedro Valencia, Joe Arnold, Jacob C. Moore, Reyes Martinez, Jose A. Lujan, Damien Mascerenas, Nimfa M. Lujan, and Eutimio Martinez, through themselves and their predecessors in title and interest, for over thirty years continuously and without interruption, for the irrigation of about two thousand (2000) acres of land on the main valley of the said arroyo seco or River, and above the diversion line known as the Gellegos line or lindero. 3. That about ten years ago, or about the year 1922, the flood waters of the said arroyo seco Creek destroyed the diversion dams of both ditches, which said diversion dams were located a short distance from each other, and in rebuilding the said dams by agreement between the commissioners of both ditches, one dam was built and the two ditches consolidated into the channel of the Manuel andres Trujillo Ditch for a distance of about three hundred (300) yards, more or less, at which point the two ditches divide from

*18

each other, the Las Colonias Ditch crossing the Arroyo Seco Creek to the south side of the said creek and the Hianuel andres Trujillo Ditch, keeping on the north side of said creek.

CONCLUSIONS OF LAW.

That the manuel andres Trujillo Ditch is a community ditch, organized and existing under the laws of the State of New Mexico, as a community ditch or acequia, drawing its waters from the main channel of the arroyo Seco Creek or River in Teos County, for the purpose of irrigation of agricultural lands on the main valley of the said arroyo Seco Ureek or River, and below the division line known as the Gellegos line, or lindero, and the plaintiffs, Hloisa T. Sisneros, Jose H. Santisteven, Jesus M. Santisteven, Hamon Lares, Pedro R. Trujillo, Latate of Severino Lartinez, Laureano Lares, Eliseo Pantisteven, Selesforo Quintana, Cristobal yuintena, Santiago Lartinez and Clodoveo Nares, are the owners of the said acequia and legally entitled to the use of water for irrigation from the said acequia or comunity ditch.
That the las Colonias Hitch is a community ditch, organized and existing under the lars of the state of iier Lexico as a comunity ditch or acequia, drawing its water from the main channel of the arroyo Seco Creek or River in Teos County for the purpose of irrigation of agricultural lands of the main valley of said arroyo Seco Creek or River, and above what is known as the Gellegos Line, or Gellegos Lindero, and the defendants, Feliberto Garcia, Clara Garcia, Josue Garcia, Juan N. Fresquez, Rafael Lartinez, Amadeo Lares, Laureano Garcia, Silas Rival, Victor Lartinez, Andres Martinez, Samuel Martinez, Mardoqueo Martinez, Pedro Valencia, Joe Arnold, Jacob C. Moore, Hayes Lartinez, Jose A. Lujan, Damian Mascarenas, Nimfa M. Lujan, and Eutimio Martinez, are the owners and participants of the said acequia, and legally entitled to the use of water for irrigation from said Las Colonias' Community Ditch or Acequia.
That both the plaintiff ditch, The Hianuel Andres Trujillo Hitch, and the defendant, The Las Colonias Ditch, are equally

*19 entitled to the use of water for irrigation purposes as to priority or seniority, and as to the amount of water used or diverted from the said Arroyo Seco Creek or River, for such purposes each of said ditches being entitled to one-half of such waters so diverted from the said stream. -

IT IS THERLFORE ORDWRED, ADJUDGED AND DECHEED that the plaintiffs, as the Manuel Andres Trujillo Ditch, are entitled to one-half of the waters diverted from the arroyo Seco through the common diversion dam and headgate of the Manuel Andres Trujillo Community Ditch and the Las Colonias Community Ditch, for the irrigation of their lands situated below the division line known as the Gallegos line, or lindero, in the arroyo Seco Valley; and that the defendants, as the Las Colonias Community Ditch, are entitled to one-half of the waters diverted from the Arroyo Seco through the diversion dam and headgate of the said manuel andres Trujillo Community Ditch and the Las Colonias Community Ditch, for the irrigation of their lands situated above the division line known as the Gallegos Line, or lindero, in the arroyo Seco Valley.

That plaintiffs and defendants, and their successors in title, shall contribute equally to the cleaning and maintenance of the common portion of said ditches, that is to say, from the point of diversion to the point of division of said community ditches.

That the use of said water shall be divided in the following manner, to-wit: The defendants shall have the uninterrupted use of all the water for the irrigation of their lands, situated above the Gallegos Line, or lindero, through the common diversion works and the Las Colonias Ditch, from twelve o'clock noon on each and every Sunday, until the hour of six o'clock in the evening of the following Wednesday; and the plaintiffs shall have the uninterrupted flow and use of all the water for the

*20 Lindero, through the cosion diversion works and the ianuel andres Trujillo wich, frea six o'clock in the morning of each and every Thursday until the hour of twelve o'clock noon the following wundry; and that each of acid Conunity witches shall hive the uninterrupted flow and use of all of the water on alternate reels for the period from six o'clock p. m. Wednesday to six o'clock, 2. 1. Thursday, thet is to say, the plaintiffs shell have the use of the water during said twelve-hour period one reek, and the uefenents sizll have the use of the water duing said twelve-hour period the following weel; an. that for such portions of land belonging to defenents as lie below the i.tnuel anares witch, but above seid billegos line, or lindero, and which are entitled to water from the Les Colonies witch, the defenient owners thereof shell have the sivile e of utilizing the i.nuel anares Trujillo witch, as a lsterel to convey their said water to their lents during the period of time, and from the waters allotted to the uefenents, pro- viled they sizell e. . ist in the cleaning and maintenance of that portion of the ienuel andres Trujillo bitch, in proportion to their irrigated acreage served through the same.

IT IS FURGELR ORD L ED tha. at the beginning of each irrigation season, in sterling the alternate rotation of irrigation as betieen the plaintiff comunity ditch end the defenient community ditch, the plaintiff com unity ditch shall have the first three days of irrigation, as above provided, and the first iednesaey night period, and,

IT IS FURGELR ORDEPED that during the period when plaintiffs shell be irrigeting in their turn, as above provided, they may use the arroyo beoo Creek to distribute waters through laterals below the diversion point of the main ditch, and defenients shall in no way interfere with any of the water in the erreek, but all of the same shall be under the full control of the plaintiff's Leyordomo, it being understood that all of said waters, whether diverted

*21 into the main ditch, or permitted to run down the arroyo Seco to the laterals, is, during such period, the exclusive property of plaintiffs as if the same had been diverted at the dam; and, likewise, during the period when defenwants shall be irrigeting in their turn, as above provided, they may use the arroyo beco Greek to ulstribute waters through laterals below the diversion point of the main ditch, and plaintiffs shall in no way interfere with any of the water in the creek, but all of the same shall we under the full control of the defendants' Layordomo, it being understood that all of seid waters, whether diverted into the main ditch, or permitted to run uorn the arroyo beco to the laterals, is, during such period, the exclusive property of defendants as if the se:se hea ween diverted at the dam.

In Is 111:1:1 CRUHED, ALJUDED AD UYRID that the plaintiffs and each of them be, and tley are heieby, enjoined from in any way interfering with the use of the waters allotted to defendants in the manner and at the times above specified; and that defendants likewise be and they are heieby enjoined from in any way interfering with the use of the waters allotted to plaintiffs in the manner and at the times above specified.

IT Is FURYER ORDERED that a certified copy of this decree be served on each of the commissioners of seid ditches, and on each of the mayordomos, now acting and charged with the duty of apportioning and uistributing seid eaters.

Done this 13 day of 04:4, 1934.

NOTES

Notes

I carely that the is a two sory of a document in the country of the last fourth of the 19th century.