Tomas Gutierres v. Albuquerque Land Irrigation Company
Decision Date | 23 February 1903 |
Docket Number | No. 16,16 |
Citation | 188 U.S. 545,47 L.Ed. 588,23 S.Ct. 338 |
Parties | TOMAS C. GUTIERRES et al., Appts. , v. ALBUQUERQUE LAND & IRRIGATION COMPANY |
Court | U.S. Supreme Court |
This litigation was begun by the appellee, in the district court for the second judicial district of the territory of New Mexico, within and for the county of Bernalillo. In the bill of complaint, equitable relief was sought against the now appellants. It was alleged, in substance, that plaintiff, on December 31, 1897, became a body corporate, pursuant to the provisions of an act of the general assembly of the territory of New Mexico, approved February 24, 1887, for the purpose of constructing a canal, ditch, and pipe line between named points in the county of Bernalillo, in the territory of New Mexico; that, as preliminary to the construction of such canal, ditch, and pipe line, a survey of lands along the proposed route thereof was necessary, and such survey was authorized by law; and that the defendants, asserting ownership of lands along such proposed route, had forcibly prevented the employees of the plaintiff from entering on said lands to make survey thereof. It was prayed that temporarily, pending the suit, and perpetually by the final decree, the defendants might be enjoined from further interference with the making of the survey, and there was also a prayer for general relief. In Their answer the defendants admitted their interferences with the proposed survey, as complained of in the bill, but asserted their right to do so. Reiterating the allegations of the answer, by cross complaint, a perpetual injunction was asked restraining entry by the plaintiff upon the lands. An order was issued temporarily restraining the defendants, as prayed, and thereafter a demurrer to the answer and cross complaint of the defendant was filed and overruled. After replication by the respective parties the cause was transferred to the district court of the first judicial district and for the county of Santa F e. In that and for the county of Santa Fe. In that court trial was had and judgment was entered in favor of the plaintiff, perpetuating the preliminary injunction and dismissing the cross complaint of the defendants. The following findings of fact and conclusions of law were embodied in the judgment:
'Findings of Fact.
'I. That the plaintiff is a corporation and has complied with the provisions of the laws of the territory of New Mexico. It is organized for the purpose of constructing a canal from a point on the Rio Grande about 28 miles above the city of Albuquerque to the railroad bridge across said Rio Grande, at Isleta, the initial and terminal points of said canal being within the county of Bernalillo.
'II. That the headgate of plaintiff's proposed canal is to be at a point on the Rio Grande three eighths (3/8) of a mile below or south of the Indian village of San Felipe, about 28 miles above the city of Albuquerque; that the ultimate terminus or point of discharge into the river is at the railroad bridge near Isleta, the entire length of the canal to be about thirty-five (35) miles. The present proposed terminus is at the city of Albuquerque.
'III. That the engineer of the company was proceeding with a survey of the line between Albuquerque and the headgate when defendants interfered with and obstructed the said engineer in the making of said survey.
'IV. That the capacity of the said proposed canal is two hundred and ten (210) cubic feet of water per second.
'V. That there are at present thirteen ditches taking water from the river between the proposed headgate of plaintiff's canal and Albuquerque, and seven between Albuquerque and the Indian town of Isleta.
'VI. That the aggregate capacity of all the said old ditches is four hundred and ninety-eight (498) cubic feet per second, and the court finds that there has been a valid prior appropriation by the owners of said old ditches of the said four hundred and ninety-eight (498) feet per second of water.
'VII. That during a few months or parts of the summer months of the years 1894, 1895, 1896, and 1897 there was no surplus water flowing in the river at the proposed headgate, but during a large majority of the months of each of these years there was a large amount of surplus water flowing past that point, and that those years were the only years within ten or twenty years in which the river was dry at or above Albuquerque.
'VIII. That in a majority of the last ten years there has been surplus water flowing in the said river at the proposed headgate at all times.
'IX. That the river became dry at Albuquerque about the last of June, 1894, and remained so for twenty-two days, and also in June, 1896, for a number of days, the court being unable to find the exact number or length of time from the evidence.
'X. That the months of June, July, August, and September are the 'dry season.'
'Conclusions of Law.
A motion to set aside the findings and judgment and for a new trial having been overruled, the cause was taken to the supreme court of the territory. That court affirmed the judgment of the trial court and adopted as its own the findings of fact made by the judge of the district court. Thereupon this appeal was allowed.
Mr. Neill B. Field for appellants.
Mr. William B. Childers for appellee.
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:
The pertinent portions of the territorial act of February 24, 1887, under which the plaintiff below was incorporated, are noted in the margin.1
It will be seen that the act authorized the formation of corporations for the purpose of constructing and maintaining reservoirs and canals, or ditches and pipe lines, and that two pur- poses were to be subserved by the formation of such companies (1) the supplying of water for irrigation, mining, manufacturing, domestic, and other public uses, including cities and towns; and (2) the colonization and the improvement of lands in connection therewith. The articles of association of the appellee set out the second of the aforesaid objects as being the purpose for which the company was formed. The organization of the company in conformity to the requirements of the statute is not questioned, and the existence of surplus water over and above the needs of prior appropriators of water at the point where it was proposed to divert the waters of the Rio Grande for the proposed canal is a fact found by the trial court and not disputed either in the supreme court of the...
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