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Show Chapter 11 THE PUEBLO WATER RIGHT CHARACTER OF THE RIGHT In Western States water rights law, the pueblo water right is the paramount right of an American city as successor of a Spanish or Mexican pueblo (primitive village or town) to the use of water naturally occurring within the old pueblo limits for the use of the city and its inhabitants. Although the Spaniards made settlements in many parts of the Southwest, the only American jurisdictions in which the doctrine has been recognized are California and New Mexico. The right was first recognized in California in 1881, and in New Mexico in 1958. By far the greatest amount of litigation over pueblo water rights was in California. Since that is where the doctrine originated and became established, and since the New Mexico Supreme Court based its recognition of the doctrine entirely on the California decisions, experience in the two States is presented separately. Much of the material that follows first appeared in published writings of the author.1 PUEBLO WATER RIGHTS IN CALIFORNIA Origin Colonization of California by Spain As elsewhere in the Southwest, colonization of California by Spain included the establishment of civil pueblos or municipalities, as well as religious missions and presidial or military towns.2 Under the old Spanish law as it 'Hutchins, W. A.: 'The California Law of Water Rights" 256-262 (1956); "The New Mexico Law of Water Rights" 7-8 (1955); "Pueblo Water Rights in the West," 38 Tex. Law Rev. 748 (1960). See Clark, R. E., "The Pueblo Rights Doctrine in New Mexico," 35 N. Mex. Historical Rev. 265 (1960). The original paper on this subject by the author, entitled "Pueblo Rights in the West," was presented at the Fourth Annual N. Mex. Water Conference, N. Mex. State Univ., University Park, N. Mex., Nov. 5, 1959. This was revised for publication in the Texas Law Review and was used therein with permission of H. R. Stucky, Water Conference Chairman. Permission was granted by the Texas Law Review for use in this chapter. 2 Hutchins, W. A., "The Community Acequia: Its Origin and Development," 31 Southwestern Historical Quarterly 261, 272-273 (1928). (145) |