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Show - 18- Th e La Plata River rises in the mountains of Colorado, flows in a southerly direction until it reaches the "boundary of Hew Mexico and in the latter State until it empties into the San Juan River. The stream is non- navigable; has a narrow watershed; and a large run-off in the early spring. Then the quantity flowing begins to fall rapidly; and during the summer months little water is available fcr irrigation. In each State the water of the stream has long been used for irrigation; and each adopted the so- called appropriation doctrine of water use.^ Under that doctrine the first person who aots toward the diversion of water from a natural stream and the application of such water to a beneficial use has the first right, provided he diligently continues his enterprise to completion and beneficially ap- plies the water. The rights of subsequent appropriations are subject to rights already held in the stream. The relative rights of all claimants to divert in Colorado water from the La Plata River were adjudicated in a proceeding under the Colorado statutes, By decree therein of January 12, I898 (and later amended) the Ditch Compacy was declared entitled to divert 39"* 1/U cubic feet of water per second, subject to five senior priorities aggregating 19 second feet. Qh June 2l±s 1926, there was in the stream, at the recognized Colorado gauging station* 57 second feet of water. The Ditch Company claimed that by reason, of the I898 decree it was entitled to all the water in the stream except that required to satisfy the Colorado priorities. If it'had been permitted to draw all that water, none would have been avilable to the New Mexico wai;er claimants, who, under similar laws, had made appropriations. Some of them were earlier in date than the Ditch Company's. The oase was first heard in the District Court on evidence in 193^« The Ditch Company objected at the trial to the admission or consideration of the Compact. It insisted that the Compact attempted to surrender to New Mexico, and thus destroy, vested property rights of Jolorado citizens; that this is a violation of the obligations of its contract; and that the Compact in so far as it "applies or is intended to apply to private rights of the individuals or citizens of Colorado, or to be used as a defense of or justi- fication .for the acts of the State Engineer or his subordinates in inter- fering wi-th or violating the private rights of citizens of Colorado, or in Colorado Constitution, Art. XVI, § 5* provides: '"The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as herein- after provided." Article XVI, § 6, provides in part: "The right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied- Priority of appropriation shall give the better right as between those using the water for the same purpose." For the law of New Mexico, see iis Constitution, Art. XVI, §§ 2 and 3. |
