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Show 96 REPORT OF COMMISSIONER OF INDIAN AFFAIRS.' Some very interesting facts brought out in the investigation of this matter are outlined in the following extracts from the report of Special Agent Brewster, dated April 27, 1908: ~ e f d r em y arrival a t Taos, Mr. A. G. Pollock, of the Indian office, discovered a feature of great value, which is as follows: The river Rio Lucero, at a poiut Some 3 miles or more distant from the proposed reservoir site (see Exhibit D), and on the Pueblo League, seeps into the earth and totally disappears, and does not come to the surface again for 21 miles, which point is also on the Pueblo League. It rises in numerous springs, which finally form the stream which flows on. This subsurface flow constitutes a natural system of irrigation, the value of which can not be overestimated. * Mr. Robinson, irrigalion engineer, made a careful investigation as to the measurement of the water at the point where the proposed dam was to be built; also at the several irrigation ditches, and of the underflow and its value, and substantiated our contention in a sworn statement. He also made a survey of the pasture land (marked " Exhitit C ") affected by this natural irrigation and there is a total of 713 acres of pasture, 367 acres of which are under fence. This underflow, or natural irrigation, affords the Iudians a perpetual pasture, and removes the necessity of putting up winter feed for their stock, and cons* quently is a matter of the greatest importance to them. The matter of the underflow, or natural irrigation, together with the value - of this pasture land, was sworn to in a statement made by Special Agent Lev1 P. Chubbuck. The water has not been known, in the last ten years, to run down the dry bed of the stream below the poiut where it seeps into the earth, but many years ago, due to unusual rains and melting snow, it did extend a little farther than it does now. This fact was substantiated by the fidavits of a number of the oldest Indians. * * * It 1s for this reaeon that the waters of the Arroyo Hondo and Arroyo Seco. were made a part of the amended protest. These streams do not irrigate any of the laud of the Indians, but the ditches to convey water therefrom would run through the Indians' laud. This contention was made to offset Mamby's appli-cation, which covered the feature "for mining and power purposes," which, nuder the territorial law, is proper. It is understood that the hearing in this water rights case was held before the engineer commissioner, whose decision is not in any way final. The prima facie showing made in the amended protest was such that the engineer commissioner reeerved his decision until such time as he can make a personal inspection of the conditions. Upon Mr. Mamby's agreement not to build said reservoir in the Lucero Canyon, all protests but that of the Indians were withdrawn. Under the territorial laws, there is an appeal from the engineer commis- Siouer to the board, from the board to the district court, and from there to the supreme court of the Territory. While I feel confident that the Indians' case will-not be lost, should it reach the courts, the matter is of such vital importance to them that should it become hecessary it should be followed to the Supreme Court of the United States. The fact that these waters leave the surface of the earth and appear again on the Pueblo League gives the Indians, in my opinion, a vested right, and we found a number of authorities which bear out tbis conclusion. The application of the Taos Valley Land Company is couched in fraud in order to cover every feature going to serve its ends. |