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John O. Baxter - Dividing New Mexicos Waters, 1700-1912

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Dividing New Mexicos Waters, 1700-1912: summary, description and annotation

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It has been said that in New Mexico whiskey is for drinking and water is for fighting. Surveyed in this book are two centuries of struggles over water rights. Most conflicts have occurred when someone suddenly seized and redirected the flow of water away from another user. Usually disputes were resolved through an appeal process, but these often followed ditch-bank fights punctuated by blows from shovels. Throughout the colonial period, access to water was a local issue and centered on maintaining the community acequia or ditch. Then beginning in the last quarter of the nineteenth century, competition for water intensified. Community-based decision-making gave way to district court hearings and the emergence of new legal principles--all arising out of claims advanced by those seeking large-scale irrigation development. In 1907 control was given to an appointed water engineer in a new legislative code, which still remains the foundation of water law in New Mexico.

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title Dividing New Mexicos Waters 1700-1912 author Baxter John - photo 1

title:Dividing New Mexico's Waters, 1700-1912
author:Baxter, John O.
publisher:University of New Mexico
isbn10 | asin:0826317472
print isbn13:9780826317476
ebook isbn13:9780585178929
language:English
subjectWater resources development--New Mexico--History.
publication date:1997
lcc:HD1694.N6B39 1997eb
ddc:333.91/009789
subject:Water resources development--New Mexico--History.
Page iii
Dividing New Mexico's Waters, 1700-1912
John O. Baxter
University of New Mexico Press
Albuquerque
Page iv
1997 by the University of New Mexico Press
All rights reserved.
First Edition
Library of Congress Cataloging-in-Publication Data
Baxter, John O., 1927
Dividing New Mexico's waters, 17001912 / John O. Baxter.
1st ed.
p. cm.
ISBN 0-8263-1747-2 (cloth)
1. Water resources developmentNew MexicoHistory. I.
Title.
HD1694.N6B39 1996
333.91'009789dC20 95-50235
Page v
Contents
Preface
vii
1. Water and Settlement Patterns
1
2. Water Administration During the Colonial Era
17
3. Water Administration During the Mexican Era
31
4. Water Administration During the Early Territorial Era
61
5. Water Administration During the Late Territorial Era
79
Conclusion
107
Notes
111
Bibliography
123
Index
129

Page vi
List of Illustrations
1. Rio Grande near Cochit Pueblo, 1937
49
2. Irrigation ditch near Isleta Pueblo, New Mexico, ca. 189095
50
3. View near Abiqui, New Mexico
50
4. Hispanic farmer and family, Moa Valley, New Mexico, September 1895
51
5. A matched pair of roan oxen pull a wooden plow at El Prado (Los Estircoles) near Taos.
52
6. Children watching man channel water to irrigate a field, New Mexico, ca. 1940
53
7. Irrigation ditch and corn field near Santa Fe, New Mexico
53
8. Threshing wheat with sheep and goats, Galisteo, New Mexico, 1918
54
9. Cleaning oats with criba (sifter), Taos, New Mexico, ca. 1905
54
10. Irrigation dam, New Mexico, ca. 1917
55
11. Rio Grande looking southerly, 1941
55
12. Acequia near Chimay, New Mexico
56
13. Hispanic man lifting water gate to release water from acequia to irrigate a field, Rio Arriba County, New Mexico, 1938
56
14. Tularosa Hotel, as kept by S.E. Welding, 1887
57
15. Elephant Butte Dam, ca. 1914
57
16. Main canal of Carlsbad Irrigation Project, Carlsbad, New Mexico
58
17. Steam dragline, Doa Ana County, 1915
58
18. Orchard irrigation, Carlsbad Project, Carlsbad, New Mexico, ca. 1915
59

Page vii
Preface
Although New Mexicans now face a number of difficult environmental problems, none of them receives more attention than our water supply. Located in a semiarid region with limited precipitation, New Mexico is extremely vulnerable to water shortages. During the last few decades, population growth and urban development have intensified competition for available supplies. Each day, demand increases from agricultural, industrial, domestic, and recreational users, seemingly without concern for the future. News media report proposals for a new golf course or computer chip factory, each one requiring staggering amounts of water. As the struggle continues, lawsuits to determine rights to surface and ground water fill the dockets of state and federal courts. Clearly, the situation is precarious.
Despite the flood of recent publicity, disputes to determine water ownership are not new to New Mexico, but have recurred frequently during the state's long history. For centuries, governmental officials under Spanish, Mexican, and United States administrations have wrestled with water apportionment issues and related problems, particularly in times of drought. In the past, as now, authorities searched for ways to share recurrent shortages in keeping with the accepted values of the community. Frequently, their attempts to allocate scanty resources failed to satisfy any of the contending parties. Nevertheless, the solutions imposed provide material for an intriguing history worthy of consideration today.
This book discusses the evolution of water administration in New Mexico from the colonial era through the first decade of the twentieth century. Based on archival sources from the Spanish, Mexican, and Territorial periods, the research begins with documents created during the reconquest of the province by Spanish forces in 16931694. (Unfortunately, almost all records from the seventeenth century were destroyed during the Pueblo Revolt of 1680.) With New Mexico a crown colony once again, the settlers reestablished an agrarian-pastoral society based on grants of land from the royal domain. Because agriculture was virtually impossible without irrigation, officials placed great emphasis on water availability when they distributed lands to establish new communities. As the settlements took root, Hispano farmers devised a practical system for managing and maintaining their community acequias. Conflicts for water were inevitable, and, in this work, records from lawsuits serve as case studies of the
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