Imperial Valley Press, Number 47, 8 March 1902 — Quarrel Over Alleged Water. [ARTICLE]

Quarrel Over Alleged Water.

The San Diego Tribune gives nn account of a dispute over il water li! Ini on S( ■ River. Two parties claimed water from ■ stream wbero there is no water, and now tbey have ■ Htiit to determine who is the rightful owner of a dry water right. Following is the report published bj the Tribune:

\ . i.in|i nini «^ tiled t iiis f<n enoon in the county clerk's office wherein Arthur Ewens Is named as the plaintiff and a. m. Jones and Ifarj Jones are d< slgnated as the defendants. The suit Involves B water quarrel win, ii appears to be on between these people win. are apparently neighbors in the .V v River country, it is alleged in the complaint that Jones has Interfered with the legally established rights Of the plaintiff and has divert, d to his own use water that the plaintiff was entitled to Use.

Mr. Bwens owns some IJL'u acres of land on the New River mar wh;il is known as the Laguna. He alleges in his complaint that he has tiled legally on certain water riKhts as follows:

"I, Arthur Kuciis. hereby claim and appropriate ;<u the water Bowing In the N'iw River, ;tt or about the iouth•■asi corner of ■ectlon four, township ■lxteen south, range twelve east, nol to exceed 800 miners inchei under a four-lncfa preaaure. it li my Intention to divert said water by the conitruct ion of an earth dam acroaa the iald New River to a ditch In the Laguna to Swimming Lake In wction fourteen! townahip sixteen sou t li, range twelve east, from which lake i Intend to use Raid water tor stock iinti irrigation purposes on the said lands of ■ectlon fourteen and on sections ad jaeellt thereto. (Signed), "ARTHUR BWBN8." This claim was tiled and notice posted some two years ago. and Mr. Bweni proceeded to luiild his dam and divert the water to hi:; lands which are a little distant tfOQ the river. About a year ago Mr. Jones moved on land further up the river. and needing water for Irrigation and his stock, he concluded he would tile on the necessary water rights which he did. and soon had a dam across the river, which it is alleged diverted the water that Kwens needed

It is said that there were hot words between the two over the affair. Mr. Bwens threatening to blow the .lones dam out of the liver.

This difficulty was settled, however, Mr. Jones agreeing to let as much wa ter tlow to the lOwens place as was needed.

Matters went on this way until recently the Jones dam) was c\i tried away. At the time he thought that Ills rival in the matter of water rights was responsible for the disaster, especially in view of the threat that had formerly been made, but Mr. Kwens denies any connection with the affair, and claims that it can he proven that, it was merely an accident.

Jones proposes to build another dam. and it is against the construction of this second dam that Kwens Is seeking a restraining order from the court and Judgment in the sum of $l'.ooo for Injury already sustained.

There never has been any water in New River except for a short time in June of each year, when then is an overflow of the Colorado River. Recently there has been waste water from the Imperial Canal System at other seasons of the year that wasted into the New Kiver channel. '>ut this will cease wiun the system is completed so as to take care of the water supply.