exhibit 1 - ose.state.nm.us€¦ · cattle company, successor in interest to the defendant, louise...

." ' .".

IN THE UNITED STATES DISTRICT COURT,, : .. ~_J FOR THE DISTRICT OF NEW ME:ID-: b L~ D:: ' i \1 !:~T yi i_; :,:T

""C J 11' iL1 .Jr :, -- _11 •1tX 1LO

STATE OF NEW MEXICO ex rel. State Engineer,

93 AP~ - 6 PM 3: 2 3

Plaintiff,

vs.

R. Lee Aamodt, et al.,

Defendants,

and

UNITED STATES OF AMERICA, PUEBLO DE NAMBE, PUEBLO DE POJOAQUE, PUEBLO DE SAN ILDEFONSO, and PUEBLO DE TESUQUE,

Plaintiffs-in-Intervention.

REVISED JOINT MOTION TO AMEND SUBFILE ORDER

No. CIV 6639 M

Subfile No. 10.66

The plaintiff State of New Mexico ex rel. State Engineer and the defendant L TM

Cattle Company, successor in interest to the defendant, Louise Trigg, formerly Louise T.

McKinney, request the court to correct, consistent with the facts the movants hereby proffer

pursuant to the accompanying affidavit of Robin Martin and the exhibits referenced in and

attached thereto, the Order entered in subfile 10.66 on October 10, 1974 as follows:

I. Purpose: Irrigation

EXHIBIT 1

Case 6:66-cv-06639-WJ-WPL Document 11079-1 Filed 11/19/16 of 21

a) Priority: To be determined at a later date.

b) Sources of Water: Surface waters of Pojoaque Creek and underground waters of the Rio Pojoaque Basin.

c) Points of Diversion:

State Engineer File No.: None Surface: Acequia de los Ortizes, NE Y4 SW Y4 SE Y4, Sec.

10, T. 19N., R.9E., N.M.P.M., within the Nambe Pueblo Grant, and located by the New Mexico State Plane Coordinates, Central Zone, X =

583,485 feet, Y = 1,778,075 feet.

State Engineer File No. RG-1485 Groundwater: Well 68 on well map 10 located in the SE Y4 SE Y4

NW Y4, Sec. 9, T. 19N., R. 9E., N.M.P.M. within the Pojoaque Pueblo Grant, and located by the New Mexico State Plane Coordinates, Central Zone X = 576,775 feet, Y = 1,780,040 feet.

d) Location and amount of acreage:

Part of P.C. 40, P.1, Exception 133 Part of P.C. 87, P.2, Exception 132 Part of P.C. 96, P.2, Exception 130 Part of P.C. 98, P.l, Exception 129 Part of P.C. 119, P.l, Exception 131 Within parts of the N% SW Y4 NE Y4, and the SEY4 NWY4 NEY4 of Sec. 9, T.19N., R. 9E., N.M.P.M. within the Nambe Pueblo Grant, and,

Part of P.C. 315, Exception 249 Part of P.C. 316, Exception 250 Part of P.C. 317, Exception 251 Part of P.C. 319, Exception 253 Part of P.C. 320, Exception 254 Part of P.C. 321, Exception 255

REVISED JOINT MOTION TO AMEND SUBFILE ORDER [Subfile No. 10.66] Pagel

EXHIBIT 1


Part of P.C. 322, Exception 256 Within parts of the SY2 NEY<i NWY<i, the NYi SEY<I NW1/4, the SWY<I NWY<I NEY<I, and the NWY<I SWY<I NEY<I, Sec. 9, T. 19N., R. 9E., N.M.P.M. within the Pojoaque Pueblo Grant, 21.86 acres as shown on hydrographic survey map 10, tract 66.

e) Amount of Water: Not to exceed 4.65 acre-feet per acre per year diverted by the ditch from the surface source of water, 3.35 acre-feet per acre per year from all sources of water combined delivered at the farm headgate or diverted from the well, or a weighted consumptive irrigation requirement (CIR) of 1.84 acre-feet per acre per year, whichever amount is less.

2. Purpose: For household purposes for six houses, one barn, one swimming pool or other domestic use and related irrigation.

a) State Engineer File No: RG-854

b) Priority: 1910

c) Point of Diversion: Well 67 on well map 10 located in the SWY<I NWY<I NEY<I, Sec. 9, T. 19N., R. 9E., N.M.P.M. within the Pojoaque Pueblo Grant, and located by the New Mexico State Plane Coordinates, Central Zone, X = 577,110 feet, Y = 1,781,250 feet.

d) Place of Use: Within the property owned by the defendant.

e) Amount of Water: Not to exceed a total diversion of 3.24 acre-feet per year from the well described above or the historic beneficial use, as described under "Purpose" above, whichever is less.

REVISED JOINT MOTION TO AMEND SUBFILE ORDER [Subfile No. 10.66] Page3

EXHIBIT 1


Respectfully submitted this . <O ~ day of April, 1998,

By: A~ .::I· t M . ~ . ~ "R;,12,.John Stroud

Special Assistant Attorney General State Engineer Office P.O. Box 25102 Santa Fe, New Mexico 87504-5102 (505) 827-6150

CAMPBELL, CARR, BERGE & SHERIDAN, P.A.

By: Pr~.1. M~ Mark F. Sheridan Anthony F. Medeiros Post Office Box 2208 Santa Fe, NM 87504-2208 (505) 988-4421

Attorneys for L TM Cattle Company

CERTIFICATE OF SERVICE

I certify that copies of this Joint Motion to Amend Subfile Order were mailed to all active counsel of record this Co~ day of April, 1998.

REVISE)) JOINT MOTION TO AMEND SUBFILE ORDER [Subfile No. 10.66] Page4

EXHIBIT 1


SERVICE LIST

Harl D. Byrd Special Master Post Office Box 423 Albuquerque, NM 87103

Jerilyn DeCoteau, Esq. Lynn A. Johnson, Esq. United States Department of Justice Environment and Natural Resources Div. 999 - 18th Street, Suite 945 North Denver, CO 80202

Peter B. Shoenfeld, Esq. Post Office Box 2421 Santa Fe, NM 87504-2421

Susan M. Williams, Esq Jim Cooney, Esq. Williams & Janov, P.C. 2501 Rio Grande Blvd., N.W. Albuquerque, NM 87104-3223

Stephen Chamas, Esq. Sutin, Thayer & Browne, P.C. Post Office Box 1945 Albuquerque, NM 87103-1945

Carl Bryant Rogers, Esq. Roth, VanAmberg, Gross,

Rogers & Ortiz 34 7 East Palace Avenue Santa Fe, NM 87501

Ted Apodaca, Esq. Steve Farris, Esq. John Stroud, Esq. State Engineer Office Post Office Box 25102 Santa Fe, NM 87504-5102

Ethel Abeita, Esq. United States Department oflnterior Southwest Regional Solicitor Office Suite 200, Building No. 1 2400 Louisiana Blvd., N.E. Albuquerque, NM 87110

Larry C. White, Esq. Post Office Box 2248 Santa Fe, NM 87504-2248

Peter C. Chestnut, Esq .. Peter C. Chestnut Law Offices Post Office Box 27190 Albuquerque, NM 87125

Scott B. McElroy, Esq. Alice E. Walker, Esq. Greene, Mayer & McElroy, P. C. 1007 Pearl Street, Suite 220 Boulder, CO 80302

Eric Biggs, Esq. 460 St. Michaels Drive, Suite 701 Santa Fe, NM 87505

EXHIBIT 1


Galen M. Buller, Esq. Montgomery & Andrews, P.A. Post Office Box 2307 Santa Fe, NM 87504-2307

George Bingham, Esq. The Peters Corporation Post Office Box 908 Santa Fe, NM 87504-0908

Judy K. Stoft Hydro Logic P.O. Box 30781 Albuquerque, NM 87190-0781

Karen Aubrey, Esq. P.O. Box 8435 Santa Fe, NM 87504

John F. McCarthy, Esq. Ben Phillips, Esq. White, Koch, Kelly & McCarthy Post Office Box 787 Santa Fe, NM 87504-0787

Darcy Bushnell, Esq. Water Adjudication Judicial Clerk U.S.D.C. - DCNM P.O. Box689 Albuquerque, NM 87103-0869

Mary Ann J oca, Esq. U.S. Dept. of Agriculture, Forest Svc. 517 Gold Avenue SW, Room 4017 Albuquerque, NM 87102

EXHIBIT 1


AFFIDAVIT OF ROBIN MARTIN IN SUPPORT OF JOINT MOTION TO AivlEND SUBFILE NO. 10.66

STATE OF NEW !vffiXICO ) ) SS.

COUNTY OF SANTA FE )

1. My name is Robin Martin. My address is P.O. Box 1116, Santa Fe, New

Mexico. I am over the age of 18. This affidavit is based on my personal knowledge.

2. My mother, Louise Trigg, formerly Louise T. McKinney, is the owner of

record of the water rights adjudicated in Sub-File No. 10.66 in State of New Mexico ex rel.

State Engineer v. Aamodt, U.S.D.C. D.N.M. Cause No. 6639 Civil. In 1973, my mother

transferred her water rights to LTM Cattle Co. The property is named Las Acequias Farm.

3. In reviewing Sub-File No. 10.66 it has come to my attention that it contains

some errors.

4. A supplemental irrigation well identified in the State Engineer Office records

as RG 1485 and on the State Engineer Map Sheet No. 10 of the Hydrographic Survey as Well

Number 68 is omitted from Sub-File No. 10.66. This well has long been used to irrigate the

acreage described in Sub-File No. 10.66.

5. Sub-File Order No. 10.66 should contain a section: "Groundwater: RG 1485.

A private supplemental irrigation well located in the SE Y4 SE Y4 NW '14, Sec. 9, T. 19 N., R.

9 E. as shown in New Mexico State Engineer Office Map Sheet No. 10".

6. In investigating RG 1485 as a supplemental irrigation well, on November 1,

1990, I interviewed Mrs. Pablita Ortiz. Her son, Jose Claudio Ortiz was also present at the

EXHIBIT 1


interview. Pablita Ortiz was about 93 years old at the time of the interview, a copy of which,

in Spanish and in English, is attached hereto as Exhibit A.

7. When Mrs. Ortiz was about 12 years old, which would have been in 1910, she

told me that she worked for the family who previously owned the southern part of Las

Acequias Farm.

8. Mrs. Ortiz was familiar with the property.

9. Mrs. Ortiz remembered that a hand-pumped well was located outside the

house, which was located at the southern edge of Private Claim 322.

10. Mrs. Ortiz remembered that in about 1910 the well was used for washing

dishes and cleaning.

11. Mrs. Ortiz also remembered that there was an orchard on the property and that

in about 1910, workers were hired to irrigate the orchard.

12. Mr. Sol Taylor, the owner ofT-P Pump & Pipe Co., stated in an affidavit that

he recommended to my father, Robert McKinney, in 1951, that irrigation of the orchard

could be improved by drilling a new well to replace the old hand dug well. Mr. Taylor's

affidavit is attached hereto as Exhibit B.

13. In 1951, E.T. Hoard, an Albuquerque drilling company, drilled a new well on

my parents' property which replaced the old, hand dug well.

14. In 1951, Mr. Taylor's company, T-P Pump & Pipe Co., installed a pump on the

new well and irrigation pipes to the orchard, in addition to testing the well. A letter dated

AFFIDAVIT OF ROBIN MARTIN Page 2

EXHIBIT 1


March 5, 1951 from Mr. Taylor to Johnny Stephenson of the Soil Conservation Office is

attached hereto as Exhibit C.

15. In the early 1950's workers laid pipes for an irrigation system. The irrigation

system extended from the new well, north and uphill, with outlets to the Acequia del Cano,

the Acequia de Los Ortizes, and a reservoir pond. On April 22, 1994, I interviewed Jose

Claudio Ortiz regarding the irrigation system. A copy of the notes of our conversation is

attached hereto as Exhibit D.

16. Since 1951, the drilled well has been used to irrigate the orchard and acreage

described in Sub-File No. 10.66.

17. The drilled well may also be used as a supplemental domestic well in times of

emergency.

18. Sub-File No. 10.66 also lists a domestic well identified as RG 854 located in

the NW V4 SE V4, Sec 9, T. 19 N., R. 9 E., with a priority date of 1949.

19. The legal description and the priority date ofRG 854 in Sub-File No. 10.66 are

incorrect.

20. The correct legal description ofRG 854 is the SW V4, NW V4, NE V4, Sec. 9, T.

19 N., R. 9 E.

21. In addition, the domestic priority for RG 854 should relate back to the date of

RG 1485 because RG 854 was drilled to replace the domestic uses ofRG 1485.


EXHIBIT 1


22. My father, Robert McKinney, bought the property, now known as Las

Acequias Farm, from Cyrus McCormick.

23. Mr. McCormick had owned the property since approximately 1929.

24. In the 1930's, because the hand dug well had become contaminated, Mr.

McCormick drilled a domestic well to replace the domestic uses of the old, hand dug well.

The 1930's domestic well was drilled uphill from the hand dug well, 350 feet north/northeast

of the front gatepost of Mr. McCormick's main house. The well location is in the

southernmost room of the caretaker's house. My interview of Jose Claudio Ortiz discusses

the 1930's domestic well. See Exhibit D.

25. In 1980, my mother, Louise Trigg, requested emergency authorization from

the State Engineer Office to drill a new domestic well to replace the domestic well drilled by

Mr. McCormick in the l 930's. The new domestic well was completed in 1982. The records

filed by my mother with the State Engineer Office indicate the domestic well is RG-1485,

which is an error. The domestic well, which is located under the windmill, 370 feet northeast

of the gatepost of the main house, is RG-854.

26. In the 1930's, Mr. McCormick installed a pipe system from the domestic well

to provide water to the main house, a swimming pool, a corral and barn, and other houses on

the property. The pipe system is also for gardening and landscaping purposes.

27. Most of the pipe system is still in use today, and draws water from RG-854.


EXHIBIT 1


28. RG-854, through the pipe system, currently provides water for the following

domestic uses:

a. Six houses, with a total population of 18 people;

b. A 22' x 52' swimming pool;

c. A barn for livestock which houses 70 head of beef cattle and two horses

for approximately 12 weeks and 50 laying hens for the entire year;

d. Irrigation of approximately 19,000 square feet of lawn, garden and

plantings around the houses, (approximately 70% of which is lawn);

and

e. To repair plastering, which occurs every year and requires a hose

running for approximately one month.

29. The use of water through the pipe system has been consistent and

approximately the same since it was installed in the 1930's.

30. The foregoing statements are true to the best of my knowledge, information

and belief.


ROBIN MARTIN

EXHIBIT 1


ST ATE OF NEW l\.1EXICO

COUNTY OF SANTA FE

) ) SS.

)

SUBSCRIBED AND SWORN to before me this Z '1-~ay of ~1997.

My Commission Expires:


NOTARY PUBLIC

EXHIBIT 1


P: C:

,...~J. ,,.~r"""

' ", ' _, J Yi ~k

w Pablita Garduno Ortiz, 93 Jos{ Claudio Ortiz, 59, her son

P: Hab~ noria 1n el patio de la cocina de Don Pablo Marttnez, con pompa de mano. Yo ten!a como 12 ~os cuando fui a trabajar con ellos.

/ / C: Mi Mama nacio como en 1898.

P: Dona Micaela era esposa de Don Pablo Mart:rnez. Ten~n un hijo Pablito, una hija Lorenza. En la casa hab(a comedor, cuartos de dormir, con la tienda pegada a la casa.

-te_ .. :do ~ C: Tiene que haber -rldo "livingroom" tambien.

P: Yo la~aP., planchaba, limpiaba, lavaba trastes. Hac(a atole a la mujer en la tarde arites/de dormir. Usaba agua de la n~ia. La Lorenza se caso cuando estaba trabajando alla. El hijo era menor.

C: Don Pablo hizo la manzanera.

P: Si, era soterano muy grande. Habia portal p'al lado del camino, otro portal y patio muy grande p'al lado del r:!O.

C: Todav:{a se va la tierra pa'bajo donde hab{a noria. La arbolera que llam~s "nueva" era de Don Pablo. El difunto Max y Don Pablo ven{an siendo~hermanos. Don Maximiliano ere. papc( del difunto Toma~. Ellos ayudaron a Don Pablo a poner la arbolera nueva. Tomas viv{a en casa en el orto lado del camino entre Las Acequias y Los Woolleys.

~ / / P: Hab{a otra arbolera mas vieja tambien. Fuimos por alla a juntar quelites a la ace<1uia.

C: Hab{a casa donde estf'n los estables de Las Acequias. Todav{a hay cuartos en el "barn." I? casa era de Dona Epimeiia y Antonio ORtiz. Antonio era ,, padre de Joaquin y Luis Ortiz. Joaqu{n vivia junta a la Acequia del Rincon, mas abajo que Esquipula Salazar. Todavfa vive Ramo"n Ortiz, hermano de Joaqu(n y Luis. El camino principal iba junto a la casa del Delfinio Romero, y daba al "cattleguard" de Las Acequias.

/ / P: Mas antes el camino se nombraba el callejon. Se llamaba el Don Pablo. Sub{a del R(o al lado de la casa de Don Pablo.

~ "' / Yo deje la escuela para trabajar. Yo queria trabajar y tambien Pero mJ.s padres me amenazaron, y me dijeron que si quer!a ir a tendr!a que ir a la escuela todo el tiempo.

_, C: Pero mama sabe letrear y leer en Espanol.

(1)

I callejon de

ir a la escuela. la escuela,

EXHIBIT 1


P: Yo agarraba cartas que escribian mi hermana y mi hermano Joaqu~ y yo copiaba las partes. Don Pablo pagaba peones para juntar manzanas.

/ C: Quiza Don Pablo era el unico que usaba cementa. Hay mucho cementa en la pared de la manzanera.

P: El ten(a peones para regar. Pagaban a otra mujer para ayudarme con casa de vez en cuando. ;.a co6ina y comedor tenfan suelos de madera, en los otros cuartos quizas jergas tirapas. Se miraban las vigas._.Habfan fogofaeS de fierro. En la cocina hab!a estufa de cocinar con lena. No hab{a electricidad. En la tienda no hab{a hieliera~ Pon{an las cosas en rincones frescos. / El hijo de Don Pablo se caso con hija de Don Inez. Don Inez fue abogado.

I C: Cayo de rico a rico.

P: La primer a "troqua" de aqu{ era de Don Pablo, has ta la arrentaron para los difuntos. Don Pablo agarraba ordenes para cosas: ropa, santos.

C: Fue Don Inez un d{a al banco en Santa Fe. Hab~n dos carros parecidos. En e7°s d{as las llaves eran,.todas iguales, o quiza no hab(an llaves. El subio en el otro carro y dejo el suyo en Santa Fe.

I' P: Don Pablo vendio ropa, comida, zapatos, material, dulces. Pueda -,ue pon{an orden para mercar cabadores y cosas de fierro. Dona Micaela y Lorenza trabajaban en la tienda. Don Pablo trabajaba por 'fuera!

C: Trabajaba como "salesman." Todos los hombres que trabajaban en la oficina y de mercador y vendedor usaban camisas blancas.

P: Yo me acuerdo que lavaba y planchaba camisas blancas. ~ r / I

La Dona Micaela quizas se lastimo cuando era chiquita. Ten1a la boca en un lado. Era gente buena. Yo tengo arriba de 30 nietos. Cuando pongo yo a/contarles en la noche

cuento 33. Tenla 4 hermanos: Don Joaquin, D~nicio, Pedro y Rubel. hermanas~Modesta, Teresina y la Lala (Escolastica).

a ve,s:es Ten{a 3 ~i Pa_p~ Nambe.

se llamaba Jacinto Gardu'ii'o, mi '8ama Vicenta Ortiz, los dos de

C: Jose Gabriel Ortiz se llama la acequia aqut: Era el hermano de mi abuela.

l'Z.)

EXHIBIT 1


Translation of Nov. 1, 1990 interview between Pablita Garduno Ortiz, 93 and her son Jose Claudio (known as Claudio) 59. Interview written down and translated by Robin Martin.

Pablita:

Claudio:

P:

C:

P:

C:

P:

C:

P:

C:

There was a well in Don Pablo Martinez' kitchen patio, a well with a hand pump. I was about 12 when I went to work for them.

Mi mother was born about 1898.

Dona Micaela was the wife of Don Pablo Martinez. They had a son named Pablito and a daughter named Lorenza. In the house was a dining room, bedrooms, with the store attached to the house.

There must have been a living room too.

I used to wash, iron, clean and wash dishes. In the evening I made atole for the mistress before she went to sleep. I used water from the well. Lorenz.a got married while I was working there. The son was younger.

Don Pablo built the apple storehouse.

Yes, it was a very big cellar. There was a portal on the road side, another portal and a very big patio on the river side.

You can still see a depression in the ground where the well was. The orchard we call "new" was Don Pablo's. The deceased Max and Don Pablo were brothers. Don Maximiliano was the father of the deceased Tomas. They helped Don Pablo put in the new orchard. Tomas lived in a house on the other side of the road between Las Acequias and the Woolleys.

There was also an older orchard. We went there to pick wild spinach along the ditches.

There was a house where the stables for Las Acequias are. There are still rooms in the barn. The house belonged to Dona lpirnena and Antonio Ortiz. Antonio was the father of Joaquin and Luis Ortiz. Joaquin lived next to the Rincon Ditch, below Esquipula Salazar. Ramon Ortiz is still alive, he's the brother of Joaquin and Luis.

The main road went near the house of Delfinio Romero and came in at the cattleguard of Las Acequias.

EXHIBIT 1


P:

C:

P:

C:

P:

C:

P:

C:

P:

,._ ._ o - • ._ • - - - • • • Y • • . '•

In the old days the road was called the alley. It was called Don Pablo's Alley. It came up from the river along the side of Don Pablo's house.

I left school to work. I wanted to work and also go to school. But my parents threatened me and said ifl wanted to go to school, I'd have to go to school all the time.

But Mama knew how ,to read and write Spanish.

I got letters that my sister and my brother Joaquin wrote and I copied parts. Don Pablo paid workers to pick apples.

Maybe Don Pablo was the only one who used cement. There is a lot of cement in the wall of the apple storehouse.

He had workers to irrigate. He paid another woman to help me with the house sometimes. The kitchen and the dining room had wood floors, in the other rooms they might have had rugs thrown on the floor. You could see the vigas. There were iron stoves. In the kitchen there was a wood cookstove. There wasn't any electricity. There wasn't an icebox in the store. They put things in cool comers. Don Pablo's son married a daughter of Don Inez. Don Inez was a lawyer.

He went from being rich to being rich.

The first truck here was Don Pablo's, they even rented it out for carrying dead people.

Don Pablo took orders for things: clothes,' santos.

Don Inez went to the bank in Santa Fe one day. There were two cars that looked alike. In those days the keys were all the same, or maybe there weren't keys. He got in the other car and left his in Santa Fe.

Don Pablo sold clothes, food, shoes, cloth, candy. Possibly they put in orders to buy hoes and iron tools. Dona Micaela and Lorenza worked in the store. Don Pablo worked elsewhere.

Nov. l, 1990 Translation between Pablita Garduno and Jose Claudio Translated by Robin Martin Page 2

EXHIBIT 1


C:

P:

C:

He worked as a salesman. All the men who worked in an office, or buying or selling used white shirts.

I remember that I used to wash and iron white shirts. Maybe Dona Micaela hurt herself when we was little. She had her mouth on one side.

They were good people.

I have more than 30 grandchildren. When I try to count them at night, sometimes I count 33. I had four brothers: Don Joaquin, Donicio, Pedro and Rubel. I had three sisters: Modesta, Teresina and Lala (Escolastica). My father was named Jacinto Garduno, my mother Vicenta Ortiz, both from Nambe.

The ditch here (south of the Nambe River where the Gardunos and Ortizes live) is called Jose Gabriel Ortiz. He was my grandfathers' brother.

Nov. l, 1990 Translation between Pablita Garduno and Jose Claudio Translated by Robin Martin Page 3

EXHIBIT 1


ST A TE OF NEW MEXICO ) )ss.

COUNTY OF BERNALILLO )

AFFIDAVIT OF SOL TAYLOR

SOL TAYLOR, being first duly sworn, states as follows:

RECEIVED

JAN 271994

1. My name is Sol Taylor. My address is 1824 2nd St. N.W., in Albuquerque,

New Mexico. I am 81 years old.

2. On June 1, 1940, I started the T-P Pump & Pipe Co., and have worked as

owner, manager and consultant since that time.

3. In 1951, I was called by Mr. Rohen McKinney to discuss methods for irrigating

the grounds and orchard on his property located outside Nambe, New Mexico.

4. At that time the orchard was irrigated from a pond and from a very old hand

dug well located on Mr. McKinney's property.

5. I determined that the best method of irrigating the orchard was to replace the

hand dug well with a new well.

6. In 1951, E.T. Hoard, an Albuquerque drilling company, drilled the well on the

McKinney property. E.T. Hoard is no longer in business.

7. The drilled well is located approximately eighteen feet east of the old hand

dug well.

\

8. My company, T-P Pump & Pipe, Co., provided the test equipment for the well,

installed a pump on the well, and installed portable irrigation pipes to the orchard.

9. Beginning in 1951, the drilled well was used to irrigate the orchard.

EXHIBIT 1


10. The foregoing statements are based upon my personal knowledge and are true

and correct.

SO TA

STATE OF NEW MEXICO ) )ss.

COUNTY OF BERNALILLO ) ,,, .- .

SUBSCRIBED AND SWORN to before me this ·/"\.5fl\ day of January, 1994.

My Commission Expires:

3-/ 7-f~ .

AFFIDAVIT OF SOL TAYLOR Pqe2

10&7 1l/m0&u c/(/ NOTARY PUBLIC

EXHIBIT 1


•/ )

'

NIW AND USED

CASINQ TUBINCI VAi.ViS

FITTING• V·Bt:LT• PULLEYS ENGINIES

-'.• . .

.. p Li°Nf p s ARE OUR B U .. S INES S"

T-P PUMP & PIPE CO. FAIRBANKS-MORSE EQUIPMENT

382e NORTH FOURTH STRUT

PHONI: 3·2172 RU PHONI: 2·78!58

ALBUQUERQUE. NEW MEXICO

~.:arch 5, 19 51

Johnny Stephenson Soil Conservation Office rederal Euildin~ Santa /e, l!ev~ Ua~~ico

Jear Johnny,

:-.,...:\ ir;·

·,:e are returning herewith i•'armer District .1greement s covering the Robert ~cKinney property.

0111' WEL.L. F'UMF'S SH 'L.L.OW WEL.l. F'UMF'S

CENTAl,.UGAL.5 TURBINES

WINeMIL.l..!i Po1.1s1o1Ee Roes STUl'l"ING BOXES

PUMP Roes

It might be of interest to note that the ~cKinney well located some eighteen feet east of the dug well on the property near the arroya. is cased ·wit.h 12 11 I.D. pipe to a depth of 61 feet, but is.drilled to a total depth c_f. 6:3 faet' and art er t'ivo hours of pumpine at approxima::.ely

I~ .-- ~ ·120 gallons per minute began to produce something in · excess of 500 not to exceed 600 gallons per minute from

a 54 foot working level, wiiich capacity continued for a total of 36 hours and the drawdovin in the ;lug viell mentioned was less than ·42 inches.

~s soon as we have received one, ·;ie will senci you a detailad copy of the lo'?, cov .,rin::; this well.

I

i.'hanki.ng you for your r:t:i.ny favors in t~e past and with sincere person:;:.l r:l .i:,.irds, I run

Yours v~ry ~ruly,

;:)'£/mjh

ennlosures: 2

EXCLUSIVE DISTRIBUTORS FOR JENSEN DEEP Wl!LL UNITS

EXHIBIT 1


. CJ)

This was a converstion on April 22. 1994 between Robin McKinney Martin. president LTM Cattle Co. and Jos{ Claudio Ortiz. foreman of Lai Acequias Farm. which ii owned by LTM.

Claudio told Robin: In the early 1950s Joaqu~ Gardu~o, Claudio's uncle, was foreman of Las Acequias.

The farm belonged to Robin's parents. Robert and Louise McKinney. Claudio

worked with a large crew that dug a trench for and laid pipe for an irrigation

system. A few other members of the crew were Consaucic<n Garc{a and Tom&; Martinez.

both now deceased. Dick Saiz did the electrical work for the irrigation system,

taking electricity from the 3-phase power near the Nambe church. While Claudio and

the other men were working on this project, the neighbor Delfinio Romero's

house burned, and the men went directly across the fields to help fight the fire.

The irrigation pipe ran from a well drilled in 1951 by E.T. Hoard for Robert McKinney.

It ran north and uphill from the well and had outlet• into the Acequia del - ' Cano, the Ortiz pond, the Acequia de Los Ortizes. It alao connected to the McKinney's

drinking water system. The well drilled for McKinney replaced two nearby wells

which were still visible at the time. One waa a hand-dug well that had been used

by Don Pablo Martinez; that well was abandoned but was still surrounded by an

adobe wall. A nearby and newer well, presumably made by Cyrua McCormick, still

had a i.l'se~auclffid pump on it; this well was originally part of McCormick's domestic

water system. It delivered water uphill to McCormick's house until it became

contaminated and two Indian women who were working for McCormick became sick.

A new well wa1 drilled near the houae where Claudio now lives, and connected

to McCormick's domestic water system. '.l'he well nearer the river was abandoned

for domestic purpoaea, although it may atill have been used to fill McCormick'•

swimming pool. When Claudio wa• excavating for the Martin'• lawn irrigation

system, he ran into a pipe that must have connected McCormick's old well

in the river to his swimm1n1 pool. The drinking waur cistern "ceterna" still in use wa• built by McCormick.

This is an accurate account of our conversation:

~-.4•d?~ 5Zck--1l)@L Claudio Ortiz Robin Martin

EXHIBIT 1


exhibit 1 - ose.state.nm.us€¦ · cattle company, successor in interest to the defendant, louise...

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