Graeser v. Haigler

■ On or about May 1st, 1896, the district court of Rio Grande county entered a decree whereby there was de creed to Larick Ditch No. 5 in Water District No. 20, two cubic feet of water per second of time as of date May 1st, 1874, with priority No. 37, out of Rock Creek, a tributary of the Rio Grande river. Said decree fixed and located the point of diversion at a headgate located in the northwest quarter of the southwest quarter, section 28, township 38 north, range 7, E.N.M.P.M.

Graeser, a junior appropriator, brought this action against Haigler, the present owner of said ditch and water…