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What are the Hallett Decrees, and do they matter to you?

What are the Hallett Decrees, and do they matter to you?. Will Davidson, Julia Guarino, Peter Nichols, Allan Beezley 3 rd Annual Congreso de Acequias October 10, 2014. Goals of This Presentation. To provide a brief history of the Hallett Decrees

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What are the Hallett Decrees, and do they matter to you?

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  1. What are the Hallett Decrees, and do they matter to you? Will Davidson, Julia Guarino, Peter Nichols, Allan Beezley 3rd Annual Congreso de Acequias October 10, 2014

  2. Goals of This Presentation • To provide a brief history of the Hallett Decrees • To update the community on the work we are doing on this issue • To invite you to share any historical information you have about the Hallett Decrees

  3. What are the Hallett Decrees? • A set of settlement agreements • Between parciantes on 16 Rio Culebra acequias and Freehold Land and Emigration Company • Entered in federal court by Judge Moses Hallett on July 17, 1900 • A source of confusion since then!

  4. The 16 Acequias • San Luis People’s • San Pedro • Montez • Vallejos • San Acacio • Cerro • Francisco Sanchez • Mestas • San Francisco • Little Rock • Torcido • Abundo Martin • Guadalupe Vigil • J. M. J. Maez • Pando • Guadalupe Sanchez

  5. The Sangre de Cristo Land Grant • 1844: Mexican government gives Sangre de Cristo Grant to Carlos Beaubein of Taos. • Early 1850s: Settlers in the San Luis area begin irrigating with acequias. • Early 1860s:Beaubien grants vara strips to some of the early settlers of the San Luis area. • 1870: The United States Freehold Land and Emigration Company purchases the remaining un-occupied land in the Costilla Estate - the southern part of the Sangre de Cristo Grant.

  6. 1889: The First State Water Rights Adjudication on Rio Culebra • Decree issued June 14, 1889 • Most acequias were awarded 1 cfs of water per 40 acres based on historic use of the water • Freehold only appeared as one of the claimants on the Montez Ditch

  7. The Hallett Decrees • After the 1889 decrees were finalized in state water court, Freehold filed a lawsuit in federal court against the acequias claiming that they owned the water because they had purchased the unoccupied parts of the Costilla Estate (Spanish Land Grant) along the Rio Culebra. • After ten years fighting in court, Freehold and the acequias settled, and the federal court approved the Hallett decrees.

  8. Vigil v. Swanson (1917) • A group of parciantes sued the State Engineer to prevent him from enforcing the Hallett Decrees • The local state court judge found: • That the Hallett Decrees were binding between the parties (like a sale of water rights) • BUT 1889 Decree governs the use of the water

  9. What does Vigil v. Swanson mean for the Freehold Hallett Decree rights? • We’re working on that figuring out! • It depends on… • what has happened since then, • and who owns the water now.

  10. Who owns the Freehold Hallett Decree rights? • 1900 - 1902: Freehold Land & Emigration Co. • 1902 - 1908: Costilla Land Investment Co. • 1908 - 1909: Costilla Estate Development Co. • 1909 - 1956: San Luis Power & Water • 1956 - present: we’re working on figuring that out

  11. What’s next? • We are working on figuring it out, and we are determined to get to the bottom of it! • Do you have any historical information you want to share with us? We would love to talk to you.

  12. Contact me: • Julia Guarino • 203-246-6481 • julia.guarino@colorado.edu

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