Page 10 THE BATTALION
THURSDAY, APRIL 23, 1981
State
N. Mexico-El Paso water feud to be settled in cout^w
United Press International
SANTA FE — A water rights
battle between New Mexico and
El Paso Tuesday moved a step
closer to the courtroom when the
state engineer ruled the thirsty
Texas city could not have New
Mexico’s water.
That ruling, issued as a memor
andum opinion by State Engineer
Steve Reynolds, sets the stage for
a legal challenge to a provision of
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New Mexico’s constitution that
prohibits the out-of-state trans
port of the state’s water.
El Paso sued New Mexico in
September 1980, claiming it
needed the water—most of which
would come from the lower Rio
Grande River underground water
basin in Dona Ana County — for
its continued growth and well
being.
Besides the suit, El Paso filed
266 applications to appropriate
annually 246,000 acre feet of water
in the Lower Rio Grande basin
and 60 applications for 50,000 acre
feet from the Hueco underground
water basin. Both those applica
tions were filed in September
1980.
But U.S. District Court Judge
Howard Bratton of Albuquerque
ruled in February 1981 that the
issue was not ripe for a trial since
New Mexico had not rejected El
Paso’s claim for water.
By filing the applications, El
Paso set the stage for the trial,
since it appeared inevitable that
the state would refuse the request
for water based on its constitution
al prohibition on the out-of-state
use of its water.
Reynolds had said he would
adhere to the regular procedures
for processing the applications.
but later changed his mind. In a
six-page memorandum opinion,
he said he “has concluded that the
use of New Mexico’s public waters
in another state, as proposed by El
Paso’s applications, would consti
tute a violation of the New Mexico
constitution.”
For that reason, Reynolds said,
the applications should not be
issued.
And, he said, the New Mexico
consititution provides that “be
neficial use shall be the basis, the
measure and the limit of the right
to the use of water. ”
“Because the state cannot con
trol the nature and manner of use
outside its boundaries,” Reynolds
wrote, “this provision must be
construed to prohibit use of the
E ublic water outside the state’s
oundaries. ”
Reynolds also said a pre-
hearing conference in Las Cruces
in March convinced him that “a
protracted time schedule would
be necessary before a hearing
could be held on the El Paso appli
cations and that the cost and delay
thus occasioned subsequent New
Mexico applicants would be leng
thy and inordinate.”
Thus, the ruling was made to
expedite the legal question of
whether one state can claim
another state’s water.
His ruling also cited legal! •
historical sanctions on thecJ l W
water. “This history of ^
inent of the legal status ofpijB
waters and the congressional p
thorized and judicially sancfcr >
prerogatives of the ini’'
states in the allocation and
agement of rights to thet
public waters convinces
r(
WASHING!
over Israeli pr
radar planes to
rious deterion
(portions of) the New Mexiojr caused largely
stitution preclude the
of the public waters of New)!
ico outside of its borders,
therefore, the above-styledaj
cations of the city of El Paso
hereby denied,” he wrote,
Ag hearings seek info on legislation
That reason
tration’s explan
day. Reagan is
does not agree I
spokesman sail
The sale is
eterioration o
East and the P(
United Press International
LUBBOCK — Farmers faced
with soaring interest rates, in
creased costs of production and
low prices for their products won’t
be in business next year unless the
1981 crop is an abundant one, a
loan officer has told a U.S. House
Agriculture Committee hearing.
“If farmers don’t get maximum
production this year, they won’t
be back like the sparrows next
spring,” Cleve Littlepage ofTaho-
ka, an official of the Production
Credit Association, said Tuesday.
The remark was made at one of
three hearings being conducted in
West Texas with U.S. Texas Reps.
Kent Hance, D-Lubbock; Charles
Stenholm, D-Stamford, and Jack
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MSC, Sbisa, Commons, Duncan
Hightower, D-Vernon, and Rep.
Arlan Stangeland, D-Minn.
Charlotte McLaughling of
Petersburg, president of the Texas
chapter of Women Involved in
Farm Economics, said the losses
farmers have incurred as a result
of the halt of grain sales to the
Soviet Union should be the re-
sponsiblity of all taxpayers.
Stangeland brought applause
from the 300 people present when
he agreed, saying: “If the embargo
is in the national interest, all tax
payers should take the responsib-
lity. Agriculture should be treated
as the defense establishment is.”
Purpose of the hearings, held in
Abilene on Monday, Lubbock on
Tuesday and Amarillo on Wednes
day, is to gain input on a proposed
agricultural legislation package.
which the Senate will begin con
sidering later this month.
James Stair of Plainview, Texas
chairman of the American Agricul
ture Movement, reiterated the
organization’s belief in parity,
asking the committee to consider
the formula as a “prescription for a
sick agriculture.”
“The world only wants food
from America now,” he said. “And
foreigners don’t respect us for sell
ing our commodities for less than
the cost of production.”
Carl King of Dimmitt, presi
dent of Texas Com Growers, said
the federal disaster program
should be extended as an alterna
tive to Federal Crop Insurance,
adding, “It will be a disaster if
there is no disaster program.”
If the government is to tie cost
of production figures to various
farm programs, the cost of land
should be included, said Robert
Green of Hartley, vice president
of the Grain Sorghum Producers
Association.
About half of the grain sorghum
grown in the United States, he
Texas prison changt
monitor is optimism
threat to our fi
ther pressure
retary Larry S
Opposition ’
“It’s a seriot
Middle East, r
said, is produced on rented t!- all that I can to
which greatly affects the m ‘ D-Mass.
production. Chairman F
“The only way consumed Senate Foreig
ever take the current probfa Middle East c
riously is if they go to thegm dieted it faces
store one day and find thesW Sen. Edwar
empty,” Stenholm toldthegra supporter of 1:
legitimate Sau
sive weapons
the security of
die East. ”
But Sen. Cl
Foreign Relat
r
\
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SPECIAL NOTICE
United Pres*
NEW YORK
Optional Board Plan
Summer Students may dine on the board plan during the First session
of summer school at Texas A&M University. Each board student may
dine three meals each day except Sunday evening if the seven day
plan is selected, and three meals each day, Monday through Friday, if
the five day plan is preferred. Each meal is served in the Commons.
Fees for each session are payable to the Controller of Accounts, Fiscal
Office, Coke building.
Board fees for each plan are as follows:
Plans First Session
Seven Day - $171.43 Jun 2 through Jul 2
Five Day - $145.29 and
Plus Tax ^ Jul 6 through Jul 8
Day students, including graduate students may purchase either of the
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United Press International
HOUSTON — The Tyler native chosen by U.S. District
William Wayne Justice to monitor state compliance with hismasfl]
prison reform order says he is optimistic about his mission.
However, Vincent M. Nathan, who has supervised three
penal reform cases, says he is not sure how long it will take toi®)
ment the reforms.
“I don’t expect it to be over in a month, but I expect it to be less
a lifetime. I am certainly optimistic that, whatever the needed cl
are that the judge has ordered, they will be made,” he saidTuesfc
Nathan, a Toledo, Ohio, lawyer, was appointed Monday as sp&4f y 0un g Cathol
master to monitor state compliance with Justice’s instructions to if the pope is ini
duce overcrowding, increase inmate security and improve condili than 90 p erc
in Texas prisons. church’s anti-bir
He has performed similar roles in penal reform cases in the Lib survey shows.
County, Ohio, jail and in Ohio and Georgia state prisons. The sampling
“I will monitor the efforts to carry out the orders, but I will noth; Canadian Cathc
any administrative authority myself,” Nathan said. ages of 14 and G
He described his role as acting as “the eyes and ears of the court a 17 percent feel
keeping up with state compliance. Relations are wr
Justice gave Nathan extensive authority to inspect prisons, loon C. McCready re
prison records, confidentially interview prison officials, employ^ the78th annual
and inmates, and to hold limited hearings to gather informational tional Catholic I
Texas prison reform. tion.
Nathan, 43, who grew up in Dallas, said the Texas case “isthem»f And only 1
sweeping (of cases he has monitored) in that it is a systemwide cast with the church
The others involved single institutions.” vorced people
Nathan, a graduate of the University of Oklahoma law school aA with the churcl
16-year law professor at the University of Toledo, was appointed^: Although 44
monitor court-ordered reforms in the Marion, Ohio, state prison: sin to miss mas
1975. attend on a wc
He later was appointed to monitor compliance with court 1
orders in the Lucas County Jail in Toledo, Ohio, and in 1979 took os*
the special master’s role in the Reidsville, Ga., state prison s
“It’s not a problem unique to Texas,” Nathan said. “It’s happen^
all over the country. It’s very, very hard to run an institution the
corrections people want, and need, for them to run.”
Justice ordered the state to deposit $150,000 with the court as 1
downpayment on Nathan’s $95-an-hour fee and his costs.
Texas Attorney General Mark White has said he will appeal Justin
order — including his appointment of Nathan — to the U.S. Supra®
Court if necessary.
four attends on
The ma;
the ch
vrongfulness”
tions.
Most also
church’s teachi
mand is wrong
cent objected t<
hirth control is
Sixty-four pe
lieved in life a
rcent of the r
Boy
dies in class
despite rescue tries
jee the pope
| he speaks on n
horals.
“One can cE
ction of do<
eaching in tw
AcCready sai
iinded by thi
urabus.
medics were unable to revive W “The first is
An autopsy was to be performed j not feel comp
determine the cause of death church when
it, since they a
Roger’s father, Carl
said his son’s health had
United Press International
DALLAS — A 14-year-old boy
collapsed during his history class
and died despite efforts to revive
him with oxygen and stimulants.
Roger Woodall, an eighth grad
er at L.V. Stockard Middle ce fi ent -
School, had been given a routine
physical examination by a nurse ....o
Tuesday four hours before he died had absolutely no idea this c# ing further anc
and showed no signs of illness. 1 1,1 J * J —‘-~ J u -- *-
The boy fell moaning from his
desk during the final class of the
day and the school nurse and para-
“He was feeling great
weekend and this morning s®
function withi
takes a differe:
own,” he said.
“However, 1
values of the la
happen,” Woodall said. "He’si
had in the world. To my knff
ledge he was the very best
kids.”
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