What are the Hallett Decrees, and do they matter to you?Will Davidson, Julia Guarino, Peter Nichols, Allan Beezley3rd Annual Congreso de AcequiasOctober 10, 2014

Goals of This Presentation

1. To provide a brief history of the Hallett Decrees

2. To update the community on the work we are doing on this issue

3. To invite you to share any historical information you have about the Hallett Decrees

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!

The 16 Acequias

1. San Luis People’s2. San Pedro3. Montez4. Vallejos5. San Acacio6. Cerro7. Francisco Sanchez8. Mestas

9. San Francisco10.Little Rock11.Torcido12.Abundo Martin13.Guadalupe Vigil14.J. M. J. Maez15.Pando16.Guadalupe Sanchez

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.

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

Name of Acequia 1889 Decreed Water Right Acreage irrigated by acequia Acres per 1 cfs

San Luis People’s 23.00 900 39.13

San Pedro 19.50 780 40

Montez 1.00 12 12

Vallejos 17.00 670 39.41

San Acacio 46.00 1,850 40.21

Cerro 40.00 1,586 39.65

Francisco Sanchez 12.50 490 38.4

Mestas 4.50 170 37.78

San Francisco 16.00 637 39.81

Little Rock 1.00 21 21

Torcido 1.00 33 33

Abundo Martin 3.50 138 39.43

Guadalupe Vigil 4.00 167 41.75

J. M. J. Maez 1.50 60 40

Pando 1.25 50 40

Guadalupe Sanchez 5.25 207 39.43

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.

Name of Acequia Water awarded by 1889 decree (cfs)

Water retained by parciantes (cfs)

Water awarded to Freehold (cfs)

Acres per 1 cfs of water retained by acequia (based on Hallett “decrees”)

San Luis Peoples 23.00 13.50 9.5 80

San Pedro 19.50 10.50 9.00 80

Montez 1.00 .25 .75 48

Vallejos 17.00 8.50 8.50 80

San Acacio 46.00 23.25 22.75 80

Cerro 40.00 22.50 17.50 80

Francisco Sanchez 12.50 6.25 6.25 80

Mestas 4.50 2.25 2.25 80

San Francisco 16.00 10.00 6.00 80

Little Rock 1.00 .25 .75 84

Torcido 1.00 .50 .50 80

Abundo Martin 3.50 1.75 1.75 80

Guadalupe Vigil 4.00 2.50 1.50 80

J. M. J. Maez 1.50 .75 .75 80

Pando 1.25 .65 .60 76.92

Guadalupe Sanchez 5.25 2.5 2.75 80

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:1. That the Hallett Decrees were binding

between the parties (like a sale of water rights)

2. BUT 1889 Decree governs the use of the water

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.

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

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.

Contact me:

• Julia Guarino • 203-246-6481• julia.guarino@colorado.edu