Jaquez Ditch Co. v. Garcia

Citations

• 17 N.M. 160
• 124 P. 891

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Where the question, involved was whether a certain arroyo was or was not a natural water course, and the court helow found “that the arroyo was not a permanent or natural stream or water course in which water runs during the entire year, being a dry arroyo carrying only such waters as may he designated as surface or flood waters,” :and dismissed the cause on this ground: Held error.</p> <p>2. Where surface water in a hilly region or high bluffs rseeks an outlet through a gorge or ravine during the rainy .season and by its flow assumes a definite and natural channel, and such has always been the case so far as the mem■ory of man runs, such accustomed channel through which 'the water flows possesses the attributes of a natural water course. The flow of the water need not be continuous, :and the size of the stream is immaterial.</p>