Pecos Country History
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Daily Newspaper and Travel Guide
for Pecos Country of West Texas
Monday, November 23, 1998
Bunton decides against Tiguas' suit over land
EL PASO (AP) -- A federal judge has dismissed a lawsuit by
the Tigua Indian tribe, ending the tribe's latest attempt to
claim a large tract of land east of El Paso that it claims
was stolen from it.
U.S. District Judge Lucius Bunton ruled that the tribe
cannot sue the El Paso Water Utility District because the
11th Amendment grants states and their agencies immunity
from litigation in most cases.
The Tiguas filed the lawsuit against the water district in
Pecos earlier this year in an effort to eject the utility
from what they claim is property granted to the Tiguas by
Spain in 1751 and occupied by the tribe since the 1600s.
They claimed that the water district, which provides
irrigation for 34,000 accounts held by residents and
farmers, has trespassed on more than 72 acres of their land.
``The Indians came down in here in 1680,'' Tom Diamond, a
lawyer for the tribe, told the El Paso Times for a story in
Sunday's editions. ``They were given a land grant, acquired
the land through aboriginal claims and then lost the lands
through the connivance of the state of Texas. And now they
Jim Spear, lawyer for the water district, declined to
discuss the case in detail.
The Tiguas have 30 days to appeal the dismissal.
Diamond said he plans to appeal to the Fifth Circuit Court
of Appeals in New Orleans on the contention that some case
law not cited by the judge supports the tribe's claim that
the utility can be sued.
Since the Tiguas want to appeal, plans for a new housing
development on the tribe's land will have to be put on hold.
The water district refused to give the Tiguas a
city-required permit to make routine crossing of an
irrigation ditch to the development. It was decided that the
permit would not be approved until the district knew the
outcome of the lawsuit.
In another legal maneuver to stake a claim to the dozens of
acres in question, the tribe has intervened in a lawsuit
filed by the U.S. Bureau of Reclamation in a New Mexico
federal court. A ruling in that case could affect water
rights in several regions, according to the Times.
Christmas for Kids nets $1,500
By PEGGY McCRACKEN
Thanksgiving is in order for Saturday's fund-raising drive
that netted more than $1,500 for Christmas for Kids.
Sophia Baeza, coordinator, said that cheerleaders, Reeves County Explorers and the Youth Advisory Commission stopped
traffic at busy intersections to accept donations.
"I am very happy with the kids and the community," said
Baeza. "In other years we have gone over $2,000, but we were
short of help."
Funds are used to purchase clothing for children, and
business owners have been cooperative in giving discounts to
stretch them, Baeza said.
"You can only do so many," she said. "We have 400 to 500
children to outfit, plus the food, school supplies and
medication we distribute. If there are more applications
than money, it is first come, first served."
Baeza has set a deadline of Dec. 5 for applications from
parents whose children qualify for the program.
"The response from the community has been excellent, from
businesses and individuals," she said. "The community comes
through for us every year. We are a small town, but we are
First meeting of new board set
Orientation for the appointed directors of the new Pecos
Economic Development Corporation, Inc. includes a review of
the proposed 4A Development Corporation by-laws. They will
meet at 6:30 p.m. today in the Security State Bank's snack
bar on the second floor.
Pecos City Council discussed the proposed by-laws in a
special meeting Wednesday and made several changes. They
will adopt the by-laws after the board has offered their
Other agenda items for the "unofficial" meeting include
review of the proposed 1999 budget, list of office equipment
needs, employment of a temporary administrative assistant,
review of strategy for 1998-99, the Texas Leverage Fund,
Wal-Mart grant, publish demographics and other discussion.
Gari Ward, president, posted the agenda Friday. All meetings
of the board and its committees are open to the public.
No action can be taken on any of the agenda items, because
the corporation's articles have not yet been approved by the
state, Ward said.
The committee was created following approval by Pecos voters
on Nov. 3 of the 4A Sales Tax proposal, which directs
one-quarter cent of the city's 1 1/2 cent sales tax towards
Donald Fred Clark Jr.
Donald Fred Clark Jr., 65, died Sunday, Nov. 22, 1998, in
the Comanche Community Hospital. Services will be at 2 p.m.
Tuesday in the Hall and Sons Funeral Home Chapel, with
interment in Union Cemetery near Gustine.
Mr. Clark was born Oct. 29, 1933 in Gonzales. He was a
retired geophysicist for Mobil Oil Co. with 37 years of
service; a veteran of the U.S. Army and a Baptist.
Survivors include his wife, Winnie Clark, of Gustine; two
sons, Thomas Glenn Clark of Waxahachie and Mark Edward Clark
of Mineral Wells; two step-sons, Ronnie Lee Sandell of Pecos
and Rickie Dean Sandell of Brownwood; one step-daughter,
Rhonda Sue Wade of Pecos; two sisters, Joan Manning of
Brenham and June Jansen of Bells; one brother, Tom Clark of
Foreston; 10 grandchildren, seven great-grandchildren and
four great-great grandchildren.
The family requests memorials be made to the American Cancer
Society, Comanche Unit, 804 W. Wright, Comanche, Tx. 76442.
Charlie N. Millan
Funeral services are incompete for Charlie N. Millan, 82,
who died Sunday, Nov. 22, 1998, at Reeves County Hospital.
Services will be under the direction of Pecos Funeral Home.
High Sunday 82; low last night 42. Tonight, fair. Low near
40. East to southeast wind 5-10 mph. Tuesday, partly cloudy.
High in the mid 70s. Wind becoming southwest 5-15 mph.
Thanksgiving Day forecast, mostly sunny. Low in the mid to
upper 30s. High in the lower to mid 70s.
Ned Cantwell, Publisher
Division of Buckner News Alliance, Inc.
324 S. Cedar St., Pecos, TX 79772
Phone 915-445-5475, FAX 915-445-4321
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Copyright 1998 by Pecos Enterprise