PROPOSALS FOR REGULATING THE DISTRIBUTION OF THE WATERS OF THE COLORADO RIVER 711.1216M/493 The Secretary of State to the Secretary of the Interior (Fall) WASHINGTON, August 2, 1921. SIR: I have received your letter of June 27, 1921,86 with which you forward copies of Senate Bill 1853 and "H.R. 6877", being bills relative to a proposed arrangement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming respecting the disposition and utilization of the waters of the Colorado River. You state that you thought it proper, in view of the international situation, to call my attention to these bills. The Senate Bill provides for the creation of a Commission to be composed of Representatives of the States mentioned and a Representative of the United States, appointed by the President, and to be authorized and constituted for the purpose of negotiating and entering into an arrangement, compact or agreement "between the said States and the United States " on the subject mentioned. The House Bill provides that the consent of Congress shall be given to the States mentioned "to negotiate and enter into a compact or agreement" to the end mentioned, provided that a person appointed by the President shall participate in the negotiations as a representative of and for the protection of the interests of the United States, who shall make a report to Congress of the proceedings had and of the agreement entered into. Each bill provides that the compact or agreement entered into shall not be binding or obligatory upon any of the parties unless or until it shall have been approved by the Legislature of each of the said States and by Congress. I observe that you state that you have advised the Chairman of the House Committee on Judiciary that you have no objection to the enactment of the House Bill and that you have informed the Chairman of the Senate Committee on Irrigation and Reclamation that the House Bill avoids objections which have been raised to certain features of the Senate Bill and that for this reason you recommended that the Senate Bill be amended to conform to the provisions of the House Bill. While pointing out that no request has come from Congress for this Department's views concerning either of these Bills, I may Not printed. observe that since they seem merely to lay the foundation for negotiations with a view to the conclusion of an agreement which to be binding must be approved by Congress, and inasmuch as a representative of the United States is to be included among the negotiators, I see no reason at this time, from the standpoint of international relations, to object to the measures. Thanking you for your courtesy in calling the matter to my attention, I have [etc.] 711.1216M/497 For the Secretary of State: The Mexican Embassy to the Department of State [Translation $7] At a meeting held on the 17th of March, 1920, at the Trinity Auditorium in Los Angeles, California, by the Chamber of Commerce of that city, and attended by representatives of the so-called League of the Southwest of the United States, Their Excellencies the Governors of the States of Arizona, California, Colorado, Idaho, Oklahoma, Wyoming, and also some high representatives of banking, commerce, and politics, and the Honorable the President of the Senate of the United States, it was unanimously resolved to support five motions, one of which was that the Government of this country should come to an agreement with that of Mexico to have them both contribute equitably to the expenses that will be involved in the utilization of the waters of the Colorado River for irrigation purposes and motive power. The Chamber of Commerce of Los Angeles communicated in advance to the Government of the Northern District of Lower California, the desire to have the interests of Mexico represented by Mexican delegates; and in compliance with that desire, in an informal manner-owing to the fact that, the question being one of international interest, the invitation should not have been extended through the Government of that district-the said meeting was attended by an agent of that district and the chief engineer of the Mexican Colorado River Irrigation Commission. As soon as the Mexican authorities concerned heard of the foregoing, the Secretary of the Embassy of Mexico, in compliance with instructions which had been sent to that effect, applied in person on two different occasions (the 14th of November, 1920, and the 3rd of March, 1921), to the Chief of the Division of Mexican Affairs of 37 File translation revised. the Department of State and communicated the foregoing to him orally with the request that with respect to the treaties in force, and considering that Mexico holds, in the distribution and the utilization of the waters of the Colorado River, rights in common with the United States, the rights of Mexico be given due consideration in any future conferences or agreements, in reply to which the Chief of the Division, also orally and in his personal capacity, said to the Secretary of the Embassy, first (on November 14), that the Department of State had no official knowledge of the meeting above referred to having been held, and later (on the 3rd of March), when the Secretary gave him further particulars about that meeting, that the Department would in due course acquaint the proper Mexican authorities with the steps that might be taken in the future and which might affect the rights held in common by Mexico and the United States over the waters of the Colorado River. Later, the Embassy heard that in June 1921, on the initiative of one of the Honorable Representatives from the State of Wyoming, there was introduced in the House of Representatives of the United States a bill which affected the interests considered at the meeting held in Los Angeles, California, and ultimately, that the Congress of this country on August 19, 1921,38 passed an act "authorizing an agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, relative to the disposal of the waters of the Colorado River . 8999 Inasmuch as the rights of Mexico were not taken into consideration therein, the Embassy of Mexico, confirming in this formal manner the representations heretofore made orally by its Secretary, has the honor to apply to the Department of State and to ask that Mexico be duly represented and given consideration as a party in the studies and projects that may be undertaken or the arrangements that may be made concerning the distribution and utilization of the waters of the Colorado River, in view of the fact that the questions relative to that river, apart from involving serious phases of a technical nature, are essentially of international policy, for as long as Mexico and the United States shall not have framed a final agreement definitely stating the rights and obligations with respect to the conservation of the stream of the river, the utilization of its waters as a way of communication, its use for irrigation purposes and motive power, and the manner of protecting the land of both countries from the danger of flood, neither party can particularly put into practice any project whatsoever, without a breach of the existing international treaties. Act approved by the President Aug. 19, 1921; for text, see 42 Stat. 171. "Omission indicated in the Embassy's note. On this occasion the Embassy of Mexico takes pleasure in renewing to the Department of State the assurances of its most distinguished consideration. WASHINGTON, October 15, 1921. 711.1216M/498 The Mexican Embassy to the Department of State [Translation 40] On Saturday last-the 22d of this month-the Embassy heard that on the 27th there would be held at this capital a conference that was to pass upon the pending questions relative to the distribution and use of the waters of the Colorado River, and the Secretary of the Legation immediately hastened to make the information known, by telephone, to the Chief of the Division of Mexican Affairs of the Department of State, begging him, if the information were correct, to see that the legitimate rights of Mexico in the settlement of those questions be borne in mind. The Chief of the Division of Mexican Affairs kindly told the Secretary of the Embassy, by telephone also, that he had no knowledge that the above-mentioned conference was to be held but would make inquiries on the subject and would communicate in good time all pertinent information. Later, the Embassy of Mexico heard that a conference of representatives of seven States and of the Government of the United States of North America was about to meet somewhere in the West of this country, to discuss and propose the storage and distribution among those States of the waters of the said Colorado River and of the power that might be derived from them. In the short space of time available to the Embassy it could not ascertain whether through some error of one of its informants the report it had received related to one and the same conference or whether there were actually to be two conferences, one in this capital and the other somewhere in the West; but in either case the Embassy, under instructions of an urgent character which it has received to that effect, has the honor to have recourse to the Department of State to the end that, in consideration of the fact that Mexico holds interests and rights that are established beyond question over part of the waters of the Colorado River, by virtue of the original boundary treaties and of the actual use it makes of those waters on a very large scale, Mexico be allowed to take in the said conference or conferences the part that belongs to it by right. In doing so, the Embassy of Mexico ventures to bring to the special "File translation revised. notice of the Department of State that the greater part of the land benefited by the waters of the river is owned by American companies or citizens, to whom it is the Mexican Government's duty and desire to extend, as demanded by the treaties and the invariable sentiments of equity and courtesy that have ever animated it, the same protection as it accords to the national companies and citizens of the Republic. The Embassy feels sure that this request will be given the proper favorable attention and respectfully asks the Department of State kindly to furnish it as promptly as may be necessary with full information as to the place or places where the conference or conferences above referred to will be held, the date, and any other pertinent information. On this occasion, the Embassy of Mexico takes pleasure in renewing to the Department of State the assurances of its most distinguished consideration. WASHINGTON, October 24, 1921. 711.1216M/498 Memorandum by the Acting Chief of the Division of Mexican Affairs, Department of State (Hanna) [WASHINGTON,] October 24, 1921. I advised Mr. Téllez by telephone today that such a conference as is referred to herein 1 is contemplated, but that it probably will not meet before about December 1 next, and that I understand that it will treat of domestic matters only. I added that the matter has been referred to the appropriate department for more particulars, and that he will be advised more fully at a subsequent time. M[ATTHEW] E. H[ANNA] 711.1216M/498 The First Secretary of the Mexican Embassy (Téllez) to the Acting Chief of the Division of Mexican Affairs, Department of State (Hanna) [Translation] WASHINGTON, October 31, 1921. ESTEEMED MR. HANNA: With reference to information received at this Embassy, and which I communicated to your Department in note verbale of the 24th, I have just been informed that on the "Note from the Mexican Embassy to the Department of State, Oct. 24, 1921, supra. |