and prevent the passage of the water necessary to fill the dam, to which this convention has reference, the Government of the United States of America pledges itself to issue suitable orders, having recourse, if necessary, to the Congress of the United States of America in order to secure the enactment of the necessary laws, to the end that no new works or canals be constructed in the Rio Bravo del Norte and its tributaries in the part which passes through the territory of the United States of America, and that if constructed they shall not diminish the volume of water necessary to supply the dam, and for the establishment of a speedy and effective legal method of preventing the violation of the stipulations of this convention. ARTICLE VII. The two Governments shall appoint a mixed commission of engineers to determine the boundary line in accordance with the stipulations of this convention, and the line drawn by that commission shall thereafter be considered as the boundary line between the two countries. ARTICLE VIII. By way of compensation for the expense which the Government of the United States of America is obliged to incur in constructing the dam, for the territory which it cedes, and for the other expenditures referred to in Article III of this convention the Government of the United States of Mexico considers as settled all claims of Mexican ctizens against the Government of the United States of America based upon a lack of water in the Rio Bravo del Norte owing to its appropriation in the State of Colorado and the Territory of New Mexico, and renounces any other indemnity for such losses. ARTICLE IX. This convention shall be ratified by both parties in accordance with their respective constitutional modes of procedure, and the ratifications shall be exchanged at Washington as soon as possible. In testimony whereof the undersigned plenipotentiaries have signed and sealed it. Done in duplicate in the city of Washington in the Spanish and English languages this day of one thousand eight hundred and ninety-seven. Mr. J. H. McGowan et al. to the Secretary of State. Hon. RICHARD OLNEY, WASHINGTON, D. C., February 8, 1897. Secretary of State, Washington, D. C. SIR: We beg to state that we are the attorneys of the Rio Grande Dam & Irrigation Co. of the Territory of New Mexico. This company was duly incorporated under the laws of the Territory. In compliance with the laws of the United States and the laws of the Territory it has expended large sums of money in constructing a diverting dam at Fort Selden in order to turn a portion of the Rio Grande River into what is known as the Old Community ditches, this dam taking the place of the old dams heretofore used. The company has also expended considerable sums, as we understand, in preparation for the construction of a reservoir at Elephant Butte, a point on said river some miles above Fort Selden. It being the intention of the company to construct irrigation works, consisting of dams, reservoirs, and canals, on and along said river in the vicinity of Fort Selden and Elephant Butte of such extent and capacity as will furnish to the arid lands below the latter points an ample supply of water for the purposes of raising crops. To this end the company has already expended $25,000 or $30,000 and is preparing to expend $300,000 to $400,000 more. We are now informed that a treaty is in course of negotiation between the United States and the Republic of Mexico looking to the settlement of the question of an international dam across the Rio Grande River at or near the line which separates our country from Mexico for the purpose of ponding the waters of the river at that point for the use of the lands in both countries lying below. We are also aware of the correspondence between yourself and the Secretary of the Interior relative to the use of the waters of the Rio Grande in New Mexico for irrigation purposes; and that Colonel Mills, of the International Boundary Commission, has advised the cancellation of the approval of maps of our company, or if that cannot be done, then that our company be restrained from proceeding with its enterprise either by executive or legislative action, this advice of Colonel Mills being based on his allegation that if the Rio Grande Dam & Irrigation Co. was allowed to consummate its plans there would not be sufficient water in the river at El Paso to make the international dam a success. In view of the above statement we are apprehensive that a treaty between the United States and the Republic of Mexico providing for an international dam across the Rio Grande River at or near El Paso would be likely to contain some provision inimical to the project which our company has in view and has already entered upon with such large expenditure. We therefore respectfully request that in case it is proposed by treaty agreement or otherwise to carry out the advice of Colonel Mills, or any portion of it, touching our interest on the Rio Grande that we shall be notified and allowed a reasonable time to be heard in defense of what we claim to be our rights in the premises. Very respectfully, J. H. McGoWAN. The Secretary of State to Mr. J. H. McGowan et al. DEPARTMENT OF STATE, Washington, February 10, 1897. Messrs. McGowAN, HOLCOMB & KEEGIN, Attorneys at Law, McGowan Building, Washington, D. C. GENTLEMEN: I have to acknowledge the receipt of your letter of the 8th instant, stating that you are the attorneys of the Rio Grande Dam & Irrigation Co. of the Territory of New Mexico, and requesting that in case it is proposed by treaty, agreement, or otherwise between this Government and Mexico to construct an international dam across the Rio Grande River at or near El Paso, you be notified and allowed a reasonable time to be heard in defense of the interests of this company. I am, Gentlemen, Your obedient Servant, RICHARD OLNEY. The Secretary of War to the Attorney General. WAR DEPARTMENT, Washington, February 19, 1897. SIR: Under what purports to be authority for it to do so, granted in 1895 by the Secretary of the Interior, under sections 18 to 21, pages 1101 and 1102, volume 26, Statutes at Large, the Rio Grande Dam & Irrigation Co. claims the right to construct a dam across the Rio Grande River at Elephant Butte, in New Mexico, 125 miles above El Paso, and are about to do it. The Secretary of State has requested the Secretary of War to "adopt such measures as are most effective to open the river and to keep it open to such navigation as it is naturally capable of affording for commercial traffic between the States or between any portion of the United States and Mexico." The Permission to construct the dam has not been given by the Secretary of War, nor has he approved or authorized the same. mouth of the Concho River, which empties into the Rio Grande, is 325 miles below the site of the proposed dam, and this river is the first material addition to the Rio Grande's volume of water below that point. From the mouth of the Concho up to El Paso, a distance of 200 miles, the Rio Grande has been demonstrated to be a navigable water and used as such in interstate commerce, and it has been recognized by Congress to be a navigable water at El Paso. Above El Paso it does not appear to be used now for the purposes of navigation. But from El Paso up to and including the site of the proposed dam, and a good many miles beyond that point, it has been used to float logs for commercial and business purposes, and in this part of the river it carries a slightly greater quantity of water than it does at El Paso and for 200 miles below El Paso, the volume of water being decreased on this part of the river by evaporation and agricultural uses. And also in this part of the river above El Paso, and including the site of the proposed dam, the conformation of the bed and banks of the river are such as to make navigation, by reason of the deeper and more confined channel, more feasible than at El Paso. The proposed dam is to be such a one as will check the flow of water in the river at Elephant Butte entirely for a great portion, if not all, of the year and impound it, and also distribute it from that point for purposes of irrigation, so that the Rio Grande will be practically destroyed as a stream for many miles below Elephant Butte, and its volume of water so diminished as to materially affect its navigability throughout its entire course to the Gulf of Mexico. Your opinion is therefore requested as to whether under the existing state of the law there is any way for the United States authorities to prevent the construction of the said dam; and if so, what the remedy is. Very respectfully, DANIEL S. LAMONT, From Mr. Thomas J. Bull to the Secretary of State. Hon. RICHARD OLNEY, MESILLA, N. MEX., February 24, 1897. Secretary of State, Washington, D. C.: Please excuse the liberty taken in enclosing you a petition of citizens of the Mesilla Valley, Dona Ana County, N. Mex., and owners of lands and irrigation canals constructed and used for from 45 to 55 years past protesting against the Rio Grande Dam & Irrigation Co., who are now constructing a dam some 4 or 5 miles above the heads of our canals and diverting the water of the Rio Grande River from its natural channel and from the heads of our irrigation canals, undoubtedly with the intention of appropriating the water that belongs to your petitioners by priority of rights to themselves. Many of the parties interested in our canals think that the Government has authority to stop the damming of the river. If it can do so and will act promptly in the matter, it would be of great benefit, justice, and equity to hundreds of citizens in the Mesilla Valley. The company referred to is English and in my best judgment savors of fraud. Hoping you will excuse haste and imperfections, Very truly yours, [Enclosure.] THOMAS J. BULL. Hon. SECRETARY OF THE INTERIOR, Washington, D. C. Whereas a corporation known as the Rio Grande Dam & Irrigation Co., organized under the laws of England and known by your petitioners to be irresponsible for any damages done, is now endeavoring to divert the waters of the Rio Grande from the heads of the community ditches of the Mesilla Valley by constructing a dam or dams across the Rio Grande at or near Fort Selden; and Whereas such action would materially injure the lands now in cultivation in said valley and divert the water now obtained by the citizens of said valley from their ditches now in use. Therefore we, the undersigned, landholders of the Mesilla Valley, do most earnestly protest against the said action of the Rio Grande Dam & Irrigation Co., and urge that your department take immediate action looking to the protection of the interests of the landholders of this valley.1 From the Secretary of State to the Mexican Minister. No. 224. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your two notes of January 5 and 30 last, by the latter of which you inform me that you have been authorized to sign the convention-draft of which you enclosed-for the construction of an international dam on the Rio Grande. Accept, etc., 1 [This petition is signed by about 350 persons.-Agent's note.] RICHARD OLNEY. |