The herald., 1895-04-23
AN INTERNATIONAL QUESTION

The Las Vegas Optic states that at the
| international irrigation congress to be held
| at Albuquerque in September next, it is
arranged to have discussed the rights of
Mexico to the waters of the Rio Grande
river for purposes OF irrigation. Senior
Ybarola, who represented that republic
at the Denver congress, raised this ques
ton, and as reported intends to present
it for consideration of the Albuquerque
congress. General Clarke of Texas and
General Sheldon OF Pasadena have been
selected to represent the United States in
the discussion.
From FL Paso to the Gulf of Mexico the
Rio Grande forms the boundary between
the two countries, the jurisdiction of each
! extending to the center of the river from
their respective sides. There is no other
case, so far as we are informed, which
presents this precise question. IL num-
| erous instances rivers constitute bounda-
ries between nations. but not between
countries which use their waters for irri
cation. Where the river is navigable the
adjoining countries have an equal right
to its use for transportation purposes, but
in no case has the question OF tax ing
water out of the river been raised. 1t GER
tainly cannot be done to an extent that
would interfere with navigation. The
Rio Grande is not navigable at Ell Paso
nor for a long distance eastward. That
each country is entitled to one-half the
water for irrigation at and beyond the
point of junction of the two countries on
the river will hardly be controverted.
The complaint of Mexico is that the peo
pie of Colorado and New Mexico use so
much of the water for irrigation that
there is little left for the people at and
below Ell Paso. The proposition is to
make such distribution of the water
that the Mexican people will get larger
share.
The treaties of Guadalupe Hidalgo
and Gadsden purchase conveyed to the
United States the territory of New Mex
leo and part of Colorado without any res
ervation whatever. The water of the
Rio Grande is supplied from the clouds
and falls in rain and snow. The water
in the river above Ell Paso is supplied in
Colorado and New Mexico, and clearly
while it is passing through that state
and territory the people have a qualified
property in it. the same as man has
qualified property in animals fera natu-
ra while they are upon his land. AS
soon as they are captured and converted
to use property in them bceom es abso-
lutte. so it would seem to be with water
that is passing along stream. The peo-
pie along its borders may appropriate it
for legitimate uses.
Until the water of the Rio Grande
reaches the point where the river becomes
the boundary between the two countries
the Mexican people have no pc sessory
right, not even qualified property in it.
The volume that reaches Ell Paso is very
much less than formerly, owing to extern
not distant in all probability when very
! little will find its way to that point except
! in flood time. 1t is a hardship upon the
Mexican people, but not more so than
upon the people of Texas who live along
thu Rio Grande. On principle, however.
! there seems to be no way in which relief
can be granted, or in other words no
right which Mexico can assert.
We're the United States disposed to con-
cede a larger volume. and should treaty
| to that effect be made, its enforcement
would be impracticable if not i'm possible
/ 1t would seem to be right for the people
of California and New Mexico to make
use of the water which is supposed to be
| supplied by nature within their respect
i've jurisdictions. To limit that use for
the sake of comforting benefits elsewhere
would not advance the interests of the
human race. 1t would be taking from,
| one what is essential to his existence and
welfare and giving to another. 1t is un-
| fortunate that there is not sufficient vol
ume in the Rio Grande to supply the irri-
! gable lands in New Mexico and Texas
without taxing from the people who live
higher up on the river. Justice de-
| mands that there should be no wanton
, use of the water and the Rio Grande be-
ing an interstate and international
stream. it may be that there is power in
the general government to regulate the
distribution of the waters; but whether
it has such right OF not. the states should
adopt some system that will prevent
waste. Water in the arid region is a
most essential element and the policy
everywhere should be to utilize it to the
greatest advantage of the largest possible
number of people.
THE MUNICIPAL CREDIT