Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-05-21


served that the obstruction to navigation
may result not from the intervention of
the dam across the river, but also from
the diversion of the waters, leaving an in
sufficient quantity below the dam for the
purpose of navigation"
After this letter was written the depart
ments were sealed to tho corporations
attorneys at Washington on this question
and they could not ascertain what was
being done. Now the question energies
from this secrecy with the decision Of the
new attorney-genersl, according to the
Associated Press, of day or two since,
that the Rio Grande is a navigable stream
in New Mexico and those who construct
or maintain dams therein for purposes of
irrigation are liable to have their dams
destroyed and be criminally prosecuted
and ordering procedure to that effect
against the Rio Grande Dam q Irrigation
company. The decision is an absurd one,
if made as reported, and impossible to
inforce, 90 the court must be rescrted to
in the enforcement thereof and the gov
eminent compelled to produce in broad
daylight its evidence that the river is
navigable one; but whether enforceable
or not; the mere absurd contention of the
government to that effect will be sufi.
cient, doubtless, to scare off all the capt.
tai which has been SO planning for New
Mexico's development. The gravity of
this contention cannot be too greatly
magniied. The danger of this claim is
not limited, if granted, to the destruction
of all the irrigation systems located on
the Rio Grande in New Mexico and Colo
RADIO, but to every such located on any of
its tributaries as we'll, under the oonten-
tion of the secretary's letter as quoted
above, that sit must be observed that the
obstruction to navigation may result not
only from the intervention of the dam
across the river, but also from the diver
sion of Its waters leaving an insufficient
quantity below the dam for the purpose
of navigation"
Application for dam and reservoir sites
on all tributaries of the Rio Grande are
now suspended and, if the spirit of this
decision maintains, will be shortly rejected
and such prohibited. 1t will be within
the right of the War department to destroy
all such and all now existing in the main
channel, no matter how far above the
point of navigation. We need not xpect
the devastating result of this doctrine, if
the government should be able to maintain
it, to fall upon Colorado and New Mexico
alone, but its principles can be fitted to
nearly every stream in the west.
Certainly the Gila, Pecos, Animas, and
all others running into streams of any
size, and finally emptying into the
Colorado or Rio Grande can be included.
okri1 tho obi
that this doctrine of the illegality of a
dam in New Mexico, because detrimental
to navigation, is asserted in order that
the government may comply with plan
to build a dam in the state of Texas
across the same river. 1t may also strike
the observer as peculiar that the Mexican
government bjects to dams being built
wholly within the United States because
it interferes with navigation when the
City of Juarez maintains dam across
the same river at that point. The fact is
the whole contention is miserable and
thinly yelled subterfuge on the part of
our government to intimidate private
enterprise, which, according to the con
tention of those having the ear of the de-
partments at Ell Paso, is inimical to their
interests, and as such it disgusts one in
terested in the welfare of his country.
Under the decision of the attorney gem
eral in this case the state Of Colorado and
the territory of New Mexico become
conduit through which the waters gath
cred on our mountains and plains may
run to aliens, but which our own citizens
dare not USE. AS stated above, the deoi.
sion cannot be enforced because it is not
in accordance with law, but it serves to
warn US of danger that is lowering over
the prosperity of this territory and of
Colorado to those enterprises now resting
upon the basis of irrigation from the
water of this river and it's tributaries,
which is all the more real because its chief
features would be the subject of laws
made especially to fit the case. That
danger is this: There is resting in the
state department at Washington the draft
of proposed treaty between the United
States aud Mexico, which is now being
considered by the two governments, in
which 1T Is proposed to insert clause
forbidding any diversion of the waters of
the Rio Grande or any of its tributaries
in the United States. If this treaty ia
submitted and ratified it will become
law that no such diversion can be made.
Against the ratification of treaty EN-.
bracing such proposition Colorado and
New Mexico must stand as a unit and de-
feat it if possible. Our representative in
Washington, Hon. H. B. FERGUSON, is
bending every energy in it's opposition.
He has at last secured promsie of
hearing before the treaty shall be SUBJ
mitted to the senate, but we must organ
ize and go to his aid, if not now, at least
before the senate considers the measure,
or leave to him alone certainly the fate of
OF New Mexico, because, in my opinion,
her doom is sealed when such treaty is
and largely the interests of
Colorado. Will the powerful senatorial
influence Of our northern neighbor come
to our assistance in this time of danger
to the prosperity of both common
wealthsf The Mexican government is
pushing hard and state department
none to closely allied to our interests, is
yielding to it's claims. There is none too |
much time IN which to act.
W. A. HAWKINS.