El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-22
FINDINGS in
The DAM CASE
Presented BY Mr.. ChiIders In
the Court At Las Cruces
JUDGE FALLS ARGUMENT
He Contends That the Government
Cannot Take the Waters of the
Rio 6rande Without Working
the Ruin OF All Interests.
pecial Correspondence Of the HERALD.

pecial Correspondence Of the HERALD.
LAS CRUCES, N. M, Dec. 21.-The
following is summary of the state
ment Of findings in the Elephant Butte
dam case, presented by Mr.. Childers.
and also the leading points of Judge
Falls argument:
STATEMENT OF FINDINGS.
!. That the increas ed use of water for
irrigation purposes in Col Orado per
annum, during the last 10 years, has
diminished the mean flow of the Rio
Grande at Ell Paso by as least 1000
second feet per day for 100 days dur
ing the irrigation season, or 200, 900
acre feet per year.
2. That since the commencement of
tbs use of water for irrigation in
Colorado the evidence in the case
shows a steady decline IL the naviga-
BILE capacity of the Rio Graude from
Rio Gran1e City to Brownsville, Tex
as, SO that now the said river for a con-
siderable part of the year is not sus-
ceptible of navigation, and navigation
is at almost all times attended with
much difficulty.
3. Drouth in the last ten years, es-
pecially from 1891 to 1894, in the vi
cinisy of the head of navigation
has had considerable effect upon the
nsvigable capacity of the stream.
4. That there is no evidence from
which the court can estimate the ex-
tent, or that there has been any per-
mauent change in the amount of rain
fell in said region, or as to the amount
of such effect since the commencement
of this suit in May, 1897.
5. That as matter of fact the Rio
Grande is na7igable from Brownsville
TO Rio Grsnde City. Texas, III
miles.
6. That from the undisputed evidence
il the case, the river was navigated
In q common row boat drawing six
inches of water, in the winter OF 1893
81, from Ell Paso to the mouth of the
Conchos, st Preside del Norte, Mex,
II distance estimated at 400 miles by the
sinuosities of the stream. at a low
stage of water from 3 to 81 feet 10
depth at Ell Paso, said trip occupying
q days, and without finding any obs
tructiun in tn stream After 1S days
the party went OF, On water said to be
furnished by the Conchos, a tributary
from the Mexican side, and continued
tt Del Rio, 562 miles by the siouosi-
ties of the stream.
Z. There is no evidence of obstruc-
tion TO the flow of the river from Del
Rio to Rio Grande City.
s. That there Is no evidence to show
that water reaching Del Rio will not
flow uninterruptedly to Rio Grande
City.
9. That a. the mouth of the Con-
chos the undisputed evidence shows |
that the banks of the Rio Grar n sho' Q !
the mouth of the Conchos vcu'i 4.
commodate flow of $3.50 cub ieec ii !
water per second without oven dow. |
10. That the Concho, enters the |
Rio Graude at about right angles; that
the south bank of the Conchos is high,
the village of Preside del Norte stand
ing upon it; that the north bank of the
Conchos there is low, subject to over
flow; and the American bank of the
Rio Graude is high and not subject to
overflow.
IL. That records of flow at Ell Paso
for years and parts thereof are shown
below, there having been no records
kept for the intermediate periods not
named:
Acre feet