Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-12-19
RIO GRANDE GRAB
Governments Counsel Says Control
and Distribution of Waters Is
What Is Wanted.
CARES NOT FOR NAVIGATION
Government Would Not Permit Mexico and
Texas to Be Deprived of Water By
New Mexico Nor the Latter
By Colorado.

Las Cruces, December 1S.-The court
in the case of the Elephant Butte dam,
Judge Parker presiding, convened this
morning at 9 o'clock. Sui little was
done beyond an agreement having been
reached among the attorneys as to the
order Of the speeches to be made and by
whom. The day has been consumed
pretty much in calling witnesses to the
stand again who We're examined last
week to be re-eXamined and cross-queS-
toned. The case was closed finally, both
sides announcing that they had no fur
Their testimony to offer. Thereupon
Judge Burch began his opening state
ment on behalf of the government, and
had not concluded when the court ad-
journed late this afternoon until to-
morrow morning. Tomorrow will un-
q~uestionably be consumed in the argu-
ment of the attorneys, and a decision
may not be anticipated until the next
day, if then.
The suggestion has been made that
perhaps Judge Parker would not decide
the case for a week, but l am reliably
informed that there is an understand
ing between the attorneys that the case
is to be decided at nee and if decided
adversely to the government, appealed,
if at all, to the supreme court Of the
territory for determination at the COM
ing January term. Judge Burch to-day
intimated that there might be no APP
peal, and the decision Of Judge Parker
might, so far as the government is con-
cerned, be final.
The leading counsel for the govern
ment, in his opening argument this aft
ernoon, was frank enough to admit
that the object of the suit was not to
protect the almost nominal navigation
on the lower Rio Grande, but to secure
for federal supervision the entire curse
Of the river in the apportionment of the
water between, first, the United States
and Mexico, and, second, Colorado, New
Mexico and Texas. He argued that in
the interest of fairness the waters of
the river should be apportloned accord
lll6 ~ lHe pIlullllVS dlllUli5 Ill SSCllolio
tributary to the river, and that the peo-
pie of New Mexico should not be per-
mitted to deprive the people of Mexico
and Texas of the water for Irrigation,
vested rights in the river Of the people
Of New Mexico. He further argued that
the subject was one with which the fed
eral authorities could alone deal sue
c~essfully. 1t may be stated, however,
that Judge Parker stated to the eminent
attorney that this consideration urged
upon the court was not involved in the
case.
Coming down to the points at issue,
Judge Burch commended that the real
question involved was as to the cause of
the diminishing volume of water in the
lower Rio Grande. He admitted that
there had been for many years a drouth
covering the territory drained by the
river and its tributaries, but c~ontended
that the diminishing volume Of water
was not due to the drouth alone, but
to the drouth plus the large amount of
water taken out for irrigation at the
~headwaters Of the stream in Colorado.
l feel that risk nothing in saying tina.
he will find it difficult to convince the
court or any one else that this has been
shown by the evidence to be the cor
rect explanation. 1t should not be over
looked, however, that this doctrine, if
sustained logically, not only inhibits the
enlargement of the irrigation facilities
of the southwest, but leads to the con-
clusion that a large proportion of the
ditch enterprises Of late years in this
section must be abandoned. This doc
trine cannot be maintained for a day,
and many well-informed persons antic-
ipate that the suit will totally collapse
at the termination Of the present trial.
e. C. WADE, SIR.