Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-07-08
ters. and the flow of streams which dur

tiers. and the flow of streams which dur
ing many months now run to waste.
Mr.. Newelrs opinion very clearly CO.
incides with those so frequently ex-
pressed in these columns, as to the over
shadowing Importance Of this irrigation
question. Slowly but surely it is forcing
itself on the attention of the country as
one of the great industrial issues of the
heal future. 1t can be stated in a few
words. The people want the land. The
land is worthless without the water.
The water supply exists, and needs only
to be made available. Hence the GER
| tainty of the demand that the water
| shall be made available. The govern
| ment is acting wisely in thus early OBJ
tanning all possible data On the subject.
IRRIGATION AND NAVIGATION.
Denver Republican,
The action of the supreme court of the
| United States in the case of the Ele-
plant Butte dam in New Mexico in re-
manding the matter to the lower court
to inquire into the extent to which the
proposed dam would interfere with the
navigation of the Rio Grande is impor-
| tant.
The fact that the supreme court Of the
| United States has reversed the case
with the instructions already stated
suggests that there might be similar in
reference with irrigation in the valleys
of other streams on the plea that the
withdrawal Of water for irrigation af-
fected navigation. In this respect al
most the entire system of irrigation in
the arid region may be said to be en-
dangered, for people who desire to pre-
vent irrigation along the upper courses
of streams would be quick to manufac-
ture a plea that navigation was inter-
fered with.
Under the provision of the national
constitution, which gives congress pow
er to regulate commerce between the
states, it is held hat congress has jur-
isdiction over all navigable streams,
But this jurisdiction extends only to
the navigable parts of such streams. Ii
does not apply to their upper courses. l!
may be claimed, however, hat the
withdrawal of water along the upper
course Of a stream comes within the
sphere of congressional regulation on
the ground hat congress may prohibits
any interference with the navigation Of
a stream without regard to whera ii
may occur.
In the case of the Rio Grande, it mas
been claimed hat nearly all the water
of that river is withdrawn by irrigation
bitches in Colorado. But it is doubtful
if this is sufficient to affect the naviga-
bility of the stream below the City OF
Ell Paso. From the Colorado line to e.
Paso the Rio Grande flows through a
hot, dry country. 1t is not uncommon
for the bed Of the river to be dry. This
was the case long before irrigation was
begun in Colorado. Beneath the surface
however, the water finds it's way, and
that is the case with much of the water
which, having been withdrawn in irri-
cation, seeps back into the channel OF
the stream. Colorado's irrigated fields
are so far removed from the navigable
part Of the Rio Grande that irrigation
in this state can hardly be said to affect
the navigation of the river.
However, in view Of the action Of the
supreme court in the Elephant Butte
case, it would be well for lawyers and
engineers living in Colorado and other
states in which rivers find their source
to combat the theory that congress has
a right to interfere with irrigation be-
cause Of considerations affecting navi-
cation. The danger is that the court
will establish dangerous and trouble
some presidents in matters Of this sort
without having been shown the impor-
lance of the principle involved.