Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-05-26
ELEPHANT BUTTE DAM.
History Of the Contention and Litiga.
ton Over It's Construction.
SUPREME COURT DECISION.

states supreme court In the EIephan,
Butte dam case IL not without interest
all over the west. says the New Mexican
, An English company began the con
struction OF q dam at Elephant Butte,
above Las Cruces. to store food wa.
tiers for use In the Mesilla valley. Their
attorney procured the approval Of the
reservoir site from the secretary Of the
interior, and the work was progressing
a temporary dam being under construc.
ton, when interference came from an
unexpected source.
A Texas Mexico syndicate OF promoters
at nj Paso and Juarez had planned to
get the government TO expend $50 600
for a reservoir just above III Paso, TO
supply water power for enterprises in
the latter city and irrigation for the
farmers on both sides. This dam would
have caused a great deal OF land grabbed
In the interest OF some of the long
headed schemers on both sides TO be
Hooded, and 1t was to have been COZ.
demned and paid for out OF the $1,000.
900, OF which 81, 200, 900 was 10 be de.
voted to this purpose. This dam had
long been the hobby OF Colonel Arson
Mills, Of I'll PasO. by reason Of his DO.
sition on the International commission
to determine the boundary between Mex.
leo and the United States, and TO suggest
means TO prevent the Rio Grsnde shifting
Its bed and Thereby changing its bound.
AIRY, Colonel Mills had influence. He
recommended that by holding back
floods In such a reservoir the river would
be prevented from shifting Its channel.
But this point wa braced by another.
The Mexican people were encouraged
to claim damages from the lack OF water
to carry on their operations in the state
Chihuahua. There was a treaty pro
vision that neither country should divert
navigable streams In such a nj az
to interfere with navigation.
Nothing was anticipated ~ to irriga.
ton rights. kven when this treaty was
made the Rio Grande went dry occasion
ally at HI Paso. With the gradual Oil.
ing OF Its bed to a greater depth with
absorbing sand, and the growth OF irri
CATION enterprises on the Rio Grande
tributaries in Colorado, water ceased TO
flow most OF the year at nj Paso, and
much further north, In New Mexico.
The Mexican courts, under the plan of
the I'll Paso schemers. worked up damage
claims by taking the testimony OF
farmers, covering a long period, the ag-
gregate being something like $l2,OOO,OOO.
This was supplemented by All estimate
rom the Texas side, OF the probable loss
rom the lack OF water.
The Mexican minister, senior Romero.
hen presented the matter ut Washing.
on In the light OF al equity. The United
states had permitted its citizens TO
lse water In Colorado and elsewhere
hat would have gone to Mexico. The
Mexican government realized that the
irrigation systems In Colorado had grown
~ without the disastrous results TO
iexico being foreseen. and the damages
night not be collectible. As an act OF
compromise, damages would be waived
I the United States would build and
maintain the storage dam forever and
i've free OF cost half OF the water TO the
territory.
President Cleveland. in his first term.
q treaty along this line.
n his second term his secretary of the
approved of the reservoir site OF
English company that proposed to do
With Its own money for New Mexico ter.
itory what the I'll Paso Mexico schemers
sked the government to do at its own
Expense. After this approval by the de.
artment, Colonel Mills went to Wash
lgton and had the New Mexico enter.
rise temporarily blocked In the same
apartment under whose approval work
IA begun.
The I'll PssO syndicate represented
the loOd flow OF the Rio Gfande !
ould not I'LL both proposed reservoirs, j
nat one was to be u government enter. =
rise. and should have precedence. Az a .
retext to tie up the private enterprise =
ntil English capitalists, fearing OBJ -,
ruction from the government, should
landon, Colonel Mills and his party /
aimed that the United States was !
opped from permitting the New Mex. :
o dam to be built because 1t would be /
'terfering with the n~svigability OF a {
ream and a violation OF a treaty, 10 |
hich Mexico would not consent. The !
ise and cautious department officers T,
Iereupon Issued an order for the United /
.ates attorney OF New Mexico to bring {
Dill 10 eDJOin the work, on the plea !
lat the irrigation enterprise would |
'stroy the naylgability OF the Rio /
rande. 4
The injunction case was heard by /
&. d. Bantz. II was shown on the +.
cords that the Rio Grsnde was never ,
iFlgable except near its mouth. at the /
III, hundreds OF miles below III Paso, |
that for half a century at least the :
bed was dry occasionally at III Paso. 4
ne claim Of ~nayigability was supported
Y the limsy proof that once, when the
was AT food height, a raft OF wood !,
loated n few miles in New Mexico. /
Judge Bantz and the supreme court OF c
Mexico decided that the plea of )
Iyigabllity was absurd and in4incere :