Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-12-29

80 degrees At minutes north latitude
crosses the river.
BY the seventh article of the treaty
of Guadalupe Hidalgo it is in effect
stipulated that the navigation Of the
Bravo below the southern boundary of
New Mexico shall be free and common
to the vessels and citizens of both coun-
tries, and neither shall, without the
consent of the other, construct any
work that may impede or interrupt in
whole or in part the exercise Of this
right, not even for the purpose of ia
voring new methods of navigation.
BY the fourth article of the Gadsden
treaty of 1853 it is in effect provided
that the several provisions, stipulations
and restrictions contained in the sew
enth article of the treaty of Guadalupe
Hidalgo shall remain in force only so
far as regards the Rio Bravo del Norte
below the initial of the said boundary
provided in the first article of the Gads-
den treaty; that is to say, below the
intersection of the 81 degrees At minutes
80 seconds p arallel of latitude with the
boundary line established by the treaty,
dividing said river from it's mouth up
ward, according to the fifth article of
the treaty of Guadalupe. From time to
time the government of the republic of
Mexico has made reclamation of the
United States to the secretary of state,
th rot1yh itc lnuotioo II, Nya e,,t,rfo fn,,
a large indemnity for water alleged to
have been taken and used by the citi-
zens of the United States in Colorado
and New Mexico, on the headWaters OF
the Rio Grande river, to which citizens
of Mexico claimed a right by prior APP
preparation, in alleged violation of the
treaties above mentioned, as well as
other conventions entered into between
the United States and Mexico, and by
the concurrent resolution of congress of
April 20, 1890, provision was made for a
definite and authoritative ascertain
ment of the facts relating to the irri-
cation Of the arid lands in the valley of
the Rio Grande river and the construc-
ton of a dam across said river at Ell
Paso, Tex, and other matters. In view
Of these claims for damages, and said
resolution Of congress, an agreement
between the two governments was en-
tered into, dated Washington, May 6,
1896, appointing an international bound
airy commission.
After the submission of a report by
the commissioners of the two govern
ments, to-wit, on December 10, 1896; De-
cember 20, 1896; January 5, 1897, and
January 30, 1897, the then envoy ex-
t%raordinary and minister plenipotenti-
airy of Mexico to the United States at
Washington informed the secretary OF
state of the United States that he was
authorized to sign a convention in the
sense of the report subscribed by the
commissioners concerning the construc-
Bravo del Norte, and the equitable dis
tribution of the waters thereof, the pro-
posed draft of the convention being
printed at page 1872 of senate document
ANOs G6Vy 6CSollo 1911 I'll III
congress. In the meanwhile the secre-
tary of state of the United States, in
reply to these notes of Mr.. Romero,
suggested to him that while the draft
I of the convention proposed was valua-
BILE and would probably greatly facill-
| tate subsequent negotiations, the de.
| partment of state found the subject en-
1 b~arrassed by greatly perplexing com
/ plications arising out of reservoir dams
| either already built or authorized
i through the concurrent action of the
+ federal or state authorities, and thai
the legal questions involved We're un.
der careful investigation, and should bt
| disposed of before the United States
| would be in a condition to negotiate.
Some Of these questions suggested by
the secretary of state have been deter.
mined by the supreme court of the
| United States in favor of the United
/ States in the case of United States VS.
| Rio Grande Dam and Irrigation Com.
pany and the Rio Grande Irrigation
and Land Company (Limited), 174 Unit.
| ed States Reports, 500. From this cas-
| the treaties between the United States
and Mexico and the official reports con
tanned in senate document No. 229, sec
ond session f1fty-ifth congress, it ap'
pears ~ that where the Rio Grande
| river is the boundary the line Is the
middle of the stream; (2) that the navi.
| cation of the river is free and common
/ to the vessels and citizens of both coun'
| tries, without impeachment or Interrupt.
| ton; (3) that the river is n%avigable a
least for several hundred miles above
it's mouth; (4) that this n~avigability ha:
been largely depleted by the cutting of
of the waters of the river and its tribu
taries in Colorado and New Mexico by
dams and reservoirs; (5) that the vol
ume of water below Ell Paso for irriga
ton and other domestic. purposes ha!
been greatly reduced by the sam
means; co. that the navigability of tn
river and the supply of water for irri
cation will be further injuriously at
fected and cut off by the construction
of the proposed dams and reservoirs a
and near Elephant Butte, in New Mexi
CO, by the Rio Grande Dam and Irriga
ton Company and the Rio Grande Irri
cation and Land Company (Limited)
appellees in said cause, or by the con
struction of other such large and ex
tensive dams and reservoirs.
In the case referred to the suprem
court of the United States held and de
cided that 1t would be a violation of tn
laws of the United States thus to dl
minish the navigability of the river, an
directed the court below to inquire int
the facts, and if 1t was found that tn
~ .dnahiii4 af Tho r.i1,or x,,nA Sllhsta n