Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-01-06
THE COURTS OPINION
Findings Of Fact By Judge Parker
As to Navigation On the
Rio Grande.
UNAIDED FROM new MEXICO
Impounding the Flood Waters At Elephant
Butte Would Not Materially Diminish
the Use of the Stream Near
the Gulf.

Stt WV
trict court, by direction Of the supreme
court of the United States, inquired in
to the navigability of the lower Rio
Grande, with the intention of restrain
ing the storage of water at Elephant
Butte to the extent thai such storage
would interfere with navigation:
The Rio Grande is navigable only
from it's mouth to Rio Glande City, 2S2
miles, and is navigated only between
Brownsville and Rio Grande City, III
miles.
Navigation has steadily declined
since 1883 from lack OF water. now con-
sists of occasional trips OF one small
steamer of 100 tons capacity, and is OF
small benefit to commerce.
THE scarcity of water is due largely
to severe drouth since 1887, with occa-
sional Interruptions extending over an
area. of several hundred miles in width
and length along the river from its
mouth up, and to the drying up of
many tributary streams, formerly largo
and perennial. The extent of the effect
Of this diminution of rainfall cannot be
determined from the evidence.
1.-The Rio Grande Is a t%orrential
stream in New Mexico. In it's course
through Colorado I'M New Mexico
much of it's waters are lost by causes
not accurately determined, but gener-
ally classed as seepage and evapora-
49,. lotr,aar VSN-. NJ, r,;, 4, -1 IL n Ga
300 miles-the loss Is about one-third
of the entire volume of water, and else
where in New Mexico equal losses &C.
cur
Of the river bed and valley is the same
as above, and the losses continue.
Between Elephant Butte and Pre-
sidio del Norte, where the Conchos joins
the Rio Grande from the south, no liv-
ing tributaries re-enforce the Rio
Grande. The Corchos always carries a
large volume OF water, and in seasons
is a t%orrential stream of great magni-
tude.
only ON one occasion has the evil
dence shown that the waters of the RiC
Grande passed Presidio del Norte in
large quantity-in May. 1897, and then
it raised it's water there 8 feet for ter
days, but did not affect the height 81
tn ewater at Laredo to any great ex
tent. $50
The evidence shows no obstruction
to the flow of the water in the river bed
from Ell Paso to Rio Grande City, 1901
miles, but the character of the rive!
bed continues the same, and large
losses of water by evaporation and
seepage occur between Preside de-
Norte and Rio Grande City.
"Soundinga in the river bed at Fl
Paso show the depth of sand and gray.
Ell to be 60 feet, and the surface ap-
~pearances Indicate the same formation
along the other valleys and basins OF
the river.
THE Rio Grande watershed above
Elephant Butte is 5000 squale miles
in area, and from Elephant Butte tc
Rio Grande City 100 square miles
| This latter area largely supplies the
water for navigation which enters this
Juan, Pecos, Devils river or ltorrentia
| streams.
Probably amy flow less than 1000
second feet at Ell Paso will have no ef
feet at the head of navigation.
Taking the recorded measurement
of water passing Ell Paso during the
past ten years, and assuming the samt
ratio of loss by seepage and evapora
ton below as above Ell Paso, and as
Stunning further that a rise of 2 feet al
Rio Grande City is necessary to sub
stantially aid navigation, it appears
that in only two or three years out Of
| the last ten years would a sufficient
amount of water from the upper Rit
Grande have reached Rio Grande CIT,
to materially aid navigation"
Judge Parker concludes that the pro
| posed impounding of the waters Of tn
Rio Grande at Elephant Butte will no
substantially diminish the navigability
of that stream Within the limits o.
present navigability," and orders tbs
dissolution of the injunction.
Although in the hearing at Las Cru.
ces the government based its entire
theory that the decrease in the flow O.
the Rio Grande below Rio Grande City
in recent years is due to the diversion
Of water in Colorado for irrigation
Judge Parker in his decision nowhere
alludes to the proposition.
No Malaria in California
IpcY,iripu DIV nopctopt oin unpetop,