Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-09-03
IRRIGATION Us. NAVIGATION,
Colorado Should Obtain Permission to Act
with New Mexico.
Rocky Mountain News.)

The federal government, acting in tn
interest of the International dam boom
ers at Ell Paso, has scored another de
feat in the now celebrated Elephan
Butte dam case. Sketching briefly tn,
history of this litigation, 1T will be re
membered that the Elephant Butte
company began the construction of J.;
dam in the Rio Grande valley above E
Paso. The enterprise was a legitimate
one. backed by ample capital, and con.
templated the reclamation of a large
body Of land. The beginning of the
work was authorized by the secretary
of the interior. Actual operations had
barely commenced when the state de
partment took a hand in the matter,
and at it's request the attorney general
instructed the United States attorney
of New Mexico to bring suit by injunc-
ton, which was done. The case was
heard before Judge Bantz, of the dis
trict court, who, in an exceedingly able
opinion, decided against the contention
of the government that the dam would
interfere with the navigability of the
Rio Grande river, where it was an in
ternational stream. The supreme court
of New Mexico sustained Judge Bantz,
and an appeal was taken to the SUI
preme court of the United States.
In passing up the case this tribunal
sent 1t back to the third judicial dis
trict of Nav Mexico, with instructions
to make further Investigations on the
point whether the building of this dam
and the ~impounding of the waters of
the Rio Grande river would naturally
decrease the flow of water in the river
where 1t was admitted that 1t was nav
igable at a point some 800 miles below
El Paso. The hearing or this question
urn hn1 hnfnpo Ttlro D. IT, 80 49,
district court, and a mass of expert tes-
timony taken, Upon which Judge Par
ker rendered a decisive opinion against
the government. From Judge Parker's
ruling an appeal was taken to the SUI
preme court of New Mexico upon four
e assignments of error, the principal
one being rs follows:
THAT the statement of facts con-
tanned in the courts finding does not
the court in finding as a matter
fact and concluding therefrom that
the amount of water proposed to be ap-
and impOunded at Elephant
by the defendants will not SUBJ
stantially diminish the navigable ca
pacity of the Rio Grande within the
limits of na~vigability. That the
erred in refusing to reopen the
upon application of the plaintiff
iIu W permit Tile OUldlIllIlS VI huulIlOL-
al evidence to establish facts necessary
to a proper determination Of the case"
In a comprehensive review of the case
The supreme court of New Mexico, Chief
Mills delivering the opinion, af-
hrmed Judge Parker's decision. Here
Ease now rests, but It is expected
hat it will again be carried to the su-
court Of the United States. On
surface of the pleadings the gov
,rnment Is fighting this case against
he Elephant Butte enterprise In the in
crest Of the navigation of an interna-
ional stream. AS a matter of fact, it |
s trying to kill off a legitimate scheme
or the benefit of a rival project at Ell
oaso. 1t has now twice been beaten in
he New Mexico courts. The danger Of
he suit lies in the fact that If the fed
york in the Rio Grande valley In New
fexico on account of an alleged in
lry to navigation l 900 miles away, 1t
an also close every canal whose water