Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-12-29
introduced in the U. S. Senate by
Senator Charles A. Culberson
of Texas.
WAS REPORTED PAVORABLY
Committee on Foreign Relations. Through
Senator Money, Reported 1t Without
Amendment Vital Interests of
New Mexico Are Threatened.

A bill to provide for the equitable dis
tribution of the waters of the Rio
Grande river between the United States
of America and the United States of
Mexico.
Whereas, the Republic of Mexico has
made reclamation of the United States
to the secretary of state, through it's le-
cation in Washington, for a large in
demnity for water alleged to have been
taken and used by the citizens of the
United States in Colorado and New
Mexico ON the headwaters Of the Rio
Grande river, to which citizens of Mex
leo claimed right by prior appropria-
ton, in alleged violation of article s Of
the treaty of peace of Guadalupe Hidal-
go, proclaimed July a, 1S4S, and article
4 of the boundary treaty proclaimed
June 10, 1854; and,
Whereas, an investigation directed
Jointly by the state departments of the
two republics, and carried out by the
international boundary commission, Or
ganized under the convention of March
/, 1889, discovered the fact that the flow
for the past fifteen years in an increas-
ing ratio, so that the ordinary summers
flow in the lower river is inadequate ITO
supply the wants of irrigation and do
nestle and other purposes, as has been
supplied in previous years; and,
Whereas, a remedy has been proposed
by the two governments for this def
cheney by impounding in an interna-
tional dam and reservoir, near the
boundary line between the two repub-
lies, the annual flood waters Of the
spring season, which are greatly in ex-
cess of the wants of irrigation and do
nestle and other purposes, in those sea-
sons, such waters to be equitably dis
tributed between the two republics;
and,
Whereas, it was afterward discovered
that other like projects of large dams
and reservoirs were contemplated above
said proposed international dam and
reservoir; and,
Whereas, the two governments joint
ly directed the international boundary
commission, hereinbefore mentioned, to
Investigate and report upon the FEAST
bility of the project; and,
Whereas, said commission reported
that, in their Judgment, the project was
feasible, but that the flow was INSULT
cient for more than one reservoir; and,
Whereas, the two governments were
unable to agree upon the construction
Of said proposed international dam and
reservoir until some method Of restrain
ing the building and use of other dams
and reservoirs, which would destroy the
usefulness of said proposed interna-
tional dam and reservoir, had been de-
vised; now, therefore,
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled, that
nothing in the acts of March 8, 1891,
January q, 1895; February rs, 1897, and
May II, 1898, shall be SO construed as to
authorize the appropriation and stor-
age Of the waters of the Rio Grande
river, or its tributaries, in the territory
Of New Mexico, to which others have
right by prior appropriation; and every
person and every corporation which
shall be guilty of thus unlawfully ap-
propriating and storing said waters In
this act mentioned shall be deemed
guilty of a misdemeanor, and on con-
viction thereof shall be punished by a
fine not exceeding $4,000, or by imprison-
ment lin the case of a natural person.
not exceeding one year, or by both such
p~unishments, i'm the discretion of the
court. The unlawful appropriating and
storing of the water in this act men,
toned may be prevented, and the dam.
reservoir, or other means used for i'm
pounding the water may be removed, by
the injunction of any circuit court exer-
cising jurisdiction in any district ir
which said water may be appropriated
or stored; and proper proceedings III
equity to this end may be instituted un
der the direction of the attorney gener.
al of the United States.
Sec. 2. That the secretary Of state Il
hereby authorized to proceed with THE
contamination of the proposed treat,
between the United States Of America
and the United States of Mexico, ant
If the United States Of Mexico shall ac'
cept the construction of the proposed
dam N reservoir, with the condition
that the flood water impounded by 4
shall be equally distributed between TIN
two countries, as liquidation Of all pas
and future claims for water appropriat
ed in the past or to be appropriated Il
the future by citizens Of the Unite'
States otherwise than by impounding l
in large dams and reservoirs In New
Mexico, then the secretary of state !
further authorized to proceed with tn
construction of said dam and reserved
according to the plans and ~speciica
tions submitted in the report of the In
ternational boundary commission, a
published in senate document No. %!
ffty-fifth congress-, second session, an
the sum OF $2,3l7,llS.S6 IS hereby apprc
priated for that purpose.
The following Is the report of tn
committee on foreign relations Of tn
senate upon the bill:
REPORT OF THE COMMITTEE.
The committee on foreign relations
which has had under consideration ser
ate bill 1894, beg leave to report 1t bac
to the senate with a recommendation
that 1t do pass.
BY article 5 Of the treaty between tn
United States and Mexico, conclude
February 2, 1s4s, known as the treaty (
; Guadalupe Hidaago, the boundary In
between the two republics from til
|; southern boundary Of New Mexico I
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