Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1901-01-14
Governor Otero Makes a Convincing
Argument Before Senate Com
mittee Of Foreign Relations.
THE CULBERSON MEASURE
Its Iniquity and Injustice to the People
Of New Mexico Pointed 0ut-An
Indirect Plea for State
hood

senate committee on IOTelSn reldllON
Washington, ON Saturday and made til
following powerful plea on behalf {
the people of New Mexico against tn
Stephens bill, which Sc
to deprive the citizens of New Mexlc
of the use of the waters of the r,
Grande for irrigation purposes:
Mr.. Chairman and Gentlemen of tn
Committee appear before you repre-
senting the two hundred thousand pc
pie in the territory of New Mexico, a
we'll as the material interests of tina
great territory, which are vitality af
fected by senate bill No. 3794, now un
der consideration. This bill is iden'.
cally the same as introduced in tn
house by Mr.. Stephens of Texas, ant
against the passage of which the poo
pie of New Mexico, in their legislature
| and in various political conventions
have entered their earnest protests
The same bill now appears, introduced
by the honorable senator from tn
state of Texas, and has been favorably
| reported by the committee ON foreign
| relations of that body, without an
| consultation with the people of New
Mexico, or any attempt to get thcil
views upon the subject, and indes
without their knowledge, until the re-
port of the committee was made pub
lie ON the 18th of last month.
New Mexico has for fifty years bse!
the ward of this government, and sup
posed to be by treaty stipulations and
the relations existing between guard
ians and wards entitled to the foster .ng
care of this great nation. But this bill
introduced in the senate and recon
mended for passage, is calculated IN
deprive the territory of it's chief source
of income, and it's main dependence for
existence. Irrigation has been prac-
ticed in that territory successfully for
the last 300 years. 1t was the first part
of North America to be irrigated, ana
while the methods were crude, and the
results most of them small, in the ag-
gregate they have made the valley of
the Rio Grande a succession of vine
yards and alfalfa fields for more tan
200 miles along its borders.
This committee will observe that the
senate committee recommends in the
fifth paragraph, under the head of rec
ommenda tions, found at page of the
report which is before you, that in the
proposed treaty for the final settlement
off all questions regarding the distribu-
A. of oft tho Pin Gr1 ndp
some way shall be provided with which
to prevent the construction or any
large reservoirs on the Rio Grande IN
the territory of New Mexico, or, in lieu
thereof, if that be impracticable, re-
strain any such reservoirs hereafter
constructed from the use of any VS.
ters to which the citizens of the El
Paso valley, either in Mexico or the
United States, have the right by prior
appropriations.
It will be observed in this report that
nothing is said in regard to the con-
struction of such reservoirs in the state
of Colorado, although in previous
portion of the report it is shown that a
much larger amount of water is taken
by that state than by the territory OF
New Mexico Thus it is proposed to alb
solutely prohibit any irrigation enter
prises in the, territory of New Mex'Co
at time when this government is be-
ing urged by the representatives from
Colorado to appropriate $12,0O0,0O0 for
the construction of reservoirs in GER
tain states named this bill not inc'ud-
ing the territory of New Mexico. With
New Mexico a state, as OF righ- II
ough. to be, no such proposition as tbs
Woul,; for an instant be entertained by
any one. and 1 most respectfully sub
init that our very helpleissness in the
national councils should be most po-
tent argument for the national con-
gress to see that her present rights are
not infringed upon or curtailed for he
benefit or to the advantage of the gr lat
state of Texas, or our sister republic
ON the south. Under the treaty of Glla-
dalupe Hidalgo, our citizens were For
ever guaranteed their rights of prop
erty as they existed at that time. May
30, 1S48, and to the enjoyment of all TIE
rights Of citizens of the United States.
according to the principles of the c>n-
stitution.
This report of the joint commission,
which is made part of the report OF
the senate committee on this bill, WIS
made November 26, 1896, and upo a
assumption of the facts. AT.
er that date, the United States insti-
tuted a suit against the Rio Grl:de
Dam and Irrigation Company to re
strain it from constructing or main
tanning dam across the Rio Gra1dc
at a point about 100 miles north of the
city of Ell Paso, Tex, where the bourd-
ary line between the United States .no
Mexico is the center Of that str cam.
The defendants below demurred to the
bin, the demurrer was sustained in the
district court; the United States took
it to the supreme court of the terri sory,
which, on the 5th of January, 1893, sus-
tanned the district court. 1t was then
taken by the government to the su-
preme court Of the United Sta:s
where, on the 22d day of May, 1899, the
case was reversed and remanded, with
instructions to set aside the decree of
dismissal, and to order an inquiry into
the question whether the intended act.
Of the defendants in the construction
Of the dam and in appropria ting waters
Of the Rio Grande will substantially
diminish the nayigabflity of that