Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-04-24
H interviewer.
Petition Against the Rio Grande Dam
and Irrigation Company.
SOLICITOR GENERAL BARTLETT.

SSfN1nHG GAh ICt U.
That New Mexico a great interests
of a general nature at stake in the
tight being made upon the elephant
Butte dam project is generally admit
ted. But its interests as a territory are
also of a very specific nature and are
so vital that Solicitor General E. l..
Bartlett yesterday, on behalf of the ter
ritory, filed a petition of interviewer in
the territorial supreme court, ask
ing that the territory be made a party
defendant with the Rio Grande Dam
and irrigation company in the pending
suit or the United States against the
latter, and which has again been sent
back to the territorial supreme court
by he United States supreme court
for the taking of additional testimony
and review. AS is we'll known, the
main point of objection of the United
States against the construction of the
Elephant Butte dam is the absurd al
legation that it would interfere with
the navigation of the Rio Grande about
1000 miles below the proposed dam
site. The real purpose, however, of
those pushing the case against the Ele-
plant Butte dam is to clear the way
for the construction of a so-called in
ternational dam at Ell Paso, with which
il is proposed to rob the people of New
Mexico of the use of any new appro-
priation of water from the Rio Grande
river and it's tributaries. The interests
OF New Mexico in this matter are well
illustrated in the following petition
asking that New Mexico be permitted
to become party to the suit against the
Rio Grande Dam and Irrigation COM
pany:
In the supreme court of the territory
of New Mexico. January term, 1902.
Injunction.
United States of America, }
Plaintiff,)
VS.. No. -
The Rio Grande Dam and
irrigation Company,
Defendant,)
Petition for Intervention.
Now comes the territory of New
Mexico, by Edward l.. Bartlett, her
solicitor general, for and on behalf Of
the said territory moves the court for
an order allowing the said territory to
intervene in this cause and be joined
as a defendant herein, and be heard in
opposition to the bill of complaint filed
herein and for the grounds Of such mo-.
tic. alleges that It has an interest in
said litigation In the success of the de-
PENDANT herein and desires to unite
with it in resisting the claim OF the
plaintiff in this suit, and sets forth
the following facts as grounds for such
Intervention:
l. That the construction of the de-
PENDANT company's proposed storage
dam at Elephant Butte n of it's pro-
posed distributing dams and other IT.
rigation works below, in Sierra and
Dona Ana counties of this territory,
would be of great benefit to the people
of the territory generally and especial
ly to the land owners, farmers and
Others in the valleys below Elephant
Butte.
2. The of the United States
by its act approved June 81, 1898,
granting lands to the territory of New
Mexico in section 6 thereof, provided
as follows: For the establishment of
permanent water reservoirs for irrigat-
ing purposes, 500 900 acres; for the i'm
provement of the Rio Grande in New
Mexico and the increasing of the sur
face flow Of the water in the bed of
said river, 100. 900 acres" That under
said act there has been a large amount
of land selected and located for the
benefit of the purposes named. The
territorial legislature has appointed
and'provided for an irrigation commits
sion for the purpose OF disposing OF
such lands and that a large amount of
the same have already been contracted
for by the said commission and h ter
ritory for sale or lease, and a consider
Ill 80 aoy.A hoe hnnn rnnniN-
ed by the territory on LAT account and
that If the contention of the plaintiff
in this case should prevail it would
render such a grant of 500, 1000 acres of
land utterly valueless, and of no use
or benefit to said territory or any of its
inhabitants, and would produce great
complications and hardships upon
those who have already paid money
for the purchase and lease of said
land.
3. that in seeking to enjoin the said
defendant company from building its
proposed storage dam and other irriga'
tion works as above mentioned, on the
ground that to impound the flood wa
tiers of the Rio Grande at Elephant
Butte for irrigation in the valleys be
low would substantially diminish the
navigable capacity of tie Rio Grande
within the limits of present naviga'
tion, /. e. between Brownyille and Rio
Grande City, Texas. about 1,200 miles
below Elephant Butte, measured by the
sinuosities of the stream. the plaintiff
seeks to draw an invidious distinction
between the rights of the people OF
New Mexico. and those of the other
states and territories of the Union.
4. That if the storage of the flood wa.
tiers of the RIO Grande at Elephant
Butte be inhibited on the ground that
such storage would substantially di
minish the navigable capacity of that
stream below Rio Grande City, Texas
then also the storage of food waters at
other points on the Rio Grande and its
tributaries in New Mexico may like
wise be inhibited.
That in NaW Mayian the animal