Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1902-04-23

the affray, but did not know whether
he or Smith did the killing.
minish the navigable capacity of that
stream beio" As,!5 Grande City, Texas
then also the forage of flood waters at
other points on the Rio Grande and its
tributaries in New Mexico may like
wise be inhibited.
5. That in New Mexico the annual
rainfall is so slight that successful cul-
tvation of the soil is practically impos-
sible without water for irrigation, and
that therefore the right to mpound and
utilize for irrigation the flood waters of
the Rio Grande and its tributaries is
essential to the welfare and prosperity
of our people: for if denied such right,
there can be no substantial increase of
the area of the territory's cultivated
lands, which at present does not eX-
ceed 900 acres, and consequently our
people would forever remain dependent
upon neighboring states for the bulk of
their food supplies.
6. That "the reclamation and settle
ment of the arid lands of New Mexico
will tend to enrich every portion" of
the territory, ''as the products of irri-
CATION will be consumed chiefly in up
building local centers of mining and
other industries, which would other
wise not come into existence at all, -
and that consequenf"v the Territory of
New Mexico, as such, and the entire
people thereof, have a vital interest at
stake in this cause and are therefore
entitled to intervene.
I. That prior to the inception of this
suit, the general government had, by
the survey and reservation of reservoir
sites in the valley of the Rio Grande
in New Mexico. clearly indicated it's
purpose to treat the waters of the Rio
Grande and it's tributaries as suitable
for irrigation only.
s. That the general government has
never attempted to inhibit the use of
the flood waters of the Rio Grande for
irrigation in Colorado and that until
the inception of this suit, no attempt
had been made to restrain the citizens
of New Mexico from appropriating and
using the flood waters of the stream for
irrigation and other beneficial purposes.
0. That the representation Of the
Territory at the inception and during
the progress of this suit has been det-
rimental to the clear presentment to
the courts of the great interests OF
the people of New Mexico in the prem
ises, and that it is essential to the
safeguarding of the Territory's best in
terests that it be directly represented
and be allowed to present arguments
and evidence as to the true purpose OF
the defendant Company (Which counsel
for the plaintiff has incorrectly stated)
to the end that the real facts of the
case may be placed clearly before all
courts in which the cause may be heard
hereafter.
10. That this honorable court should
| take judicial notice of the fact that
from certain of the affidavits and re-
ports presented in support Of the plain
tiff's contention in the premises-no-
tably from the affidavit of General An
son Mills of the International boun-
Diary commission, as subscribed and
sworn to by him on the 23d day Of June,
A. D. 1897: from a letter of the said
Anson Mills, dated FL Paso, November
II. 1895. addressed to the Honorable
Secretary of State, Washington, d. C.;
from a letter of the Honorable Richard
Olney Secretary of State, dated Wash
| ington, November 80, 1896 to the Hon.
orable Secretary of the Interior; and
| from a letter of the said Secretary OF
State dated Washington, January 20
| 1897 to the said Secretary Of the Inter
| ior, it is patent that "the objection tc
the building of the said defendant COM
pany's proposed dam grows out of the
proposed construction of an Interna'
tional dam and reservoir at El Paso
Texas, thus evidencing the deliberate
intention of the general government. by
its political department, to take meas
ures, not for the purpose of improving
the navigability Of the Rio Grande,
but for the purpose of appropriatins
the flood waters of the river for the ir-
rigation of certain lands lying below
| the southern boundary of the territory
of New Mexico in the Republic of Mex
| leo and in the state of Texas: and thai
| in maintaining this suit against the de-
| fendant company the plaintiff seeks
under the guise of a question of the
navigability of the stream to obta1f
an adjudication of the interests of riva
irrigation projects" to the permanent
injury of the territory of New Mexico
Wherefore, as New Mexico's right t.
| appropriate and utilize for beneficia
purposes the waters Of her catchmen
area is of paramount Importance to he
people, the said territory, by its solicit
tor general. prays this honorable cour
to grant to the territory permission t
intervene as aforesaid in this cause
EDWARD L. BARTLETT,
Solicitor General of New Mexico
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