Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1902-04-26
The INTERVIEWER.
Petition Against the Rio Grande Dam
and Irrigation Company.
SOLICITOR GENERAL BARTLETT.

ted. But its interests as a territory are
also OF a very specific nature and are
so vital that Solicitor General T. l..
Bartlett yesterday, on behalf of the ter.
ritory. filed petition Of interviewer in
the territorial supreme court. Hst.
ing that the territory be made party
defendant with the Rio Grande Dam
and Irrigation company in tho pending
suit OF the United States against the
latter. ana which has again been sent
back 20 the territorial supreme court
ny the United States supreme court
for the taking OF additional testimony
and review. As Is well known. the
main point ~ objection of the United
States against the construction Of the
Elephant Butte dam IS the absurd al
legation that 10 woulu Interfere w,1h
the navigation of the RIO Grande about
LOO n les below the proposed dam
site. The real purpose. however. VI
those pushing the cp Sc against the Ele-
plant Butte dam is To clear the way
dor the construction Of a so-ca led in
ternational dam at III paso with which
IL Is proposed to rob the people of New
Mexico of the use OF any new appco-
prietion Of water from the Rio Grande
river and its tributaries. The interests
of New Mexico in this matter are well
illustrated in the following petition
asking that New Mexico be perm tied
IL become party to the suit against the
Rio Grandc Dam and Irrigation COM
pany
In the supreme court Of the territory
of New Mexico. January term. 1902
Injunction.
United States of America }
Plaintiff)
The Rio Grande ,am and }
Irrigation Company
Defondant.)
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 defendant herein and be heard ia
opposition to the bill OF complaint fled
herein and for the grounds OF such mo.
ton alleges that il has an interest in
said litigation in the success Of the de
PENDANT herein and desires to unite
with IL in resisting the claim OF the
plaintiff in this suit, and sets forth
the following facts Us grounds for such
Intervention:
|. That tne construction OF the de.
PENDANT cumpauy's proposed storage
dam at Elephant Butte and Of its pro
posed distributing dams and other ir-
rigation works below. in Sierra and
Dona Ana counties of this territory,
would be of great benefit 20 the people
of the territory generally and especial
In 10 ~ Ina, Ca. a
others in the valleys below Elephant
Butte
2 The congress of the United States
Icy Its act approved June 81, 1898.
granting lands 10 the territory of New
Mexico in section thereof. provided
as follows: For the establishment OF
permanent water reservoirs for irrigat-
ing purposes. 100000 acres for the i'm.
provement of the Rio Grande In New
Mexico and the increasing Of the sur
face ho~ of the water in the bed OF
said river 100 900 acres" That under
said act there has been n 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
son for the purpose of dlsposing "
such lands and that "A large amount "
the same have already been contracted
for by the said commission and the ter
ritory for sale or lease. and a consider
able amount of money mas been receiv
90 by the territory on lat account and
that II the contention of the plaintiii
in this case should prevail Il would
render such grant of COO. 090 acres Of
land utterly valueless. and of no use
or benefit 10 said territory or any of its
Inhabitants and would produce great
complications and hardshlps upon
those who have already paid money
for the purchase and lease OF said
land
3. hat 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 10 impound the flood wa
tiers of the Rio Grande at Elephant
Butte for irrigation In the valleys be.
I~w would substantially diminish the
naVigablc capacity OF tie Rio Grande
within the limits of present naVigR-
tion {. G. between Brownville and Rio
Grande City Texas. about l,2o0 miles
below Elephant Butte. measured hy the
sinuosities OF the stream, the plaintiff
seeks To draw an inyidiOus distinction
between the rigE.s of the people OF
New Mexico. and those OF the other
states and territories of the Union.
4. That II the storage Of the flood wa
tiers Of the RIO Grande nj ELEPHANT
Butte be inhibited on the ground that
such storage would substantially d.
minish the nayigahle 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 Ia New Mexico may like
wise be inhibited
3. That IN New Mexico the annual
rainfall 10 ga light that successful cul
tNation 81 the sol ls practically impos.
sible without wateg for irrigation, and
that therefore the right 10 impound and
utilize for irrigation the food waters Of
the Rio Grande and its tributaries Is
essential 10 the welfare and prosperity
of our people; for II denied such right
there can be no Substantial Increase of
sta tsVttatspfa rultfpr a