Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-04-24

of our people; for IL denied such right
there can be no substantial increase of
the area Of the teritory's cultivated
lands. which at present does not ex-
coed 200. 900 acres and consequently
our people would forever remain de-
pendent 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 END to enrich every portion" OF
the territory, "as the products OF irri
cation will be consumed chiefly in up
building local centers of mining n
other industries, which would other
wise not come into existence at all"
and that consequently 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.
Z. 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 its
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 food waters of the stream
for irrigation and other beneficial pur-
poses.
9. That the misrepresentation 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 stately
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 afidavits 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-
dairy commission, as subscribed and
sworn to by him on the 23d day of
June, A. d. 1897; from a letter of the
said Arson Mills, dated Ell Paso, Nov
ember II, 1896. addressed to the Hon
oraDle Secretary of State, Washington,
DC; from a letter to the Hon. Richard
Olney, secretary of state, dated Wash
ington. November 80, 1896, to the Hon.
! 2rable Secretary Of the Interior; and
from a letter &c the said secretary of
state dated Washington, January 20,
1897, to the said secretary of the inter-
ior, ii is patent tnat the objection to
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 Ell Paso,
Texas, thus ~evidencing the deliberate
intention of the general government by
it's political department to take meas
ures, not for the purpose of improving
the navigability of the Rio Grande,"
but for the purpose of a%pproriating
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 that
in maintaining this suit against the de-
PENDANT company the plaintiff seeks
under the guise of a question of the
navigability of the stream. to obtain
an adjudication of the interests of rival
irrigation projects" to the permanent
injury of the territory Of New Mex
leo.
Wherefore, as New Mexico's right to
appropriate and utilize for beneficial
purposes the waters of her catchment
area is of paramount Importance to her
people, the said territory, by its solicit
tor general, prays this honorable court
to grant to the territory permission to
intervene as aforesaid in this cause.
EDWARD l.. BARTLETT,
Solicitor General of New Mexico,