Imperial Valley press., 1919-09-11
granted in the first article OF
this treaty, the said articles are
hereby abrogated and annuled
and the provisions as herein en-

\ UNe pGONfStoIKS dS HSISIl en-
pressed substituted therefor.
Now. we have wiped the slate clea
] and there is nothing that applies ex
cept what am going to read to yo
now:
The vessels and citizens Of the
United States shall, at all times
have free and uninterrupted pas
sage through the Gulf of Callfor-
MIA to and from their possessions
situated north ofthe boundary lin.
of tie two countries. 1t being un-
aerstood that this passage is to
lie b. navigating the Gulf of Cal
itolnia and he River Colorado
and net h~ land without the con-
sent OF the MEXICAN Government.
snd rrecisel- the same provisions
stipulstions, and restrictions. in
all respects, are hereby agreed
upon anG adopted and shall be
/ scrupuiously observed and en-
/ Gforeed hv the two contracting
Governments in reference to the
Rio Colorado, so far and for such
distance as the middle Of that
river i. made their common
boundary line by the first article
1f this treaty.
Mr.. Little. ] want to 20 on record
to the eject that we could not waive
that right to the navigation of that
river, just so that it will not look as
though We had admitted that we could
have done So
Mr.. Swing. Now, that is all as to the
Colorado River-this reservation for
the vessels and citizens Of the United
States and the agreement to treat it
jointly alike. each observing identical
ly the same provisions. stipulations,
and restrictions as to that part which
constituted their common boundary.
The following is new paragraph
Of the same article of the Gadsden
treaty in relation to the Rio Grande
alone:
The several provisions stipula-
tions, and restrictions contained in
the seventh article of the treaty
OF Guadalupe Hidalgo shall re-
main in force only so far as re-
CARDS the Rio Bravo del Ncrte
below the initial of the said
boundary provided in the first
article Of this treaty.
1t is thus provided that the Rio
Bravo del Norte or the Bio Grande
shall be open to vessels of both coun
tries. but as to the Colorado River the
only provision is a reservation to the
citizens and vessels of the United
States.
Mr.. Hayden. The reason for that
omission was that Mexican citizens
and vessels had a right to navigate
the Colorado River because the navi-
gable part Of 1t from the Gulf of
California to the mouth of the Gila
was then wholly in Mexico; they did
not need an express agreement.
Mr.. Swing. And now Mexico has
acquiesced in the obstruction of the
navigation of the Colorado River. so
far as they are concerned, by this
concession, by authorizing a Mexican
company to cooperate with an Ameri-
can corporation. to divert from the
Colorado River in the United States
2S4 cubic meters per second, or 10000
second-feet of water, and also author
lied the same Mexican corporation to
divert from the Colorado River in
Mexico an additional 10000 second
feet of water.
That they knew what they were
doing is shown by the report of their
engineer. De la Cara made to The
Mexican Minister of Fonento, and
dated January %. 1912, wherein he
SAYS:
The most reliable data which
we have to date for estimating
the division of the water is that
the river carries 442 meters per
second, and with this data l COM
pared the quantity of water which
the concession gives, that in ar
ticle l authorized the company to
pass through the Mexican terri
tory 284 cubic meters per second
of the water which it takes in
the American territory. and in
article A authorized the same
company to take another 284
cubic meters per second from the
Mexican territory-that is, to
take in the aggregate below Yuma
in both territories 568 cubic me-
ters per second; and, as we have
seen before, all the Colorado
River only carried 442 cubic me-
ters per second, so that all the
water of that river is not suf
ficient to satisfy the concession;
therefore i said at the beginning