The Coconino sun., 1924-09-12

agreements of the old c. D. Co.,
which agreements, with some change
from time to time, still exist. Hence
as long as the Imperial Valley uses
its present intake (Hanlon Heading0
and canal the Mexican lands will take
the water.
The All American Canal
The Imperial Valley people desire
to be released from the present sys-
tenn which has proven burdensome
and unsatisfactory, and have survey
ed a new canal entirely ON the Unit
ed States side of the boundary line
beginning at the Laguna Dam, and
they have entered into an agreement
tn the secretary of the interior
purchase from the Yuma Project
an interest in and right to enlarge,
improve and use the Laguna Dam as
q headgate for the proposed All Ann
erican Canal. This canal, when con-
structed, will carry water to a high
er level in the Imperial Valley than
the present system whereby between
100000 to 100000 more acres may
be reclaimed in the Imperial and
pumping If and when it is done, the
boundary line, will be abandoned, not
being longer needed for service to
American lands, and the Mexican ir-
rigators will be compelled to take
their water from the river below the
boundary line the best they can.
American Rights
As we have said, American farmers
may drain the river dry, if they can
and need the water, without violat-
ing any legal right of treaty with
Mexico.
Our national policy is well settled
and well expressed in the opinion of
Attorney General Judson Harmon,
rendered at the request of the then
Secretary of State concerning claims
filed by Mexico respecting the waters
of the Rio Grande that had been used
on Mexican lands for more than 100
years and the right established under
similar laws to the Arizona law, and
at a time when the entire river was
in Mexican territory, and this water
being taken out by American farmers
on American lands so that the river
was dried up during the dry part of
the season when the water was most
needed, causing great losses for lack
Of water in Mexico and the, Mexicans
complained.
The rule, or principle of policy, for
it may be so called, set out in the
opinion referred to and applied in
that case will govern in the case of
the Colorado River, and reads in
part as follows:
"But when the use of water by the
Inhabitants of the upper country re-
suits in reducing the volume which
enters the other, it is a diminution
of the servitude. The injury now
complained of is remote and in
direct consequence of acts which OPP
crate as deprivation by prior enjoy
ment. So it is evident that what is
which makes the lower country domi-
nant and subjects an upper country
to the burden of arresting its develop
ment and denying to its inhabitants
the use of provision which nature
has supplied within its own country.
"Such consequence of the doctrine
of the international servitude is not
within the language used by any
writer with whose work | am famil-
lar, and could not have been within
the range of his thought without
finding expression.
'The jurisdiction Of the nation
within its own territory is necesSari-
ly conclusive and absolute. 1t is
susceptible of no limitation not inn
posed by itself. Any restriction upon
it, deriving validity from an external
source, would imply a diminution on
its sovereignty to the extent of the
restriction, and an investment of that
sovereignty to the same extent in
that power which could impose such
restriction.
call exceptions, therefore, to the
full and complete power of a nation
within its own territories must be
traced up to the consent of the nation
itself. They can flow from no other
legitimate source.
"The immediate as we'll as the pos
sible consequences Of the right as
serted by Mexico show that its rec
ognition is entirely inconsistent |
with the sovereignty of the United |
States over its national domain. |
Apart from the sum demanded by way
of indemnity for the past, (approxi-
mately $35,000,000) the claim involves
not only the arrest of further set
Element and development of large
regions of country, but the abandon
ment, in great measure at least, of |