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AMERICAN AND BRITISH CLAIMS
ARBITRATION.
Claim no 83
THE RIO GRANDE CLAIM.
Appendix to the Answer of the United States.
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1923.
3 3X 5 6 0
CONTENTS OF APPENDIX.
Page.
Judicial decisions. The United States of America v. The Rio Grande Dam
and Irrigation Company and The Rio Grande Irrigation and Land Com-
pany, Limited:
First trial of the case-
Proceedings in the district court-
Order granting temporary injunction, May 24, 1897-
Interlocutory order sustaining motion and dissolving injunc-
tion, July 3, 1897----
Final decree dissolving injunction, dismissing complaint, and
granting an appeal to the Supreme Court of the Territory
of New Mexico, July 30, 1897, filed July 31, 1897_.
Opinion of the court.
Proceedings in the Supreme Court of the Territory of New
Mexico-
Final decree affirming the judgment of the district court and
granting an appeal to the Supreme Court of the United
States, August 25, 1897.
Opinion of the court, January 5, 1898-
Proceedings in the Supreme Court of the United States-
Opinion of the court, May 22, 1899.
Second trial of the case-
Mandates-
Mandate of the Supreme Court of the United States to the
Supreme Court of the Territory of New Mexico, June 13,
1899, filed July 5, 1899_.
Mandate of the Supreme Court of the Territory of New
Mexico to the District Court of the Third Judicial District
of the Territory of New Mexico, July 14, 1899, filed July
15, 1899.
Findings of fact, January 1, 1900, filed January 2, 1900____
Final decree overruling motion, dismissing complaint, and
of New Mexico, January 9, 1900, filed January 9, 1900____
Final decree affirming the judgment of the district court,
August 24, 1900___
Opinion of the court, August 24, 1900_
Order granting an appeal to the Supreme Court of the
United States, November 13, 1900, filed November 14,
1900
63
Opinion of the court, March 3, 1902_.
64
III
Judicial decisions-Continued.
Third trial of the case-
Supreme Court of the Territory of New Mexico, April, 3,
1902, filed April 24, 1902–
of the Territory of New Mexico, April 28, 1902, filed April
30, 1902
Order denying petition of intervention of Territory, January
22, 1903, filed January 22, 1903_.
Order granting leave to file supplemental complaint, April
7, 1903
Decree allowing injunction, May 21, 1903, filed May 21,
1903
Order granting leave to file amended decree, October 5,
1903, filed October 5, 1903_
76
Amended decree, October 5, 1903, filed October 5, 1903_.
Order overruling motion to open default, January 29, 1904,
filed January 29, 1904_-.
78
Order granting an appeal to the Supreme Court of the Ter-
ritory of New Mexico, February 25, 1904, filed March 8,
1904
79
March 2, 1906
80
Opinion of the court, March 2, 1906_.
81
United States, August 29, 1906---
91
Opinion of the court, December 13, 1909__.
Treaties, statutes, resolutions, departmental regulations, and administra-
tive decisions:
Treaties-
United States and Mexico-
1848. Treaty of peace, friendship, limits, and settlement----
1853. Treaty of boundary, cession of territory, transit of
Isthmus of Tehuantepec, etc_____.
101
102
1884. Boundary convention, Rio Grande and Rio Colorado--
1889. Convention establishing the present international
boundary commission
104
106
1906. Convention for the equitable distribution of the waters
of the Rio Grande___.
110
United States and Great Britain-
1909. Boundary waters between the United States and
Canada__.
112
Statutes-
Federal statutes-
Act July 26, 1866, c. 262, sec. 9-Confirmation of water rights
on public lands_.
121
Treaties, statutes, resolutions, departmental regulations, etc.-Continued.
Statutes-Continued.
Federal statutes-Continued.
Act July 9, 1870, c. 235, sec. 17-Patents, preemptions and
homesteads, subject to vested and accrued water rights--
Act March 3, 1887, c. 107-Water rights on desert lands_.
Act March 3, 1887, c. 340-Prohibiting aliens and foreign
corporations from holding real property in the Territories
of the United States____
122
Act October 2, 1888, c. 1069-Irrigation survey of arid
regions; withdrawal of lands_____.
123
Act March 2, 1889, c. 411-Irrigation survey of the arid
region_____
124
Act August 30, 1890, c. 837-Restoration of withdrawn
lands; reservation for ditches____
125
Act September 19, 1890, c. 907, sec. 10-Prohibition of ob-
struction to navigable capacity of waters__
Act March 3, 1891, c. 561, secs. 4, 5, 6, 7, and 8-Water rights
on desert lands_____.
126
Act March 3, 1891, c. 561, secs. 18, 19, 20, and 21-Reservoir
sites and rights of way on public lands_-_
128
Act July 13, 1892, c. 158, sec. 3-Prohibiting obstruction of
navigable waters
129
Act January 21, 1895, c. 37-Rights of way on public lands
for tramroads, canals, or reservoirs_‒‒‒‒
130
Act February 26, 1897, c. 335-Opening of reserved reservoir
sites
Act June 17, 1902, c. 1093-The national irrigation (reclama-
tion) act
131
Act February 25, 1905, c. 798-Construction of a dam on the
Rio Grande
135
Act June 12, 1906, c. 3288-Extension of national irrigation
act to Texas..
Act March 4, 1907, c. 2918-Appropriation for construction
of dam on the Rio Grande___
Statutes of the Territory of New Mexico-
Act January 7, 1852, establishing public ditches or acequias_
Act January 9, 1874, construction of private or common
acequias
136
Act February 24, 1887, authorizing formation of companies
for irrigation purposes..
137
Act February 26, 1891, method of establishing rights of
appropriation of waters____
140
Act March 18, 1897, c. 73, code of civil procedure.
141
Act March 19, 1907, conserving and regulating use of waters
in New Mexico_--_.
142
Constitution of the State of New Mexico, Article XVI, irri-
gation and water rights----
143
Statutes of the State of Texas-
Act April 24, 1905, authorizing operation of reclamation act
of Congress in Texas in certain cases.
144
Resolutions-
Concurrent resolution of Congress, April 29, 1890-
145