Grande River, to the construction of a dam across said river at El Paso, Tex., and to the other subjects-matter of said resolution; And the Mexican Government, deeming that it is of vital interest for the Republic, and especially for the inhabitants of the right bank of the Rio Bravo (Grande) to contribute for their part to preparing the means for carrying out the negotiations recommended in the aforesaid resolution of the Congress of the United States of America; Col. Anson Mills and Senor Don F. Javier Osorno, members of the International Boundary Commission organized under the convention of March 1, 1889, are hereby requested and directed to investigate and report as soon as practicable upon the questions and matters following, to wit: 1. The amount of water of the Rio Grande taken by the irrigation canals constructed in the United States of America; 2. The average amount of water in said river year by year before the construction of said irrigation canals and since said construction-the present year included; 3. The best and most feasible mode-whether through a dam to be constructed across the Rio Grande near El Paso, Tex., or otherwiseof so regulating the use of the waters of said river as to secure to each country concerned and to its inhabitants their legal and equitable rights and interests in said waters. It is understood that the said Anson Mills and the said Senor Don F. Javier Osorno will also be requested and directed to perform the duties hereinbefore described on behalf of the Governments of the United States and Mexico; that each Government shall be at liberty to aid and facilitate the work to be accomplished by the employment of such engineers, clerks, and other agents as it may see fit; that the said Col. Anson Mills and the said Senor Don F. Javier Osorno, if they agree upon results, shall make a joint report to each Government, and if they disagree, and so far as they disagree, shall make separate reports to each; and that they shall finish their labors and make said report or reports within eight months from this date. Washington, May 6, 1896. No. 111. RICHARD OLNEY. The Secretary of State to the Mexican Minister. DEPARTMENT OF STATE, SIR: I have the honor to return herewith the instrument in Spanish and English empowering Messrs. Mills and Osorno, on behalf of the United States, to examine and report upon certain questions involving the equitable distribution and use of the waters of the Rio Grande by and between the countries of Mexico and the United States, respectively. You will remember my reason for making the authorization several by each Government and not jointly by the two-namely, that it is desirable to avoid giving the document the shape of a convention or treaty which would have to be ratified by the United States Senate. The Spanish and English versions issued by you and retained by me differ-by inadvertence, of course-in that in the Spanish version "Mexico" takes the place of "United States" on the last page, ninth line from top. I have struck out "Mexico" and substituted "los Estados Unidos," and shall consider that you approve the alteration unless you notify me to the contrary. The next step, I take it, is for each of us to enclose a copy of their commissions to both Messrs. Mills and Osorno, and ask them to at once begin work thereunder. I avail myself, etc., RICHARD OLNEY. The Secretary of State to Col. Anson Mills, Commissioner. DEPARTMENT OF STATE, Col. ANSON MILLS, U. S. A., Commissioner, etc., El Paso, Tex. Washington, May 13, 1896. SIR: I transmit herewith copies of instruments in English and Spanish, one signed by Mr. Romero, the Mexican minister at this capital, on behalf of Mexico, and one by myself, on behalf of the United States, empowering Mr. Osorno, the chief of the Mexican commission, and yourself to examine and report upon certain questions involving the equitable distribution and use of the waters of the Rio Grande between the two Republics. I understand that Mr. Romero has brought to the notice of Mr. Osorno the texts of this instrument, with a view to its prompt fulfillment. I shall, however, out of abundant caution, and following the suggestion in my note to Mr. Romero, inclose a copy of both texts to Mr. Osorno for his full and complete information. It is the desire of both Governments that the subjects mentioned in the commissions herewith be prosecuted without unnecessary delay to a completion within the stipulated period of eight months from May 6, 1896. The concluding part of these commissions contem plates that you and your colleague, in case of agreement as to results, "shall make a joint report to each Government, and if they disagree, and so far as they disagree, shall make separate reports to each." Commending the subject to your careful and earnest consideration, and enjoining prompt and energetic action, I am, sir, Your obedient servant, RICHARD OLNEY. Enclosure: Copy of instrument mentioned, in English and Spanish, dated May 6, 1896. The Secretary of the Interior to the Secretary of State. The SECRETARY OF STATE. SIR: I have the honor to enclose herewith a letter from N. P. Allison, Esq., Secretary of the Rio Grande Irrigation & Land Co. (Ltd.), dated at London, England, on April 10, 1896, adverting to the demand of the Mexican Government for compensation for damages for the appropriation of the waters of the Rio Grande by Americans and asking if his company can be subsidized if it supplies water for irrigation on the Mexican side of the river. I also enclose copy of a report on the above letter by the Acting Commissioner of the General Land Office, dated the 5th instant, wherein it is suggested that the matter be referred to your depart ment. A copy of the report has been sent to Mr. Allison and he has been advised that his letter has been thus forwarded. Very respectfully, [Enclosure 1.] HOKE SMITH, Secretary. THE RIO GRANDE IRRIGATION & LAND CO. (LTD.), 34 VICTORIA STREET, The Hon. HoKE SMITH, Westminster, S. W., April 10, 1896. Secretary of the Interior, Department of the Interior, Washington, D. C., U. S. A. DEAR SIR: We are informed by our representative in El Paso that in view of the demand of the Mexican minister at Washington, on behalf of his Government, for $11,000,000 as compensation for the appropriation of the waters of the Rio Grande by American irrigators, in New Mexico and Colorado, to the great detriment and loss of the Mexican farmers on the Mexican side of the Rio Grande, and in violation of the conditions of the Guadalupe Hidalgo treaty, your Government contemplates subsidizing the building of a storage dam at El Paso for the purpose of impounding sufficient, if possible, of the flood waters of the river to supply the Mexican irrigators on the Mexican side of the river, thereby making good your treaty obligation. As this company has acquired, by lease, from the Rio Grande Dam & Irrigation Co. of New Mexico, U. S. A., the right to put in a storage dam on the Rio Grande at Elephant Butte in Sierra County, N. Mex., and intends beginning the construction of a 96-foot solid masonry dam (stone and concrete) in August or September next-as soon as the river is low enough to enable the foundation to be laidwe beg to respectfully call your attention to the fact that after the completion of the Elephant Butte Dam, which will create a storage reservoir capable of impounding 11,036,722,000 cubic feet of water, this company will be in a position to provide an ample supply of water for the irrigation of the entire Valley of the Rio Grande from Elephant Butte in Sierra County, N. Mex., to Fort Quitman, Tex., the Mexican side of the valley below the southern boundary of New Mexico inclusive. We may say that our engineer has reported on the El Paso Dam site as being unfeasible. The cost of building a storage dam at any point in the canyon, just above El Paso, renders it impracticable. Owing to the width of the canyon and the enormous expense that would have to be incurred in obtaining a suitable foundation, together with the vast sum necessary to move the Santa Fe and Southern Pacific Railways, where they enter El Paso through the canyon, to higher levels, that would otherwise be submerged, and the large amount of compensation that would be payable to present owners of the magnificent body of irrigable land just above the El Paso canyon that would be flooded by the construction of a storage dam at El Paso, such a work is manifestly unfeasible. Besides, it is wholly unnecessary to attempt to provide for the storage of water at El Paso, as this company will, after this year, be able to make good your Government's obligation under its treaty with Mexico. I may also say for your information that although the Rio Grande Irrigation & Land Co. (Ltd.) has been incorporated as an English company, in order to provide the two or three million dollars necessary to carry out the objects of the Rio Grande Dam & Irrigation Co. of New Mexico, the shares of the English company are mostly held by Americans. We enclose copy of map, showing the extent of the irrigation works this company intends to carry out within the course of the next year or two, and will be glad to hear from you to what extent your Government would be prepared to subsidize this company in the event of our supplying water to the Mexican irrigators on the Mexican side of the river in and about Juarez in the El Paso Valley. Yours, very faithfully, For the Rio Grande Irrigation & Land Co. (Ld.), (Signed) Directors: The Right Hon. the Earl of Winchilsea and Nottingham: the Right Hon. Lord Clanmorris; Lord Ernest W. Hamilton; Robert J. Price, M. P.; Col. W. J. Engledue, late R. E.; John Ferguson; Nathan E. Boyd, M. D.; R. Chetham-Strode, M. B. [Enclosure 2.] DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., June 5, 1896. The honorable the SECRETARY OF THE INTERIOR. SIR: I am in receipt by reference from the department for report in duplicate and return of papers of a letter of Mr. N. P. Allison, secretary of the Rio Grande Irrigation & Land Co. (Ltd.), dated London, England, April 10, 1896, in relation to the Elephant Butte Reservoir of the Rio Grande Dam & Irrigation Co. The writer states that he is informed that the Mexican Minister at Washington has made a demand upon this Government for $11,000,000 as compensation for the appropriation of the waters of the Rio Grande River for irrigation purposes in New Mexico and Colorado, which is claimed to be to the great detriment and loss of the Mexican farmers on the Mexican side of the Rio Grande River, and which is also claimed to be in violation of the conditions of the treaty of Guadalupe Hidalgo. The writer also stated that he is informed that this Government contemplates subsidizing the building of a storage dam at El Paso for the purpose of impounding a sufficient amount of the flood waters of the river, if possible, to supply the Mexican irrigators according to their claims under the treaty. He states that the company of which he is secretary has acquired by lease from the Rio Grande Dam & Irrigation Co. the right to construct a storage dam at Elephant Butte Reservoir, right of way for which, as the records of this office show, was approved to the latter company on February 1, 1896, under the provisions of sections 18 to 21, act of March 3, 1891 (26 Stat. 1095). The writer claims that the projected reservoir at El Paso is not feasible and that the Elephant Butte Reservoir is capable of impounding an ample supply of water for a very large area of the Rio |