Grande Valley on both the American and Mexican sides; and he desires to know to what extent this Government would be prepared to subsidize his company in the event that it should supply water for irrigation on the Mexican side of the river. As to the reservoir near El Paso referred to, it appears from the records of this office that a large area of land in New Mexico has been segregated as a reservoir site by the Director of the Geological Survey under the acts of October 2, 1888 (25 Stat., 505-526), and Aug. 30, 1890 (26 Stat., 371-391). In relation to the matter of the interference with the use of water for irrigation purposes on the Mexican side of the River, this office is not informed. Any representations of the Mexican Government upon this subject would doubtless be made to the Department of State; and I would therefore recommend that the matter be referred to that department. The papers and a duplicate of this report are herewith enclosed. Very respectfully, The Secretary of the Interior to Mr. N. P. Allison. DEPARTMENT OF THE INTERIOR, Washington, June 11, 1896. N. P. ALLISON, Esq., Secretary, &c., London, England. SIR: I have received your letter of April 10, 1896, with accompanying map, adverting to the demand of Mexico for compensation for damages for the appropriation of the waters of the Rio Grande by Americans and asking if the Rio Grande Irrigation & Land Co. (Ltd.) can be subsidized if it supplies water for irrigation on the Mexican side of the Rio Grande. Your letter was referred to the Commissioner of the General Land Office, and in reply thereto I enclose herewith a copy of the report of the Acting Commissioner dated the 5th instant. He states therein that his office is not informed respecting the matter of the interference with the use of the water of the above river for irrigation purposes and recommends the reference of the letter to the Department of State. I have accordingly transmitted your letter to the Secretary of State under cover of one of even date. Very respectfully, HOKE SMITH, Mr. N. P. Allison to the Secretary of the Interior. RIO GRANDE IRRIGATION LAND Co. (Ltd.), Westminster, London, S. W., June 24, 1896. The honorable the SECRETARY OF THE INTERIOR, Department of the Interior, Washington, D. C., U. S. A. SIR: We beg to acknowledge the receipt of your esteemed favor of the 11th instant and accompanying copy of acting commissioner's letter of June 5. Our El Paso representative has recently written us extensively relative to the surveys now being carried out on behalf of the United States Government, under the direction of Col. Anson Mills and Capt. George McC. Derby, with a view to storing water for the use of the farmers on the Mexican and American sides of the river in the Rio Grande Valley just below El Paso. Copies of the local papers just to hand refer in detail to the continued destruction of the property in the valley through failure of the water supply. We would also point out that even though the United States Government should go to the expense of constructing a storage dam at El Paso, this company's prior right to impound the flood waters of the Rio Grande, and what is known as the Elephant Butte Reservoir, will render the work practically in vain; our reservoir being capable of storing the whole of the flood waters of the stream for irrigation purposes in New Mexico, there will manifestly be but little water, if any, during the dry seasons left in the river for the El Paso Reservoir. Awaiting the reply of the Secretary of State, we remain, N. P. ALLISON, Secretary (pro tem.). The Acting Secretary of State to the Secretary of the Interior. DEPARTMENT OF STATE, Washington, June 24, 1896. The Honorable The SECRETARY OF THE INTERIOR. Your obedient servant, W. W. ROCKHILL, Mr. Nathan E. Boyd to the Secretary of State. 34 VICTORIA STREET, Westminster, London, S. W., June 26, 1896. The honourable the SECRETARY OF STATE, Washington, D. C., U. S. A. SIR: Having regard to the correspondence that has passed between the Department of the Interior and the secretary of this company we herewith take the liberty of submitting for your consideration copy thereof, and at the same time respect fully beg to refer somewhat in detail to the matter in question. In the honourable Secretary of the Interior's letter of the 11th instant it is stated that the Commissioner of the General Land Office “is not informed respecting the matter of interference with the use of the water of the Rio Grande," and "recommends referrence to the Department of State," but as the El Paso Times of the 3d instant in a lengthy article annent the subject of damming the Rio Grande, mentions that "Col. Anson Mills, United States Army, and Capt. George McC. Derby, appointed by the War Department consulting engineer to the boundary commission, which has been authorized to investigate and report upon the feasibility and probable cost of an international dam and reservoir across the Rio Grande above El Paso," are in the valley and ready to begin their surveys on behalf of the United States Government, we infer that your department is fully cognizant of the nature of the Mexican claim and the urgent necessity of immediate action if the orchards and vineyards in the El Paso Valley, both on the American and Mexican sides of the river, are to be saved from total destruction. Owing to the present appropriation of the entire flow of the Rio Grande (the river being unusually low for this season of the year) for irrigation in the Mesilla Valley in New Mexico, the river is wholly dry at El Paso, a condition that must obtain each year during the dry season as soon as this company's storage dam at Elephant Butte has been completed, unless we allow sufficient water from our storage reservoir to pass down the river or our main canals for the irrigation of the El Paso Valley, which would necessitate our having to abandon the construction of a considerable portion of our high-level canals intended for the irrigation of large blocks of mesa lands in New Mexico that must indirectly come under our control, and consequently be a source of profit to this company. The completion of our main dam at Elephant Butte will create such a very large reservoir that we will practically be able to impound the whole of the flood waters of the Rio Grande, and as this company has acquired (by lease) the Rio Grande Dam & Irrigation Co.'s rights, as secured under Territorial charter of incorporation, and by virtue of the dam sites and reservoir rights, and right of way, finally approved by the Secretary of the Interior on February 1, 1896, under the provisions of sections 18 to 21, act of March 5, 1891 (26 Stat. 1095), we are advised that we have the right to appropriate and utilize for irrigation in New Mexico the whole of the waters capable of being impounded in the Elephant Butte Reservoir. Such being the case, this company alone is in a position to supply sufficient water for the irrigation of the El Paso Valley, and in view of the enormous amount of capital your Government would have to expend in constructing a dam at El Paso in order to store so much of the flood waters of the Rio Grande (if any) as may at certain times of the year escape from reservoir through our spillway, we respectfully suggest that the most economical way of satisfying the Mexican claim will be for your Government to subsidise this company on condition that we supply sufficient water for the irrigation of the Mexican lands, the Mexicans paying an annual water rent of say $1.50 per acre for every acre irrigated, this company taking over and keeping in good repair the existing (Mexican) canal. We are informed that the Mexican Government, or rather the State of Chihuahua, is prepared to levy a special local land tax, to cover the annual water rent, providing your Government, by a subsidy or otherwise, purchases for the Mexican farmers from this company a perpetual water right to their 80,000 acres, or thereabouts, of irrigable land. Yours faithfully, For The Rio Grande Irrigation & Land Co. (Ltd.), NATHAN E. BOYD, Director. The Secretary of State to Mr. Nathan E. Boyd. DEPARTMENT OF STATE, Washington, July 9, 1896. NATHAN E. BOYD, Esq., Rio Grande Irrigation & Land Co. (Ltd.), No. 34 Pictoria Street, London, England. SIR: I have to acknowledge the receipt of your letter of the 26th ultimo, concerning the irrigation of certain lands in the United States and Mexico. I am, sir, your obedient servant, RICHARD OLNEY. The Mexican Minister to the Secretary of State. [Translation.] MEXICAN LEGATION, Washington, August 4, 1896. MR. SECRETARY: I have the honor to inform you that I have received instructions from the Mexican Government to submit to the United States Government a petition signed on the 22d June last, presented by Don Andrés Horcasitas, attorney of the inhabitants of Paso del Norte, Chihuahua, Mexico, in which, appealing to Article VII of the treaty of Guadalupe Hidalgo, of February 2, 1848, to Article I, last clause, of the treaty of December 30, 1853, to Article III of the convention of November 12, 1884, and to Article V of the convention of March 1, 1889, he requests the Mexican Government to recommend to the United States Government, the suspension of all work in the Rio Bravo by the Rio Grande Irrigation Co. (Ltd.). As the Mexican Government considers the petition of the inhabitants of Paso del Norte well founded, it has instructed me to transmit it to you, with the recommendation that the orders requested by those inhabitants be issued. 1, therefore, enclose a copy of Señor Horcasitas' petition, and the seven documents accompanying it. Accept, Mr. Secretary, etc., M. ROMERO. [Enclosure Translation.] To the SECRETARY OF FOREIGN RELATIONS: I, Andrés Horcasitas, with the due formalities, respectfully state: That, under date of August 26 of last year, I had the honor to address a communication to the department under your worthy care, enclosing, at the same time, another, signed at Ciudad Juarez by 170 persons residing at that place, both communications being intended. to show the imperative necessity of the construction, within as short a time as possible, at that city, of an "international dam," to remedy the distressing situation in which the towns on that part of the frontier are placed, owing to the scarcity of water, which, at certain periods of the year, amounts to entire deprivation. At the same time it was stated in that document that, in order that the said dam may benefit all the inhabitants of Ciudad Juarez, a special commission will have to take charge of the fair distribution of the water accumulated by it, and that the said dam should be constructed at the expense of the United States Treasury, as the imminent ruin threatening the inhabitants of that city is caused by the immoderate use made of the water of the Rio Grande in the State of Colorado |