Measurement of the annual flow of the river at Embudo in northern New Mexico (over 500 miles above El Paso by the river's course) showed there a greater flow than at El Paso.

As I stated in my letter to the Secretary of State before mentioned, I have navigated the river at El Paso by rafting logs down its channel, and have known others to do so, and from my knowledge of the river above near Elephant Butte, I know that the conformation of the bed and banks there make navigation, by reason of the deeper and more confined channel, more feasible than at El Paso, where the two acts of Congress, referred to in my endorsement before mentioned, appear there to recognize the navigability of the Rio Grande at El Paso.

By actual measurement the flow at El Paso is sometimes throughout an entire month as great as 12,000 cubic feet per second, which for that time would make it rank among our large rivers. And while it is true it is very variable as compared with other rivers, it is susceptible of navigation both there and at Embudo, 500 miles. above, and of course including the location of the dam at Elephant Butte, 125 miles above El Paso.

Very respectfully, your obedient servant,

ANSON MILLS,

Colonel 3rd Cavalry, U. S. A., Commissioner.

[Ninth indorsement.]

ADJUTANT GENERAL'S OFFICE,
February 15th, 1897.

Respectfully returned to the Secretary of War, inviting attention to 6th and 8th indorsements hereon.

Respectfully returned to the Chief of Engineers for report as to whether or not the obstruction complained of has been or is about to be erected, attention being invited to the concluding paragraphs of the opinion of the Attorney General, dated 24th instant herewith. By order of the Secretary of War.

JOHN TWEEDALE,

Chief Clerk.

[Eleventh indorsement.]

OFFICE CHIEF OF ENGINEERS, U. S. ARMY,

May 4, 1897.

Respectfully returned to the Secretary of War, inviting attention to the accompanying telegrams of May 2nd and 3rd from Colonel

Mills, which give the information called for by the Secretary in 10th indorsement hereon.

JOHN M. WILSON,

Brig. Gen., Chief of Engineers, U. S. Army.

The Secretary of State to Mr. J. H. McGowan et al.

DEPARTMENT OF STATE, Washington, January 20, 1897.

Messrs. J. H. McGowAN,

HOLCOMB & KEEGIN,

Washington, D. C.

GENTLEMEN: Referring to your letter of the 30th ultimo,' I have to inform you that in response to the suggestion of this department the Secretary of the Interior, in a letter dated the 13th instant, stated that the order of the Interior Department of December 5, directing suspension of action on all applications for right of way for irrigation purposes by the use of the waters of the Rio Grande or any of its tributaries in Colorado or New Mexico, has been modified so that, as far as it relates to the tributaries of the Río Grande, the suspension shall apply to those tributaries only which empty into that river above the point where it becomes the boundary between the United States and Mexico.

I am, Gentlemen,

Your obedient Servant,

RICHARD OLNEY.

The Acting Chief of Engineers to Maj. A. M. Miller.2
OFFICE OF THE CHIEF OF ENGINEERS,

Maj. A. M. MILLER,

UNITED STATES ARMY, Washington, D. C., January 25, 1897.

Corps of Engineers, Galveston, Tex.

MAJOR: A communication from the State Department inclosing from the Mexican minister a petition on behalf of citizens of Mexico against the proposed operation of a dam across the Rio Grande at Elephant Butte, N. Mex., to be built by the Rio Grande Dam & Irrigation Co. has been received at this office.

The State Department wishes to be informed as to whether the river in the parts which will be affected by the dam is a navigable water of the United States within the meaning of the river and

[Not printed.

See S. Doc. 154, 57th Cong., 2d sess., p. 30.-Agent's note.] [See "Second indorsement" by A. Mackenzie, Acting Chief of Engineers, January 25, 1897, ante, p. 299.-Agent's note.]

harbor laws of 1890 and 1892, so as to make the sanction of the Secretary of War prerequisite to the lawful erection of the dam.

On account of Captain Derby's personal acquaintance with the question, the papers have been referred to him to furnish such information on the subject as may be in his possession, but they will be forwarded by him to you, and it is desired that as thorough investigation be made by you of this matter as is practicable.

It is suggested that Mr. Gerald Bagnall, who made report on a survey of the river in 1889, may have other information regarding the commerce, etc., of the Rio Grande which may be of value in your investigation.

Very respectfully, your obedient servant,

A. MACKENZIE, Acting Chief of Engineers.

The Mexican Minister to the Secretary of State.

[Translation.]

LEGATION OF MEXICO, Washington, January 30, 1897. MR. SECRETARY: I have the honor to inform you, referring to my note of the 5th instant, as an inclosure to which I sent you a draft of a convention between Mexico and the United States for the construction of an international dam in the Rio Bravo del Norte (Rio Grande) near El Paso, Tex., with a view to providing for the equitable division of the water of that river, that I have submitted that draft to my Government and have now received its instructions, in which it authorizes me to sign it, with some modifications of form, which are contained in the new draft which I herewith inclose.

In order to facilitate the examination of this new draft at the Department of State, I would remark that the modifications are in Articles II, III, VI, and VIII, and that, as already stated, they consist of additions and alterations of mere form, the object of which is to make it clearer and more conformable to the recommendations of the International Water Boundary Commission.

Be pleased to accept, Mr. Secretary, the assurances of my most distinguished consideration.

Inclosure Draft of a convention.

M. ROMERO.

[Enclosure Translation.]

The Government of the United States of Mexico and the Government of the United States of America, desiring to settle in a friendly and equitable manner the question which has

grown

out

of the use, in the State of Colorado and the Territory of New Mexico, of the water of the Rio Bravo del Norte and its tributaries-the said Rio Bravo del Norte forming the boundary line between the two countries from El Paso del Norte to the point where it empties into the Gulf of Mexico, by the use of which water the inhabitants of the river banks situated below El Paso del Norte have been deprived of that water for several years, although they had a prior claim, owing to their having used it in irrigating their lands for nearly four hundred years, the result being that the part of said river which is comprised between El Paso and the Conchos River is without water for several months in the year, and the freshets cause changes through avulsion and erosion which give rise to frequent questions, and difficulties-have agreed, after hearing the report of the special mixed commission appointed to examine this matter and propose such an equitable settlement as may secure the reciprocal rights of the two countries interested, to conclude a convention for that purpose, and have appointed as their respective plenipotentiaries:

The President of the United States of Mexico, Matias Romero, envoy extraordinary and minister plenipotentiary of the United States of Mexico at Washington; and

The President of the United States of America, Richard Olney, Secretary of State of the United States of America;

Who, having shown each other their respective full powers and found them to be in good and due form, have agreed upon the following articles :

ARTICLE I.

In order to attain the objects stated in the preamble of this convention, an international dam shall be built in the Rio Bravo del Norte in the shortest time possible, not exceeding

years, about three miles above El Paso, fifteen miles long by about three and a half wide, in the manner and on the terms proposed by the mixed commission.

ARTICLE II.

The Government of the United States of America, by way of compensation for the losses sustained by Mexican citizens, owing to the use of the water of the Rio Bravo del Norte in the State of Colorado and the Territory of New Mexico, shall pay all expenses necessary for the construction of the dam, changes in railroads, and purchase of land in the manner proposed in the report of the special commission, and shall cede to the Government of Mexico the portion of territory referred to in Article III of this convention.

ARTICLE III.

In order that the dam whose construction is provided for by this convention may be of a truly international character-that is to say, that it may be built on the boundary line between the two countries-the United States of America agree to cede to Mexico such portion of territory as may be necessary, which, according to the report of the special mixed commission, will not exceed 100 acres, so that the southwest side of the dam may be in Mexican territory.

The Government of the United States of Mexico shall recognize and respect in the ceded territory the rights granted by the Government of the United States of America to the Southern Pacific Railway Co. on that part of their line which passes through the ceded territory.

ARTICLE IV.

The Government of the United States of Mexico shall appoint such officer or agents as it may think proper to supervise the construction of the dam in order that it may be built according to the stipulations of this convention and the specifications of the work.

ARTICLE V.

Each of the contracting parties shall own one-half of the water contained in the dam, and each shall appoint a commissioner and such other officers as it may think necessary to arrange for the equal division of the water and to cause the remainder, in case either of the Governments shall not use the half belonging to it, to be regulated in such a manner that the dam may be regularly emptied and filled, a uniform current being maintained in the river, as far as possible, with a view to avoiding changes in its bed through erosion or evulsion. In cases of doubt the decision of both commissioners shall be considered binding upon both Governments, unless either of them shall disapprove it within a month, in which case both Governments shall examine the case and shall decide it amicably in such manner as shall appear to them justifiable and proper.

The same thing shall be done when the commissioners fail to agree on the point that gives rise to the doubt or question in which case each commissioner shall prepare a written report and shall lay it before his Government.

ARTICLE VI.

With a view to preventing such taking of water hereafter as may still further diminish the volume of water in the Rio Bravo del Norte