AUTHENTICATION OF RECORD.

SUPREME COURT OF THE DISTRICT OF COLUMBIA:

I, Morgan H. Beach, clerk of the said court, do hereby certify that the writings annexed to this certificate are true copies of origi nals on file and of record in said office, and that said originals, together, constitute the record of the proceedings of said court in this

cause.

Witness my hand and the seal of said court this 15th day of March, 1923. [SEAL.]

MORGAN H. BEACH, Clerk.

I, Walter I. McCoy, chief justice of said court, do hereby certify the foregoing attestation by Morgan H. Beach, clerk of the said court, to be in due form.

Witness my hand and seal this 15th day of March, 1923. WALTER I. MCCOY, [SEAL.] Chief Justice.

I, Morgan H. Beach, clerk of said court, hereby certify that the Hon. Walter I. McCoy, whose genuine signature is subscribed to the foregoing certificate, was, at the time of signing and attesting the same, chief justice of said court, duly commissioned and qualified. Witness my hand and the seal of said court this 15th day of March, 1923.

[SEAL.]

MORGAN H. BEACH, Clerk.

MISCELLANEOUS DOCUMENTS.

Affidavit of John L. Campbell.1

John L. Campbell being duly sworn says that he is the Chief Engineer of the Rio Grande Dam & Irrigation Co., and under whose supervision the survey was made of the grounds selected by the said company for its main reservoir, under the act of Congress, approved March 3, 1894, granting right of way through the public lands and reservations of the United States for the use of canals, ditches, and reservoirs; that the limits of said grounds are as follows and comprise all lands lying within said limits; beginning at the initial point of this survey on the north line of the Armendarias Grant, Sierra County, N. Mex., from which said initial point, the NW. cor. of sec. 17, Tsp. 12 S., R. 3 W., bes. N. 38° 30′ W. 3,989 feet, as shown on the accompanying map; thence following the courses and distances along the flow line of said reservoir as given in the accompanying field notes and on said map by station numbers on the flow line in a generally northerly direction along said flow line to station 127 thereon from which the NE. cor. of sec. 19, Tsp. 11 S., R. 3 W., bes. S. 85° 40′ E. 831 feet; thence in a generally southerly direction along said flow line as represented on said map by station numbers to station 168 which said station 168 is on the north line of the Armendarias grant, and constituting the terminal point of this survey on the public domain of the United States; that from said terminal point at station 168 the NE. cor. of sec. 16, Tsp. 12 S., R. 3 W., bes. N. 42° 15′ E. 4,063 feet as shown on said map; that the flow line of said reservoir as it is herein described, located and shown on said map includes all the land shown within its limits; that the said map accurately represents the surveyed limits and area of the ground selected for said reservoir, and that the area of the grounds so selected and surveyed on the public domain is three thousand seven hundred and forty-nine acres (3,749), and no more (the area within the Armendarias grant is 4,216 acres and the total area of the reservoir 7,965 acres) that the total capacity of said reservoir is 253,368 acre-feet, of which capacity 86,300 acre-feet are on the public domain of the United States. That the company has occupied no other ground for reservoir purposes and that in his belief the grounds so selected are to their entire extent required by the company for the necessary uses contemplated by said act of

1 [Filed in the Department of the Interior in connection with the application of the Rio Grande Dam & Irrigation Co.-Agent's note.]

727

Congress, approved March 3, 1891. That the survey of said reservoir was begun on the 12th day of October, 1893, and was completed on the 11th day of November, 1893, and that the aforesaid flow line shown on the said map accurately represents a level line which is the proposed water line of the said reservoir, when full to the level of the spillway of the dam; and that such survey is accurately represented on the said map and in said field notes. And that the Company will use no lake or lake bed, stream or stream bed, except as shown on said map.

JOHN L. CAMPBELL,

Chief Engineer Rio Grande Dam & Irrigation Co. Sworn and subscribed to before me this 21st day of April, 1894. [SEAL.] MORRIS FRENDENTHAL,

Notary Public, Dona Ana County, N. Mex.

Affidavit of Edwin C. Roberts.1

I, Edwin C. Roberts, do hereby certify that I am president of the Rio Grande Dam & Irrigation Co.; that John L. Campbell, who subscribed to the accompanying affidavit is the chief engineer of said company; that the survey of the ground selected for the main reservoir of said company was made by said John L. Campbell under authority of said company; that the said survey of said reservoir grounds is accurately represented on the accompanying map and field notes; that the said reservoir as represented on said map and in said field notes was adopted by the company by a resolution of its board of directors on the 13th day of January, 1894, as the definite location of said reservoir as follows: beginning at the initial point of the survey on the north line of the Armendarias grant, Sierra County, N. Mex., from which said initial point the NW. cor. of sec. 17, Tsp. 12 S., R. 3 W., bes. N. 38° 30′ W. 3,989 feet as shown on the accompanying map; thence following the courses and distances along the flow line of said reservoir as given in the accompanying field notes and on said map by Stations No's. on the flow line in a generally northerly direction along said flow line to station 127 thereon, from which the NE. cor. of sec. 19, Tsp. 11 S., R. 3 W., bes. S. 85° 40′ E. 831 feet; thence in a generally southerly direction along said flow line as represented by station numbers on said map to station 168 thereon, the said station 168 being on the north line of the Armendarias grant and constituting the terminal point of the survey on the public domain of the United States; that from said terminal point at station 168 the NE. cor. of sec. 16, Tsp. 12 S., R. 3 W., bes. N. 42° 15′ E. 4,063 feet, as shown on said map; that

[Filed in the Department of the Interior in connection with the application of the Rio Grande Dam & Irrigation Co.-Agent's note.]

the flow line of said reservoir as it is herein described, located, and shown on said map includes all the land shown within its limits; that the said map accurately represents the surveyed limits and area of the ground selected for the said reservoir and that the area of the ground so selected and surveyed on the public domain is three thousand seven hundred and forty-nine (3,749) acres, and no more (the area within the Armendarias grant is 4,216 acres, the total area of the reservoir being 7,965 acres); that the total capacity of said reservoir is 253,368 acre-feet, of which capacity 86,300 acre-feet are on the public domain of the United States; that the said survey of said reservoir does not contemplate and no lake or lake bed, stream or stream bed will be used for said reservoir except as shown on said map; that the company has occupied no other ground for reservoir purposes and that, in my belief, the grounds so selected, surveyed, and designated are to the entire extent required by the company for the necessary uses contemplated in the act of Congress approved March 3, 1893, entitled "An act to repeal timber culture laws and for other purposes"; and I hereby further certify that the purpose of the aforesaid reservoir is to catch and store the surplus annual flood waters of the Rio Grande and use said waters in the irrigation of the Rio Grande Valley and for all other uses granted the said company in its charter and articles of incorporation; that the maximum flow of the Rio Grande is 17,000 second-feet, and the minimum flow is 0.0 second-feet; that the mean monthly flow is as follows, to wit: January 323 second-feet, February 545 secondfeet, March 1,145 second-feet, April 3,227 second-feet, May 8,811 second-feet, June 4,586 second-feet, July 546 second-feet, August 367 second-feet, September, 88 second-feet, October 33 second-feet, November 142 second-feet, December 303 second-feet; that the mean annual flow of said river from the above figures is 1,677 second-feet; that the above flow of the Rio Grande has been deduced by John L. Campbell, chief engineer of said company, from the gauging of said river made at El Paso, Tex., during the years 1889, 1890, and 1891 by Col. Anson Mills, and by the Hydrographical Branch of the United States Geological Survey under J. W. Powell, Director; that there are no other data available bearing on the flow of said. river in southern New Mexico; that the Rio Grande is not a navigable stream; that a second-foot of water as used herein means 50 miner's inches; and I hereby further certify that the aforesaid map of the reservoir has been prepared to be filed for the approval of the Secretary of the Interior in order that the company may obtain the benefit of sections 18 to 21, inclusive, of the said act of Congress approved March 3, 1891, entitled, "An act to repeal timber culture laws and for other purposes"; and I hereby further certify that the accompanying copy of the laws of the Territory of New Mexico

with the attached certificate with the proper officials and forming part of this application are submitted as the title and right of the Rio Grande Dam & Irrigation Co. to appropriate the said surplus flood waters of the Rio Grande and store them in said reservoir as provided by the said laws of said Territory; and I hereby further certify that this amended application is filed in lieu of the original application filed at the United States Land Office at Las Cruces, Dona Ana County, N. Mex., on the 3d day of February, 1894. EDWIN C. ROBERTS,

President of the Rio Grande Dam & Irrigation Co. Sworn and subscribed to this 21st day of April, 1894.

[SEAL.]

MORRIS FRENDENTHAL,

Notary Public, Dona Ana County, N. Mex.

Mr. W. T. Johns to the Register and Receiver, U. S. Land Office.

EL PASO, TEX., February 6, 1897.

The Hon. REGISTER AND RECEIVER U. S. LAND OFFICE,

Las Cruces, N. Mex.

DEAR SIR: The Rio Grande Dam & Irrigation Co. acknowledges receipt of the notice served upon it by you of this date to the effect that the Interior Department of the United States has never approved the right of this company to construct a dam across the Rio Grande near Fort Selden, N. Mex., or use material from the public domain for such construction, and requesting a reply as to the position of the company in the matter.

You also state that you have been directed by the honorable Secretary of the Interior to serve this notice.

In reply I desire to state for the company that it is one organized under the laws of the Territory of New Mexico for purposes entirely lawful and in accord with public welfare. In fact such a corporation. as it is in the policy of western and arid States to encourage in every way possible. It is true that some time since this corporation obtained a grant under the act of Congress approved March 3, 1891, and the approval of the honorable Secretary of the Interior of the right to construct a reservoir in the bed of the Rio Grande at Elephant Butte, in the Territory of New Mexico; and that it also applied for a right to construct a diverting dam by which the flood waters of the Rio Grande, which the company might store, and which now go to waste, might be led down from the impounding reservoir through the bed of the river to this diverting dam, and be diverted for beneficial purposes, but the Interior Department has not as yet seen proper to approve this last applied for grant to our company, and the company has not therefore occupied the grant so applied for.