BILL (H. R. 9710) TO PROVIDE FOR THE EQUITABLE DISTRIBUTION

OF THE WATERS OF THE RIO GRANDE RIVER BETWEEN THE
UNITED STATES OF AMERICA AND THE UNITED STATES OF

MEXICO, AND FOR THE PURPOSE OF BUILDING AN

INTERNATIONAL DAM AND RESERVOIR ON SAID
RIVER AT EL PASO, TEX.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1901.

[Fifty-sixth Congress, first session. H. R. 9710, In the House of Representatives.]

MARCH 19, 1900.-Mr. Stephens introduced the following bill; which was referred to the Committee on Foreign Affairs, and ordered to be printed.

A BILL to provide for the equitable distribution of the waters of the Rio Grande River between the United States of America and the United States of Mexico, and for the purpose of building an international dam and reservoir on said river at El Paso, Tex.

Whereas the Republic of Mexico has made reclamation of the United States to the Secretary of State, through its legation in Washington, for a large indemnity for water alleged to have been taken and used by the citizens of the United States in Colorado and New Mexico, on the head waters of the Rio Grande, to which citizens of Mexico had right by prior appropriation, in violation of the spirit of article seven of the treaty of peace of Guadalupe Hidalgo; and

Whereas an investigation directed jointly by the State Departments of the two Republics and carried out by the International Boundary Commission organized under the convention of March first, eighteen hundred and eighty-nine, discovered the fact that the flow of the river has gradually diminished for the past fifteen years in an increasing ratio, so that the ordinary summer's flow in the lower river is inadequate to supply the wants of irrigation, domestic, and other purposes, as has been supplied in previous years; and

Whereas a remedy has been proposed by the two Governments for this deficiency by impounding in an international dam and reservoir, near the boundary line between the two Republics, the annual flood waters of the spring season, which are greatly in excess of the wants of irrigation, domestic, and other purposes in those seasons, such waters to be equitably distributed between the two Republics; and

Whereas it was afterwards discovered that other like projects of large dams and reservoirs were contemplated above said proposed international dam and reservoir; and Whereas the two Governments jointly directed the International Boundary Commission herein before mentioned to investigate and report upon the feasibility of the project; and

Whereas said commission reported that, in their judgment, the project was feasible, but that the flow was insufficient for more than one reservoir; and

Whereas the two Governments were unable to agree upon the construction of said proposed international dam and reservoir until some method of restraining the building and use of other dams and reservoirs which would destroy the usefulness of said proposed international dam and reservoir has been devised: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing in the acts of March third, eighteen hundred and ninety-one, January twenty-first, eighteen hundred and ninety-five, February twentysixth, eighteen hundred and ninety-seven, and May eleventh, eighteen hundred and ninety-eight, shall be so construed as to authorize the appropriation and storage of the waters of the Rio Grande or its tributaries in the Territory of New Mexico to which others have right by prior appropriation; and every person and every corporation which shall be guilty of thus unlawfully appropriating and storing said waters in this act mentioned shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. The unlawful appropriating and storing of water in this act mentioned may be prevented, and the dam, reservoir, or other means used for impounding the water may be removed by the injunction of any circuit court exercising jurisdiction in any district in which said water may be appropriated or stored, and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States.

SEC. 2. That the Secretary of State is hereby authorized to proceed with the con summation of the proposed treaty between the United States of America and the United States of Mexico, and if the United States of Mexico shall accept the construction of the proposed dam and reservoir, with the conditions that the flood water impounded by it shall be equally distributed between the two countries as liquidation of all past and future claims for water appropriated in the past or to be appropriated in the future by citizens of the United States otherwise than by impounding it in large dams and reservoirs in New Mexico, then the Secretary of State is further authorized to proceed with the construction of said dam and reservoir according to the plans and specifications submitted in the report of the International Boundary Commission, as published in Senate Document Numbered Two hundred and twentynine, Fifty-fifth Congress, second session, and the sum of two million three hundred and seventeen thousand one hundred and thirteen dollars and thirty-six cents is hereby appropriated for that purpose.

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JUN 27 1922

EL PASO DAM AND ELEPHANT BUTTE DAM.

SUBCOMMITTEE, COMMITTEE ON FOREIGN AFFAIRS,

HOUSE OF REPRESENTATIVES, Washington, D. C., Friday, May 25, 1900. The subcommittee met at 10.30 o'clock a. m., Hon. Joel P. Heatwole in the chair.

Present: Representatives Hitt, Heatwole (chairman), Brown, Dinsmore, and Burleson.

Present, also, Representative John H. Stephens, of Texas; also Messrs. H. B. Ferguson, D. N, Marron, Summers Burkhart, and Thomas S. Hubbell, representing the Territory of New Mexico.

The CHAIRMAN (Mr. HEATWOLE). The subcommittee has met, gentlemen, to hear the committee from the Territory of New Mexico in regard to House bill 9710, which is entitled "A bill to provide for the equitable distribution of the waters of the Rio Grande River between the United States of America and the United States of Mexico, and for the purpose of building an international dam and reservoir on said river at El Paso, Texas."

We will be very glad to hear from the committee.

STATEMENT OF H. B. FERGUSON, ESQ.

Mr. FERGUSON. May it please the gentlemen of the committee, we are here in consequence of the action of the Territory of New Mexico, which regularly called a convention for the purpose of taking action on this bill (H. R. 9710), the title of which has been read by the chairman of the subcommittee. This bill was introduced some time ago by Hon. John H. Stephens, representing the El Paso district of Texas in Congress; and straightway an agitation began in the Territory, which finally culminated in the issuance by the governor of a call of the Territorial convention to consider the question. That convention was a very large and influential one. It met at Albuquerque on the 15th of May and passed resolutions, copies of which, I think, have been forwarded to the members of this committee; and among other things it provided that the governor should appoint and regularly commission twelve gentlemen to come to Washington in person and protest against the passage of this bill.

We are here in pursuance of that duty. The four of us who are here are members of the committee of twelve commissioned regularly by the governor. Another one of our number, former Associate Justice of the Supreme Court of New Mexico Freeman, who was judge of the supreme court of that Territory under Mr. Harrison's Administration, we have every reason to believe is in town, but we can not find him yet.

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