AZ vs. CA:03 California Exhibits, Vol III; Nos. 114-150

page 21

-21- Government's contention that the diversion of water from the Colorado by The California Development Company at a point where said River is wholly within the United States is in violation of its rights under these Treaties cannot be maintained. I do not understand, however, that I am expected to go into a consideration of the respective rights of the two Governments in this matter. I, therefore, conclude this report with the following summary of facts, which my investigation shows to exist. The Colorado River is now, and always has been, extremely difficult of navigation, owing to natural peculiar characteristics of the Stream. Notwithstanding this, it was, at one time, the main dependence of the country through which it flows, as a means of transportation of supplies, etc. This business has fallen away almost entirely since the construction of railways through that section, but the River is still navigated to a small extent above Yuma by two or three very light draft steamers and barges, which make their way up and down the River with difficulty. There are no vessels on the River at any point flying the Mexican flag, and no navigation whatever below Yuma. A company has been organized, however, which proposes to establish a line of light draft steamers to operate from Needles, California, to the mouth of said River, and this Company professes faith in the success of the undertaking. This Company objects to the diversion of water for irrigating purposes on the ground that such an act will impair the navigability of the stream below the point of diversion. This is also the objection and ground of the Mexican Government. Considerable quantities of water are at present being diverted from the Colorado River at points within the