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Show 1880 HISTORY ernor Otero addressed a communication ‘44 to the Honorable ; 444 In a protest to the secretary of state, accompanying a cot rendered by Gideon D. Bantz, judge suit of the United States of America Company, in which Judge Bantz of the third judicial held that the Rio ae Grande oa stream as contended by the government, above El Paso, an thereof are local waters under local control by authority of te their interruption States and or any treaty, diversion are not Governor Otero in violation of any said phi mas a distri cs v. The Rio Grande sap besa Jo opinion i the Irrigation nee that the waters ess, and that ¢ the United a the ‘Territory hest rights of her of New Mexico, and in defense of what I believe to be the aes of the Treaty people, I desire to enter an earnest protest against the ae by the Republic between the United States and the Republic of Mexico, sai ca of Mexico asserts, and seeks to obtain, joint Grande and other rivers flowing through the prevent the construction of systems of storage in said Territory. A draft of such treaty, as been prepared pending for by the representative consideration by your of the control of +t a Territory of and I have been re Mexican department. In Se ae rs of the Rio Ww Mexico, an to cn gaid streams ae ch formed, has givens and is now of this protest 1 ‘aed should not beg leave to submit the following facts and reasons why suc be entered into by the government of the United States. _ o at a point near ‘*1. The Rio Grande enters the Territory of New the town of Antonito, in the state of Colorado, flows ae tion of the Territory a distance of about five hundred mi trom near the City of El Paso, in the state of Texas, and is river ‘2. of said Territory. The Rio Grande is really a small stream through the mountains of northern New Mexico, central and southern portions of the Territory. It valleys in the northern part of the Territory, and southern boundary, it flows practically through one valley. of pane ter. 9 the central por emerging there wereiaal important _ It flows ‘the valleys throug ag! a from | ti continuo rapid t The most thickly settled portion of the Territory of New Mexico is the nde valley. For many years almost the entire populat ion of the Territory was congregated along this stream, and the wealth of the Territory, as tepresented by its agriculture, horticul ture, and mining industry, is found in this valley and tributary to it, with this exception that the Pecos and Gila valleys within the last few years have been developed very rapidly and are fast of the Rio Grande. ‘“‘4, The Rio Grande is not a navigable stream in any part of the Territory of New Mexico, and never becoming rivals has been, nor has it ever been used for any beneficial purpose other than for agriculture, horticul ture, mining, and stock raising. From a residence in the Territory of New Mexico of more than eighteen years, I am very familiar with this stream, and from this knowledge I can say that it is absurd to claim that the Rio Grande is, or ever has been, a navigable stream. Indeed, the nature of this river in the central and southern portions of the Territory makes it impossible that it shall ever be a navigable stream. In those banks are almost entirely sand, the banks being until the stream has become so wide that it has Large sand bars form every few miles in the stream,a depth rising hear and sometimes above the surface of the water, flood time in the spring, even logs could not be floatedso that, unless during the upon its waters, and so far as Iam aware no such portions of the Territory constantly cut away of but a few inches. dry during the cropping water for a distance of the attempt has been made. This river goes perfectly season, and I have known it to be entirely without 230 miles from the southern line of the Territory. Within the last ten years the Rio Grande been dry for a Wistance of 150 miles above the city of El Paso, one-half of has the time during the cropping season, and during those years said river has been entirely dry from the city of El Paso, ex., to the Concho, a distance of 200 miles below. There is a time during the Spring of each year, usually during the months of May and June, when a large quantity of flood water passes down this stream from the rains and melting of Colorado and New Mexico, there is sufficient water for all of the lands now under and during this period cultivation along said Tiver in said Territory, and indeed much more than is necessary for such purPose; but after the flood waters have ceased snows in the mountains to flow it is an exceptional year when there ig sufficient water for the lands now under cultivation. ‘5. The people of New Mexico have been using the waters of the Rio Grande for many years for the purposes of irrigati on, and have constructed systems of irrigation suitable to the necessities of the different valleys along the anks of that stream. Large areas of fertile lands now under cultivation, and steat quantities of grain, fruits, and forage are raised by the people of the erritory by means of irrigation from this stream; and, indeed, it is impossible to raise crops in the Territory of New Mexico, especial ly in the Rio Grande alley, without artificial] irrigation. Water rights have been obtained in the ditches constructed by the people at great expense, and to prevent the use of 8 ‘waters ‘of the Rio Grande for the purpose of irrigation would practically estroy New Mexico and make it what it once was—a portion of the american Desert, ruining thousands of people settled along this stream, Great and *stroying vast amounts of valuable property. ng ; ; System of storage ment, reservoirs along the Rio Grande is, in my judg- absolutely essentia to the growth and prosperi “Iritory, for the reason l that and the there are large quantitiesty of ofthe themostpeople fertile lands ving i their arid condition even along the banks of said river, because they sn Ot be urigated from the present supply of water and the ditches now existing; " Educated to business methods, a financier of no mean ability, a : efforts within a brief period were crowned with pronounced Alive to the efforts of certain speculators and owners of great lande interests on both sides of the Rio Grande in the vicinity of Hl — Texas, to commit the general government to the construction : 7 international dam and reservoir in the valley of the Rio Gran 2 short distance above the city of El Paso, in the state of Texas, Be D27 Sherman, secretary of state, protesting against the execution of a treaty between the American and Mexican govern ments at that time pending or proposed by the Republic of Mexico. The protest made a reforms in the finances of the territory and its several coun fei 1912 zm PEL ee rendered by the governor in the organization of the — Roug sa troops which became a part of Colonel Roosevelt’s a regiment during the Spanish-American war, and the —— dorsement of his administration of New Mexican affairs by " we i of that famous regiment, many of whom the governor saw point to more or less lucrative or honorary offices within the pa of the executive. "Batoly installed in office, occupying quarters in the old Palace : oe the Governors, the executive immediately began the TO 8 MEXICAN OF NEW oe a eee a 8 La I A: FOP PEF FACTS LEADING 526 |