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Show -105- International Boundary Commission. The Secretary of State replied that the United States was embarrassed by reservoir dams already being built or planned. The International Boundary Commission report, while recommending a dam at El Paso, had stated that there was not also sufficient water for a dam at Elephant Butte, New Mexico, where a private company was already planning a dam. In view of insistent Kexican protests against the proposed dam at Elephant Butte, the Secretary of State inquired in January 1897 of the Secretary of War whether the private company had fulfilled federal statutory requirements. The result of this inquiry was that in Kay 1897 the United States Government instituted legal action to restrain construction of the Elephant Butte dam. After extended litigation the United States Supreme Court in 1909 affirmed a decree permanently enjoining this dam. In the meantime in January 1901 the Mexican Ambassador again protested that Mexicans were being injured by diversions from the upper Rio Grande, and he said that he favored a treaty along the lines of a bill introduced in the Senate in March 1900 by Senator Culberson of Texas. This bill provided for the equitable distribution of Rio Grande waters between the two countries and the building of an international dam and reservoir at Fl Paso. In recommending to the Senate that the bill pass, the Committee on Foreign Relations reported that by its passage the Mexican claim for damages in excess of $35 million would be amicably adjusted and a feasible mode would be provided for regulating the use of the water so that each country and its inhabitants would receive their legal and equitable rights. However, this bill did not pass and in February 1905 Congress enacted a statute providing for a dam at Engle, New Mexico. In reply to a Kexican protest that its rights were not recognized in the 1905 statute, the Department of State referred to the Harmon opinion but asserted that the question was academic because both governments had announced their intention to deal with the question on principles of highest equity and comity. In December 1905 Secretary Root submitted a treaty draft which was acceptable to Mexico substantially as proposed and which was signed Kay 21, I906. *¦ In the Treaty of May 21, 1906, the United States agreed to deliver to Mexico in the bed of the Rio Grande 60,000 acre feet annually in accordance with an annexed schedule, this delivery to be without cost to Mexico. Each Government preserved its formal legal position in a curious manner. The Treaty recites that the delivery of water by the United States is not to be construed as recognition by the United States of any Mexican claim to such water, that the United States does not concede any legal 1. U.S. Treaty Ser. *+55, 3*+ Stat. 2953. |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |