OCR Text |
Show governments in reference to the Rio Colorado so far and for such distance as the middle of that river is made their common boundary line by the First Article of this Treaty. (Italics are mine.) The substituted provisions, last above quoted, adopt, as to the Colorado River where it forms a boundary line, the same provisions, stipulations and restrictions as formerly applied to the river Gila and the Rio Bravo del Norte under Article VII of the treaty of Guadaloupe Hidalgo. It is apparent from these treaty stipulations that we may not, without the consent of Mexico, take any action on the Colorado River, where it forms a boundary line between the United States and Mexico, which would impede or interrupt navigation, in whole or in part, and this would necessarily be the ultimate effect of subjecting the river absolutely to the purposes of irrigation where it forms such boundary line. Assuming an amendment to the bill limiting its scope to that portion of the river lying entirely within the territory of the United States, there logically arises the question as to whether such action would technically violate these treaty stipulations. It is true that such stipulations were made entirely with respect to that portion of the river where it forms a boundary line, and a strict construction of the treaty would necessarily hold that the inhibition "and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right (navigation not even for the purpose of favoring new methods of navigation," applies only to the construction of any such work on said boundary line. But I refrain from expressing any opinion on this point because the practical effect of irrigation works generally along the Colorado river, such as this bill invites, |
Source |
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] : California exhibits. |