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Show -19- There is no doubt, therefore, that the enterprise of The California Development Company does not interfere with any navigation interests on the Colorado River today, such navigation being all above the point of diversion; but it is equally true that said Company's operations have depleted, to a certain extent, though it may be very small, the water in the River below its intake, and to such extent have rendered the River less navigable below that point; and if its present plans are consummated, and two other canals similar to the present ones, constructed and operated, the depletion of the volume of water will, of course, be much greater, and will put still greater, and possibly absolute, restrictions on the navigation of the River below the point of diversion; hence the complaint from prospective navigators of the River to the Gulf. The Mexican Ambassador at Washington says, with reference to the operations of The California Development Company (known also as the Imperial System) : "My Government holds the works in which the Imperial Canal System is engaged to be in contravention of the stipulations set forth in Article 4 of the Boundary Treaty between the two Republics concluded in the year 1855, and those on the same point of the preceding treaty signed in 1848, which remained operative under the latter Treaty." The pertinent provisions of the Treaty of 1848 (known as the Treaty of Guadalupe Hidalgo) are as follows (Article 7) : "The River Gila, and the part of the Rio Bravo del Norte lying below the Southern Boundary of New Mexico, being, agreeably to the 5th Article, divided in the midle between the two Republics, the navigation of the Gila and of the Bravo below said Bound- |
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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] : California exhibits. |