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Show -39- same were possible under the conditions existing between the point where the water is diverted from the river and the point where the river empties into the Gulf of California. In the case of the Rio Grande Dam & Irrigation Co., the Supreme Court of the United States, held, in substance, that the question as to whether water diverted from a navigable stream is lawfully taken depends upon whether such diversion had a tendency to impair the navigability of such stream in that portion of the same where it is navigable. It appearing that the water taken from the river by the Imperial Land Company came from a point below that portion of the Colorado which is now navigated, namely, from Yuma to The Needles, Mr. Caldwell was of the opinion that there could be little tendency in the diversion of water from the river at a point below navigation to affect that navigation. This, however, was a matter merely of common observation, as he is in no sense an expert. A request was then made of the International Water Boundary Commission of the State Department, the headquarters of which are at El Paso, Texas, that its consulting engineer, Mr. W. W. Follett, of El Paso, Texas, go to Yuma to make a brief observation, as that was all that his engagements would permit. Mr. Follett is a very able and intelligent engineer and hydrographer. He went to Yuma and spent three or four days, and arrived at substantially the same conclusion as that previously reached by Mr. Caldwell. Without desiring in the least to question the correctness of their separate conclusions, in view of the exceeding importance of the questions involved, rather than of the complaints filed in this case, and with a desire that |
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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. |