OCR Text |
Show -73- of water, is less than 50 tons, while the passenger traffic could have been handled successfully in a row boat, only employed at long intervals. It seems to me a matter of great doubt, in view of these facts, whether under such circumstances, a court could be induced to restrain this company in its operations, unless it was in the interest of some governmental navigation, which might require extraordinary means to an unusual end or unless some serious effort should be made in navigation by parties able and earnest and having real traffic to be handled. Even in those supposititious events, as no dams or other obstacles occur to prevent, the only action necessary would be to restrain the out-taking of water by this company at low stages of the flow. As to the policy of the Government in this matter, I can only suggest that it is a subject in which the Interior Department, through the Irrigation Division of the Geological Survey, is directly interested; as may be also the Navy Department in the matter of navigation, and the War Department in its supervision of bridges, canals, and other works connected with rivers and harbors, in which the government is interested. The Imperial Company has, in part, accomplished, and is expected ultimately to complete, the reclamation of several hundred thousand acres of land, as before stated. It will therefore become a question of policy with the Government whether it should strive to withhold the water altogether or acquiesce by inaction in this company's operations so long as the same are reasonable and not practically injurious to the use of the river for general purposes or inimical to Federal Control. Respectfully submitted, /s/ Marsden C. Burch |
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. |