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Show . -35- reaohed the conclusion that Mexico had no legal basis, either under the treaties or under general principles of international law, for complaint against the construction of a dam on the Rio Grande within the United States, irrespective of its effect upon the navigability of the river below the boundary line or upon the irrigation of lands in that country* Should Congress take the view opposed to the policy of preferring recla- mation to navigation and desire to leave navigation as a superior use, the purpose can be accomplished by a reservation or exception in the approving legislation under the last sentence of the paragraph quoted without affecting the balance of the compactc RELATIONS WITH THE REPUBLIC OF MEXICO, EXCLUSIVE OF NAVIGATION. Soine 200,000 acres of land in the Republic of Mexico are now irrigated by the lYaters of the Colorado River, and it is understood that there are ad- ditional lands in Mexico that might be brought under irrigation* The compact does not undertake to deal with these lands nor with any rights which may exist to the diversion of water for their benefit,, It was realized that this subject was beyond the powers of the commission as defined in the various legislative acts and the act of Congress, which authorized the apportionment of waters only among the several States interested, and that the question could be properly determined only by agreement between the United States and the Republic of Mexico, through the treaty-making agencies of the Federal Government. At the same time the commission realized that it was not beyond the bounds of possibility that, as a matter of international comity, a treaty or agreement might at some time be entered into by the two nations which would establish some valid, rights to the irrigation of these Mexican lands, with a resulting obligation upon the United States to allow some quantity of water to pass the international boundary for their use, under such terms and conditions as night be agreed to. To provide for this possible future contingency, the terms of which can not now be foreseen, the compact provides (Art. Ill, o) for the equal distribution of this burden between th© two basins in the United States. By reference to the letter of the Secretary of State, already quoted, it will be seen that he considers this provision adequate to cover the situation* THE INTEREST OF THE UNITED STATES A3 THE PROPRIETOR OF PUBLIC LAUDS AND AS THE OWNER OF IRRIGATION WORKS- - A large part of the land through which the Colorado River flows, or which is adjacent or tributary to it, is public domain of which the United States is the proprietor. In the development of these lands the Government, through the Reclamation Service, has constructed several irrigation systems in con- nection with which large quantities of water are being-taken from the river- The Salt River and the Yuma projects are exampleso Rights to the continued use and diversion of water for these projects are now vested either in the United States or in the individuals who are actually using it. In this respect the United States is in the same position |
