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Show 446 INTERNATIONAL TREATIES legislation destroy the right of the United States, as the owner of lands bordering on a stream, to the continued flow of its waters; so far at least as may be necessary for the beneficial, uses of the govern- ment property. Second, that it is limited by the superior power of the General Government to secure the uninterrupted navigability of all navigable streams within the limits of the United States" (p. 703). For later phases of the same case, see 184 U.S. 416 (1902), 215 U.S. 266 (1909). See also State of New Mexico v. Backer, 199 Fed. (2) 426 (C.A. 10th, 1952) in which, speaking of Elephant Butte dam, the court said: "The dam and reservoir is an integral part of the reclamation project known as the Rio Grande project which was undertaken and constructed by the United States under the provisions of the reclama- tion laws * * *. The purpose of the project, which could be accom- plished only by the storage of water of the Rio Grande River, was to supply water to fulfill the obligations of a treaty entered into with the Republic of Mexico, Convention of May 21, 1906, 34 Stat. 2953, and to irrigate approximately 200,000 acres of arid land in New Mexico and Texas. The treaty with Mexico requires the United States to deliver to Mexico at a designated point 60,000 acre feet of water annually. The treaty also provides that if continued drouth caused a reduction in the use of water in the United States, the delivery requirements of the treaty would be reduced in the same proportion. * * * Part of his [defendant's] duties was the release of water from the reservoir * * * to meet the treaty obligations of the United States with the Republic of Mexico. We have no doubt but that the enjoining of government officials in this case interferes with the man- agement and control of property of the United States and raises ques- tions of law and fact upon which the United States would have to be heard." See also Hudspeth County Conservation <& Reclamation District No. 1 v. Bobbins, 213 Fed. (2d) 425, 429 (C.A. 5th, 1954), cert. den. 348 U.S. 833 (1954). |