El Paso International Daily Times (El Paso, Tex.), Vol. Fifteenth Year, No. 196, Ed. 1 Sunday, August 18, 1895 Page: 5 of 8
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and carry it for more than 3 miles
over Texan soil to irrigate their land
and for domestic purposes. The sit-
uation is further well described in an
able report submitted in the last Con-
gress by the Hon. M. Hitt, of.the Com-
mittee on Foreign Affairs, as follows:
“It (Rio Grande) has shifted its chan-
nels so often and so far, in some cases
gradually, in others abruptly and by
cut-offs, that no man knows accurately
where the boundary is today. Some-
times the stream will suddenly cut
a new channel, abandoning the old
ones altogether and in a single day, by
a cut-off, a tract or “banco” of a hun-
dred acres will be found to be on the
other side of the river. These causes
have produced uncertainty as to the
boundary, and this encourages smug-
gling, which is always carried on more
or less on the border. When a man
smuggles from a “banco” it is almost
impossible to catch and convict him.
No surveys are made nor official re-
cords kept of the time and place of
cut-off changes, and no one can tell
with accuracy the extent of a cut-off.
The bed of the old channel is the
boundary, though it may be long since
dry. There are sometimes two or three
old beds, and it is hard to tell where is
the middle of the old bed contemplated
by the treaty.
“At the last term of the United States
district court at Brownsville, the most
noted case of smuggling was lost by
the Government for want of that accu-
rate knowledge that would satisfy the
court. * * * These bancos with
their uncertain boundaries afforded re-
treats for smugglers, thieves, kidnap-
ers, murderers and every class of crim-
inals, as well as bases of supplies from
which to carry on their operations,
free from interference by either Gov-
ernment.”
He concludes his report with a rec-
ommendation from the committee in
favor of the creation of a boundary
commission, “in view of the protection
of the revenue, the prevem’on of
crime, the maintenance of good order
and the preservation of international
harmony.”
"Article 5 of the convention of 1884
between the two countries provides
that rights of property in resect of
lands which may have become, sopa-
tated through the creation of new
channels, shall not be affected there-
by, but such lands shall continue to
be under the jurisdiction of the coun-
try to which they previously be-
longed.”
It Is easy to be perceived how se-
rious are the difficulties to both coun-
tries, in the .adjustment of titles to
land, the prevention of smuggling and
the arrest and punishment of all kinds
of criminals on account of the con-
fusion of boundary and doubtful ju-
risdiction, which arise from the facts
stated.
But a further complication has
arisen in recent years, growing out of
the fact that in Colorado and New
Mexico a great number of irrigating
ditches and canals have been taken
from the upper Rio Grande and its tri-
butaries, resulting to a great degree
in the absorption of the water before
it reaches the point of international
boundary. By reference to the fourth
biennial report (pages 287 to 325)
of the State engineer of Col-
orado for 1887-'88 it will be
seen that more tjian three hun-
dred ditches have been taken out in
that State alone, while vast quantities
of water have been and are being
similarly appropriated in New Mexico.
The result has been a great depletion
of the flow of the river in the driest
part of the year, July and August,
when It is most needed. This has
been so great for the last three years
in the above Indicated middle third
of the river’s course, as to almost en-
tirely destroy the growing annuals,
the younger vines and fruit trees, and
unless corrected in some way, will
finally eventuate in the total destruc-
tion of he agricultural interests of this
entire section. m
In 188S the river was absolutely
dry for over sixty days about August
and September, and in 1889 it had no
flow whatever from the 5th of August
to the 20th of December, a period of
137 days. While this dearth of water
may not be wholly imputed to the ir-
rigating agencies and consumption of
water by the people of Colorado and
New Mexico—for it must be admitted
that these seasons were dry, with lit-
tle snow in the mountains—still there
can be no doubt that they have ma-
terially contributed to that end, and
will continue to do so in the future
in an increasing ratio as the number
of ditches multiply. It is stated by
Major Powell, director of the geolo-
gical survey, as a reasonable prob-
ability, that within a comparatively
short period, with the growing de-
velopment of agricultural interests in
and the Republic of Mexico, and that
as such It is entitled to receive the
care and attention of the respective
Federal Governments.
The El Paso Valley extends from
the pass at El Paso ninety miles be-
low, and is from four to ten miles
wide. It contains about 200.000 acres
of magnificent lands, situated about
equally on the Mexican and Texan
side of the river, that under proper
and possible conditions could be re-
duced to. a fine state of cultivation.
There are now in this valley
about 50.000 people, nearly equal-
ly divided between the two
countries. They at present cul-
tivate about 50,000 acres of land,
which in fertility is not surpassed oo
the continent. Here are grown fruits
and vegetables of the rarest quality,
with cereals of nearly every kind. Per-
haps the best grapes in the world are
produced here, and this vineyard-
dotted valley, under proper auspices,
ulated, their homes abandoned, and
tbejr possessions useless unless some
relief can be afforded and some rem-
edy applied. Severe as these sacrifices
may be, it is to be seriously appre-
hended that they will not peaceable be
made.
If these be the facts, and such con-
ditions as above described exist, Is
not the subject one that should chal-
lenge the thoughtful inquiry of Con-
gress, and is it not worth the while
and within the proper functions Of
! our Government to take a step in time
for promoting some authoritative in-
vestigation of the matter through the
medium of international negotiation,
looking to an ultimate application of
any proper correctives? And is it not
obvious that the sooner this Is done
the better it will be for the interests
of both Governments?
Confronted as they were with'these
conditions, it was quite natural that
both Americans and Mexicans in the
ural adaptation at this ]>oint for such
a purpose, both in the basin and rim
for a lake of such dimensions, and
the advantages afforded for the con-
struction of a dam, one end of which
to rest on the mountain wall on the
Mexican side, and the other on the
American side. The project was sub-
mitted by Major Mills to the Secretary
of State in December, 1SS8. By tbe
approval of the Secretary of War he
was detailed to make observations and
to act under the instructions and di-
rections of the Director of the Geo-
logical Survey at this point. Jle has
made full and exhaustive examination
and submitted an elaborate report in
the premises. He was assisted in the
work by Senor Ygnacio Garflas, an ac-
complished and distinguished Mexican
engineer, who was detailed by tiis gov-
ernment for that purpose, and whose
judgment fully approves the plan. The
Senate Committee on Irrigation, ap-
pointed at the last Congress, aecom-
ty for personal observation of the con-
ditions which there obtained. Believ-
ing that anything stria on the subject
by so eminent a man p tbe ex-Speak-
er (Hon. J. G. Carlisle) an not fail to
be of interest, a portion of his letter Is
here copied:
“I had an opportunity last summer,
while on a visit to Mexico, to inves-
tigate this matter to some extent, and
became satisfied that the situation on
that part of the river to which your
bill relates was such as to demand
the immediate and careful attention of
both countries. The diversion of the
water of the river in New Mexico and
Colorado for irrigation purposes has
practically destroyed, during a large
part of the year, a very considerable
section of it flowing between the two
countries, and thus deprived the peo-
ple on both banks of the use of the
stream for any purpose whatever. Be-
sides this the numerous changes that
occur in the channel render it diiTi-
negotiatlons upon the subject and
leave final action to be taken hereaf-
ter when the results of tne conference
have been communicated, I think it
ought to pass.”
The preliminary investigation here-
tofore made by Major Mills and Mr.
Garflas, representing both countries,
leads to the conclusion and lias dem-
onstrated, so far as their concurrent
judgment Is concerned, that it is possi-
ble, by the construction of the dam
before described, to solve both the wa-
ter and boundary problem. Tbe pro-
posed dam, it is affirmed, can be built
upon solid bed-rock abutting on tbe
solid rock walls on the bluffs of the
Pass, with a length of about 450 feet
It cau be constructed upon tlie ap-
proved principles of modern masonry
dams. Tbe plan used in the prelimi-
nary survey was from the profile rec-
ommended by Mr. Alphonse Fteley for
adoption In the building of the great
Quaker Bridge Dam in the Croton
Vjf
Pop SITE
son - ■ -*•>
PROPOSED-RESERVOIR
VALLEY - \
Rio Grande Del Norte
ABOVE ~'yr
El Paso Texas
the region of the Upper Rio Grande,
the impounding, distribution and util-
ization of the waters of that river and
its tributaries after the manner al-
ready begun, there will be a wholly
inadequate, if not utter absence of
supply of water in the stream below.
Such continued and serious dearth
of water in the river has never been
known before by those inhabitants of
the valley who are and have been for
many years best acquainted with its
history and characteristics, and both
Americans and Mexicans claim that
the deprivation of their accustomed
water Is attributable to the ac-
tion of the people of the United States
in the localities mentioned. They
further insist that the Rio Grande
is an international stream, belonging
not to Chihuahua or other Mexican
States or to Texas and its people, but
that an equal undivided one-half in-
terest in it, with all its privileges, be-
longs to the United States of America
can nowhere be equaled. Of many
products tbe climate and soil afford
more than one crop per year; there
are numerous valuable farms and gar-
dens, ami the people have been here-
tofore prosperous. There are towns
on either side of the river some of
which are centuries old. It would not
be extravagant to say that this valley
and these people represent values ag-
gregating $25,000,000.
These people claim vested rights iu
water of the llio Graude antedating
eveu the written history of the conn
try, of which they insist they are be-
ing unjustly deprived by those seek-
ing to form new communities above
them. They look with dismay on the
manifest and “consequent ruin,” de-
selbed by General Stanley, which in-
evitably awaits them if not already
upon them, unless some solution of the
water question can be found and the
“water famine” averted. Their values
will be dissipated, their valley dopop-
E1 Paso Valley should take a lively
interest iu the discussion and discov-
ery of some feasible and practicable
remedy for and solution of their trou-
bles. Much was thought, Raid, and
written about it. Finally, Major An-
son Mills, of the Tenth Cavalry, U.
S. Army, who had lived along the Rio
Grande before and since the war, and
was familiar with the people and his-
tory of that part of the country, as
well as the characteristics of the river,
conceived the idea of impounding the
torrential flow of the river in the Pass
just above El Paso, where the chan-
nel is narrow and passes between the
mountain walls on either side, and
over a solid rock bottom, by means
of tlie construction of a dam about <10
feet high. Iu this way it is maintain-
ed that a vast lake or reservoir, 15
miles long by 7 miles wide, with Im-
mense storage capacity, cau be cre-
ated.
There is certainly a wonderful nat-
panied by Major Powell, of the Geo-
logical Survey, visited the locality last
September, aud also made considera-
ble examination concerning the mat-
ter.' Major Powell pronounces tlie plan
feasible, and stated before your com-
mittee that the only remedy to be
found was in such a storage of the
water, expresing at the same time
the apprehensions before mentioned
with reference to the possible future
consumption of tlie water near the
sources of the river. The Select Com-
mittee on Irrigation and Reclamation
of Arid Lands in the Senate have at
this session considered and favorably
reported a measure substantially the
same as that here presented.
The following extract from a recent
letter addressed to the writer of this
report by tbe Hon. John G. Carlisle,
contains an admirable statement of
the situation. He was at El Paso
during the long period of drouth men-
tioned, and was afforded an opportunl-
cult. if not impossible, to determine
precisely where the boundary line be-
tween the two countries is located.
This is a source of constaut irrita-
tion, and unless some remedy can be
devised may ultimately produce se-
rious disagreement between the two
governments.
“The subject is an international one
in both its aspects. Whether the peo-
ple of Mexico can be lawfully deprived
of the waters of the Rio Graude as
they would, if uot diverted, naturally
, flow from that part of the stream
within tlie United States, may be a
disputed question; but there certainly
is a moral obligation upon our pnrt
to co-operate with the government of
that country in such measures as may
be necessary to prevent injury in the
future. Of course the question of
boundary is one which equally con-
cerns both governments and must l>e
settled, if at all, by their Joint action.
“As your bill proposes only to open
River, Nov York, designed to be 270
feet high *«d 1.350 feet long, and is
“Practical Profile No. 2” < f “Weg-
man’s Design Construction of Mason-
ry Dams,” which is understood to be
the best and latest authority on that
subject. ,-j >
It gives a historical description of
some forty of the principal dams con-
structed throughout the world lu the
last three hundred years. It describes
tlie “Almanza Dam” in the Province
of Albaeete, Spain, which has success-
fully impounded water for ttiree cen-
turies. This is 07 feet high and 292
feet long. Another is the * Alicante
Dam,” also In Spain, which Is 134 feet
high and 190 feet long, which has had
a safe and suceesfnl existence for
about the same length of time. Most
of the other dams described in this
work are on a grander scale, but of
more recent construction. The opin-
ion seems to be sustained that mason-
ry dams, if properly constructed, can
be rendered absolutely sale aud per-
manent.
The proposed reservoir or lake, it Is
maintained, can be supplied with a
“By-Wash” or “Waste-Weir,” 200 feet
wide by 5 feet deep -rllht is, with
its crest 5 feet bekm* the crest of
the dam—and through aud over one of
the solid-rock walls or banks of the
river, having an easy outward slope
for the pasage of the waste waters
in their descent to the channel of the
river below, avoiding the shock or
tremor of a perpendicular fall, inju-
rious to masonry work. It is esti-
mated that such a sized weir will pass
ail the waters in excess of the storage
capacity between its crest and that
of the dam proper, possible to come
from any extended flood in the river.
To maintain a constaut and uniform
channel of the river below, when the
surface of the lake may be below the
crest of the By-Wash, it is stated that
six 48-inch cast-iron pipes may be
placed through the masonry of the
darn near its base, three on eaeh side
of the river, and that each of these
pipes can be provided with valve gates,
so arranged that one person cau easilv
adjust one or all of them, to permit
just the desired amount of water to
pass through them from the lake. By
this means it Is claimed that there can
be maintained a small stream of clear
water, unburdened by silt, equal to the
mean annual flow constantly eaeh day
in the year—the bed and channel of
which could be permanently directed
aud controlled in such a manner as to
fix and determine a boundary line of a
living and permanent stream between
the two countries, for two hundred
miles below El Paso to the point where
a sufficient water supply is afforded
by confluents of the Rio Grande.
It is not intended in this report to
discuss the scientific details of the
proposition, but simply to submit a
general and substantial statement It
may be said, however, that no essen-
tial feature of the project was over-
looked or left unconsidered by tbe
parties who made the preliminary in-
vestigation. Tbe amount of silt* and
its effects on the reservoir, the lia-
bility to evaporation, the exeut of
percolation, the structural security of
the dam, and all cognate questions
were made subjects of cartful aud in-
telligent inquiry. Connected necessa-
rily with the measure for ibe rectifica-
tion and establishment of the boun-
dary line, is the benefit to be afforded
to our own and the Mexican people
iu the use of the waters to be stored
for tbe purpose of Irrigation, and the
restoration, as far as the same could
be accomplished, of those ancient and
valuable rights of which they are be-
ing deprived by reason of the facts
mentioned.
It is believed, from statements made
by prominent Mexican citizens and
the profound interest known to oe
felt and taken by them In this matter,
that such a movement as is here pro-
posed on our part will not only re-
oeive their grateful acknowledgment
and cordial approval, but that it will
lie earnestly Indorsed by the author-
ities of their government, and that
they will readily be disposed to par-
ticipate in the expense involved,
should the negotiations contemplated
result in auy practical execution.
Whatever project may be firaliy con-
sidered the proper one for the set-
tlement of the troubles deserllK.nl.
whether the place suggested shall ulti-
mately be adopted, the bill reported
will open lae way for a thorough
international conference and compre-
hensive consultation conceding tlie
whole matter, the results of which
cau not be in any sense injurious, but
on the contrary give promise of some
satisfactory adjustment of uiffleult'es
and complications manifestly serious
and worthy of earnest consideration.
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El Paso International Daily Times (El Paso, Tex.), Vol. Fifteenth Year, No. 196, Ed. 1 Sunday, August 18, 1895, newspaper, August 18, 1895; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth540308/m1/5/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.