No. 852.
Mr. Bayard to Mr. Romero.

Sir: I have the honor to transmit, for your information, in connection with my note of the 3d ultimo, the inclosed copy of a letter from the governor of Texas, dated the 3d instant, covering a report by Mr. J. M. Dean, district attorney for the thirty-fourth judicial district of Texas, in regard to the complaint of the Mexican Government of the injurious effects to the inhabitants of Paso del Norte from a certain [Page 1265] sewerage drain or pipe constructed on the American side of the Rio Grande at El Paso, Texas. The conclusions of the report, after a full examination of the subject, are that it is difficult to see how the health, comfort, enjoyment or convenience can be directly or remotely affected by the drain-pipe in question.

Accept, etc.

T. F. Bayard.
[Inclosure 1.]

Mr. Ross to Mr. Bayard.

Sir: In reference to your communication of January 3, which inclosed a communication from the Mexican minister at Washington, complaining of the effect a certain sewerage drain or pipe constructed on the American side of the Rio Grande was having on the inhabitants of the Mexican side, I have the honor to state that on the 8th of January I directed the Hon. J. M. Dean, the district attorney of the thirty-fourth judicial district, to make a thorough examination of the whole matter and report thereon. This report I inclose for your consideration, and am, etc.,

S. S. Ross.
[Inclosure 2.]

Mr. Dean to Mr. Ross.

Sir: In accordance with your communication of the 8th instant I have made a thorough examination and investigation of the matters complained of in the annexed communication of Señor M. Romero directed to Hon. Thomas F. Bayard. The following I most respectfully submit as the facts in the matter:

(1)
The Rio Grande at El Paso, Texas, flows in an easterly direction.
(2)
The city of Paso del Norte, Mexico, is on the south side of said river, and El Paso, Texas, on the north side of same, nearly if not quite opposite Paso del Norte.
(3)
All the water used by the citizens of Paso del Norte and vicinity, in Mexico, for any purpose whatever, is taken from what is known as the “Acequia Madre.” Said Acequia taps the Rio Grande above or west of Paso del Norte about 1½ miles, and about the same distance west or up the river from El Paso, Texas.
(4)
The drain-pipe complained of has been constructed by the municipal authorities of El Paso, Texas, and is about 12 inches in diameter, is wholly on the north or American side of the Rio Grande, and empties into said river at a point on the same about 2½ miles east or down the river from the point where said river is tapped by the “Acequia Madre” of Paso del Norte.
(5)
Except Paso del Norte and its adjacent orchards, farms, and inhabitants, all of whom, as before stated, use water from Acequia Madre, the territory along the Rio Grande on the south side is wholly uninhabited for a distance of about 20 miles east of the point where said drain or sewer pipe empties into said river.
(6)
That said drain-pipe crosses no territory belonging to the Republic of Mexico.
(7)
The Rio Grande at the point where said drain-pipe empties into it, and for many miles east thereof, is exceedingly muddy whereby it is considered by experts to be impossible for the discharge of sewage from said pipe to injuriously affect the waters of said river for a greater distance than 2 miles.
(8)
From the nature of the river bank on the south side of the Rio Grande it would be almost an impossibility to take out a ditch or acequia to be used in Mexico any nearer the drain-pipe on the east or down the river from said pipe than 10 miles.
(9)
The waters of the Rio Grande are rarely, if ever, used unless first taken therefrom in acequias, as it is by Paso del Norte.
(10)
That all of the inhabitants who reside near the Rio Grande for a distance of 20 miles east or down the river from said drain-pipe are on the north side of said river and are inhabitants of the United States of America.

The above being the facts of the case, it is difficult to see how the health, comfort, enjoyment, or convenience of any citizen of the Republic of Mexico is to be in any way directly or remotely affected by said drain-pipe. Were the facts reversed and the drain-pipe up the river or west of the mouth of the Acequia Madre, then there might be some apparent cause for complaint.

[Page 1266]

The above conclusions of my own I find upon investigation to be also the opinions held by various prominent citizens of Paso del Norte, Mexico, and notably of ex-Governor Samaniego, of Chihuahua, now residing in Paso del Norte, Mexico.

Hoping that my investigation and report of this matter is adequate to the needs of your excellency,

I am, etc.,

J. M. Dean.