No. 852.
Mr. Bayard to Mr. Romero.
Department of State,
Washington
,
February 10,
1888.
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.
[Inclosure 1.]
Mr. Ross to Mr.
Bayard.
Executive Office,
Austin
,
February 3,
1888.
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.,
[Inclosure 2.]
Mr. Dean to Mr.
Ross.
Marfa, Texas
,
January 30, 1888.
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.,
