File No. 3172/89.
Department of State,
Washington, April 25,
1908.
No. 479.]
The Department concurs in the views expressed by the Secretary of the
Interior and has designated Mr. Louis C. Hill, supervising engineer,
Department of the Interior, as the “Commissioner on the part of the
United States to study the questions in connection with the distribution
of Colorado River waters.”
You will notify the Mexican Government of Mr. Hill’s designation.
[Inclosure.]
The Secretary of the
Interior to the Secretary of
State.
Department of the Interior,
Washington, April 20,
1908.
Sir: Referring to your letters of April 10
(file 3172), April 15 (file 3172/85–86), inclosing copy of letter of
February 11, 1908, from Hon. D. E. Thompson to the Mexican minister
for foreign affairs, I note the statement with reference to the
reply of March 31 from the Mexican department of foreign
affairs.
It is there stated that the Republic of Mexico—
can not permit the occupation of national
territory unless the Government of the United States confers
equal right on the Government of this country for the
occupation of American territory.
I can see no objection to this proposition wherever like conditions
arise. If the Mexican Government has within its borders a large
population of several thousand people whose safety depends upon the
building and adequate protection of dikes on the American side of
the line, I-should think it would be perfectly proper to grant to
the Mexican Government the right to build or inspect such works as
will protect the lives and property of its citizens, if the United
States is not in a position to do so. Of course, it is evident that
there is no such analagous situation which can or will arise. In my
opinion, even if we should find such a condition, there can be no
reason for refusing a request or reciprocity of this nature.
[Page 540]
With reference to the second point, it is recognized that under the
existing contracts the California Development Co. can not transfer
its rights to any foreign Government; but there is nothing in the
contract to prevent the Mexican Government from waiving this
condition or entering into a new contract by which the rights of
American citizens may be more adequately protected.
With reference to the third point, the United States has a certain
duty in protecting the lives and property of its citizens in
Imperial Valley, California, and its request upon the Mexican
Government is simply that so far as it lies in the power of that
Government every reasonable provision be made to protect the
interests of its citizens in the United States where these are
inseparably tied up with conditions on the opposite side of the
border.
As the Mexican Government will join in sending a commission to study
the questions in connection with the distribution of Colorado River
waters and will appoint a commissioner, I recommend that, on the
part of the United States, Mr. Louis C. Hill, supervising engineer,
be designated.
Very respectfully,
