File No. 711.1216M/134.

The Secretary of State to the American Ambassador.

No. 127.]

Sir: The Department incloses herewith copies of two letters from the Department of the Interior, dated October 17, with inclosures consisting of copies of correspondence between that department and Mr. J. A. Ockerson, consulting engineer, and the report of Mr. Ockerson on the protection of lands and property in Imperial Valley, Cal., and elsewhere along the Colorado River, pursuant to joint resolution of Congress of June 25, 1910. A careful perusal of the inclosures to this dispatch will inform you fully as to the matter.

You will present this matter to the Mexican Government, and furnish it with a copy of the report of Mr. Ockerson, beginning at page 26 thereof in order to eliminate from the negotiations with Mexico any matter relating to the right to the waters of the Colorado River, since any discussion involving an agreement with regard to these waters would be likely to prolong the negotiations. You will request the consent of the Mexican Government to the erection of the desired levee on Mexican territory and express the desire of this Government [Page 543] that the matter may be given urgency, since it is essential to the accomplishment of the purpose contemplated by the joint resolution of Congress that the work be proceeded with in all dispatch in order that the flood season of May and June, 1911, may be anticipated and avoided.

For your information a blue print of map showing the country in the proposed works and to be protected thereby is also inclosed.

I am, etc.,

(For
Mr. Knox
.)
Alvey A. Adee.
[Inclosure 1.]

The Secretary of the Interior to the Secretary of State.

Sir: There is inclosed herewith copy of report of J. A. Ockerson,1 consulting engineer, appointed by the President to examine the physical conditions and make recommendation as to the best method of accomplishing results indicated by the joint resolution of Congress of June 25, 1910, by which $1,000,000, or so much thereof as may be necessary, was appropriated to be expended by the President for the purpose of protecting the lands and property in the Imperial Valley (California) and elsewhere along the Colorado River within the limits of the United States, the President by such joint resolution being authorized to expend such portion of such money as he might deem proper within the limits of the Republic of Mexico, “in accordance with such agreements for the purpose as he may make with the Republic of Mexico.”

The difficulty which was responsible for the congressional action referred to arose out of the break of the Colorado River from its accustomed channel to a point a few miles below the intersection of the south boundary line of Arizona with said river, and proceeding through a new channel, called the Rio Abejas, to and through Volcano Lake, from which latter the water naturally flows northward through the Imperial Valley to the Salton Sink and southward through the Hardy (Colorado) to the Gulf of California. Owing to the grade of the new channel being in excess of that of the old channel, and to the fact that the slope northward from Volcano Lake to the Salton Sink is vastly in excess of the slope southward from Volcano Lake to the Gulf of California, there are serious apprehensions as to the effect of permitting the river to follow this new channel; and the engineer, in his report, recommends as a protective measure the building of a levee some 25 miles long extending along the west bank and approximately parallel to the course of the river from a point about 6 miles south of the south line of the State of California, crossing and damming the Rio Abejas, diverting the water at present following the latter back to the original course of the river. The land upon which this structure is proposed to be constructed is entirely in the Republic of Mexico, and is owned by the Colorado River Land & Water Co., of which corporation Gen. Harrison Gray Otis and his son-in-law, Harry Chandler, of Los Angeles, are directors. The gentlemen just named have evinced a desire to facilitate in every way the works required. It is necessary that the consent of the Republic of Mexico be secured to the construction of a levee in the manner proposed by Engineer Ockerson, and preliminarily to the presentation of such request to said Republic negotiations were had with the corporation named by Mr. Ockerson, the result of which is set forth in letter of September 28 from the latter to Assistant Secretary Frank Pierce,1 copy of which is herewith inclosed, and has been supplemented by telegram from Gen. Otis and Mr. Chandler,1 the original of which is also herewith inclosed.

It is essential to the accomplishment of the purpose contemplated by said joint resolution that the work be proceeded with with all dispatch in order that the flood season of May and June, 1911, may. be anticipated and avoided, and [Page 544] it is respectfully urged that appropriate steps be taken to accomplish the consent referred to.

This department is recently in receipt of telegraphic advice from Engineer Ockerson that map showing in detail the proposed work is on its way, which as soon as received will be transmitted for your information and use in any negotiations had pursuant hereto.

R. A. Ballinger.

[Inclosure 2.]

Sir: Supplementing communication of even date with reference to the proposed measures for protecting property in the Imperial Valley, California, and elsewhere along the Colorado River pursuant to joint resolution of Congress of June 25, 1910, appropriating $1,000,000 to be used by the President for that purpose, I inclose herewith copy of communication just received from Engineer Ockerson of October 10, 1910,1 together with copy of telegram of the same date,1 the former covering the matter of the consent of the Colorado River Land & Irrigation Co. to the utilization of such of its lands as may be necessary for the construction of levees proposed by Engineer Ockerson, and the latter suggesting that, if possible, there be eliminated from the negotiations with the Republic of Mexico any matter of the right to the waters of the Colorado River.

It is because of this latter suggestion that there has been delay in transmitting the papers to you as agreed with Solicitor Hoyt on the occasion of his recent conference with myself and the Assistant Attorney General for this department concerning the matter. It is understood from Mr. Ockerson that any discussion involving an agreement between the two Governments as to the division of the waters in the Colorado River for the purpose of irrigation would be likely to prolong negotiations to a degree which would injure the effectiveness of the proposed protective measures, hence the suggestion that all of his report preceding page 26 (relating, as it does, to the water flowage and kindred matters) be not submitted to the Mexican authorities. For your convenience two copies of Mr. Ockerson’s report1. are submitted, one bound and the other unbound. There is also inclosed blue print of map1 showing the country involved in the proposed works and to be protected thereby.

R. A. Ballinger.
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