File No. 711.1216m/301.

The Acting Secretary of the Interior to the Secretary of State.

Sir: Herewith I hand you copy of a letter, dated September 8, 1911, together with enclosures, from Col. J. A. Ockerson, engineer in charge and commissioner on the part of the United States for the construction of works for the purpose of protecting lands and property in Imperial Valley, and elsewhere along the Colorado River, within the United States, against injury or destruction by reason of changes in the channels of the Colorado River, as provided for in the act of June 25, 1910 (36 Stat., 867), from which it will be seen that work is about to be resumed, but that the Inspector Oficial del Río Colorado, F. B. Puga, in letter of September 2, has advised Col. Ockerson that it is his personal opinion that the permit and privileges heretofore granted by Mexico in regard to the construction of these works have expired, and therein is indicated the course to be pursued in order to have the same renewed.

I should be pleased to have you give this matter early consideration.

Very respectfully,

Samuel Adams.
[Page 978]
[Inclosure.]

The Commissioner for the United States to the Secretary of the Interior.

Sir: I have the honor to hand you herewith copy of letter sent to Mr. Puga, commissioner from Mexico, and his reply thereto, both relating to the resumption of work on the Colorado River. In accordance with his suggestion I have taken the matter up with the representative of the Colorado River Land Company in Mexico City, through General H. G. Otis, with the request that a decision may be reached at the earliest practicable date, in order that resumption of work may not be delayed.

I did not understand that the exchange of notes between the two Governments included any limitations as to time in which the work should be completed; and if need be, I suggest that the matter be revived through the State Department.

Very respectfully,

J. A. Ockerson.
[Subinclosure 1.]

The Commissioner for the United States to the Official Inspector for Mexico.

Dear Sir: The resumption of work along the Colorado River in Baja California, which was suspended on account of floods on May 20th last, is contemplated early in October.

1.
A careful survey will be made to determine the present condition of the levee and dam. It is my intention to take this up very soon.
2.
The first construction work will be the restoration of such portions of the levee north of the Abejas River as have been damaged, and the construction of tapoons or spurs at suitable intervals along the river side thereof to prevent erosion from water flowing along the base during overflow stages of river.
3.
The raising and enlarging of the levee north of Volcano Lake to such height and section as may be necessary to insure its safety for several years.
4.
The dismantling of such railway tracks and equipment as will not be needed and laying such new railway tracks as the projected work may require.

The details of the projected work can only be determined after a careful survey of the present conditions has been made and maps and plats will then be sent to you.

In the meantime I assume the work can be carried on under the same terms as defined by your Government both as to operating under the Colorado River Land Company by me as attorney in fact, and also as to the customs rulings covering the entry of any and all things required for the proper prosecution of the work.

Your prompt consideration and favorable response to these suggestions is earnestly requested in order that there may be no delay in the inauguration of active operations as contemplated.

With highest regard [etc.]

J. A. Ockerson.
[Subinclosure 2.]

The Official Inspector for Mexico to the Commissioner for the United States.

Dear Sir: I am answering your letter of August 25, received here yesterday.

My personal opinion is that the permit and privileges granted to your company last year in regard to the construction of a levee and dam on the western bank of the Colorado River in Lower California, Mexico, has expired, since all correspondence relating to those works specially mentioned the month of May, 1911, as the latest date in which they should be finished and since they were actually completed—though badly damaged later on—within [Page 979] the designated time. In my own judgment, your company ought to apply again to our Department of Fomento for new authority and customs rulings, and please notice that I say and mean “Fomento” and not “Foreign Relations,” as the former is the only department of our Government empowered by law to grant such kind of permits and privileges. I should say you won’t meet with any particular trouble in getting what you wish if you act quickly through the company’s representative in this capital and along the general lines herein suggested.

Nevertheless, I am forwarding at once your consultation to the proper Mexican Government officials and will let you know their final answer as soon as it reaches me.

I wish to add that the outline of what you propose to do in handling the new constructive work is satisfactory to me in a technical sense, and I don’t believe any serious objection will be made to your plans, once properly legalized.

Yours very truly,

F. B. Puga.