Davis and Morehead advocated the El Paso dam.
When the committee reached El Paso, August 20, 1889, Major Powell, Colonel Nettleton, Mr. Follett and I explained our plans in detail. They and the members from that district and Mr. Lanham, who was much interested in the project, all approved.
Meanwhile the Mexican Government demanded compensation from the United States for the appropriation by American citizens of the waters of the Rio Grande, to which Mexico claimed prior right. A bill was introduced in both Houses of Congress making an appropriation for the construction of the El Paso dam by the United States, provided Mexico relinquished all claims for indemnity in return for half the water to be stored.
This bill was thoroughly discussed in both Houses of Congress during the session of 1889 and 1890, and was apparently satisfactory to all parties concerned, and it was generally supposed that it would pass. On April 26, 1890, having finished the duties required of me, the War Department relieved me and I rejoined my regiment.
When it was evident the United States was committed to building a dam at El Paso and dividing the water with Mexico, Dr. Nathan Boyd, of New Mexico, obtained a charter from New Mexico to build a similar dam at Elephant Butte, one hundred and twenty-five miles above El Paso, with the apparent intention of holding up the waters of the Rio Grande and the United States Government and compelling it to supply water to Mexico through his company. (See Colonel Engledue's address to the stockholders of Boyd's company, p. 343, vol. 2, Boundary Commission Proceedings.)
The Mexican Government protested in 1896, stating that before they could accept their share of the water to be stored by the proposed international dam at El Paso, as indemnity for their loss of water taken out on the upper river, investigations should ascertain whether there would be sufficient water in the Rio Grande to supply both dams. If not, measures should be taken to restrain the projectors of the Elephant Butte dam from using waters to which Mexicans had prior right.
This protest was referred to me by the Secretary of State, who asked my opinion.
I reported that in my opinion that it would be unsafe to rely on a sufficient flow to restore to Mexico the water to which she claimed prior right unless the Elephant Butte corporation could be restrained from the use of such water. Suit was instituted by the Attorney General to enjoin the company. So began a contest which lasted for many years, going three times to the Supreme Court of the United States, before the Elephant Butte Company was permanently enjoined from constructing their dam.
These complications delayed both projects for several years. A protocol, dated May 6, 1896, between the Secretary of State, Richard Olney, and Ambassador Romero, directed F. Javier Osorno and myself, Boundary Commissioners for Mexico and the United States, to continue the investigation and report on the following matters:
First, the amount of Rio Grande water taken by the irrigation canals constructed in the United States.