711.12155/150: Telegram The Chargé in Mexico (Schoenfeld) to the Secretary of State MEXICO, August 13, 1925-9 a. m. 154. I personally delivered to Minister of Foreign Affairs last evening note in sense of your telegram 176 August 11, 3 p. m. He said that Mexican members International Boundary Commission had already reported recent minute regarding construction of cut-offs but that Mexican Government had been unable to approve proposal because of pendency of Chamizal negotiations involving similar questions and because of existing embarrassments in exercising Mexican sovereignty in Cordova tract which was in a situation similar to that which would prevail upon completion of proposed cut-offs. I asked the Minister to reconsider the matter with practical regard to property damage done by floods leaving theoretical questions for the future, but he seemed insistent that proposed cut-offs must await settlement of general Rio Grande problem. He promised however to take my note under earnest advisement and to reply as soon as possible. SCHOENFELD 711.12155/150: Telegram The Acting Secretary of State to the Chargé in Mexico (Schoenfeld) WASHINGTON, August 17, 1925-6 p. m. 183. Your 154, August 13, 9 a. m. In view of reported attitude of Minister of Foreign Affairs Department desires you in your discretion either to bring matter to personal attention of President or to request Foreign Minister to take such action. Emphasis should be placed upon recent losses on both sides of border due to floods and upon urgent necessity for contemplated works to prevent recurrence such damages. GREW 711.12155/156 The Chargé in Mexico (Schoenfeld) to the Secretary of State No. 983 MEXICO, August 19, 1925. 76 SIR: Confirming my telegram No. 160 of to-day's date one P. M.," in further relation to the proposal of the International Boundary Commission for the construction of certain cut-offs in the Rio Grande, TM Not printed. near El Paso, Texas, I have the honor herewith to enclose a copy with translation of a note under yesterday's date received from the Mexican Secretary of Foreign Relations in reply to my note of August 12 in the sense of your telegram No. 176 of August 11, three P. M. I have [etc.] H. F. ARTHUR SCHOENFELD [Enclosure Translation"] The Mexican Minister for Foreign Affairs (Sáenz) to the American Chargé (Schoenfeld) No. 11089 MEXICO, August 18, 1925. MR. CHARGÉ D'AFFAIRES: I have the honor to refer to the Embassy's note No. 720 of the 12th instant in which, by instruction of your Government, you were good enough to inform me that by Minute No. 61 our International Boundary Commission recommended the construction of three cut-offs in the Rio Grande near the City of El Paso, Texas, the result of which would be according to the accompanying report of the consulting engineers on the International Boundary Commission, as stated in the note, to obviate the danger of floods in that section and in another considerably below the point mentioned. The recommendations contained in Minute No. 61 were duly studied as provided by article 8 of the convention of March 1, 1889, and within one month, as stipulated in article 8, our decision in the matter was drawn up and sent to our Embassy in Washington for transmission to the Department of State. In this decision, which decision must already be known by the Department of State, according to instructions to our Ambassador in Washington, it is stated: 1. That there was authorized and approved the study of the project of defense works and rectification in the El Paso valley, in cooperation with American engineers, it being recommended at the same time that the cases of bancos in this zone of the Rio Grande should be presented to the Joint Commission before the project in question. 2. That, although it is true that the topographical work necessary to settle pending cases in the El Paso valley has already been done, this decision can not be carried out. 3. That the Mexican Government believes that consent should not be given to making any cut-off unless at the same time and before the work is carried out there be settled the question of sovereignty over the segregated territory. In the present cases this question of Sovereignty would have to be settled, a thing which the Mexican Government would not desire to do before other questions of the same character are settled which have been pending for a number of years, principally for reasons attributable to the Government of the United States. 4. That the cut-offs in question were recently proposed by the Government of the United States in a draft convention for the settlement of the Chamizal case and for the better definition of the international boundary at certain points along the Rio Grande, presented to the Government of Mexico in its note of February 19, last. This draft convention was rejected in its totality by the Mexican Government and it could therefore not now consent that a part thereof should be carried out. 5. The Government of the United States has desired to connect the cases above referred to with the pending Chamizal case and in its turn Mexico does not want to create new difficulties until that relative to the Chamizal is settled. As you will see, it was only the desire to avoid the creation of new difficulties before the settlement of pending cases and the reaching of an agreement by the two Governments in the matter which was the motive for postponing the carrying out of the recommendations of the International Boundary Commission contained in Minute No. 61, to the end that, after the question of the interpretation of the treaties which the said cases involve [apparent omission], without failing to recognize the advisability of carrying out all the proposed works. Before reaching the decision mentioned, based on the reasons set forth, the urgency which might exist in immediately undertaking the proposed cut-offs was taken into consideration, and the reports of the engineers charged with the project and of the consulting engineers of the International Boundary Commission were carefully studied, and from that point of view it was found that in the unanimous opinion of all of them the cut-offs proposed and recommended by the International Boundary Commission in Minute No. 61 are not, according to the report of the consulting engineers relative to the matter, anything more than the "first stage" in the general project, the construction of which is to be recommended in view of the fact that the modifications of relatively slight importance which they would produce in the hydraulic equilibrium of the river permit their initiation in the upper region of the valley and not in the lower as would be logically convenient; and it was found that considering the higher value of property in the neighborhood of the cities of El Paso and Juárez and in view of certain considerations of a financial character which make it possible to perform the work immediately, their construction is recommended without, however, it failing to be indispensable to continue the construction of the works in the whole valley. The foregoing views and the technical development of the project having been studied, it is easy to arrive at the conviction that, what in the opinion of the experts will settle the problen of saving the lands in the valley of El Paso from floods, will be the completion of the project in its entirety and not that of its "first stage"; that if for financial or other reasons it is not possible immediately to carry out the project in its entirety or in the form in which it would be logically convenient to do so, whereby in the opinion of the technical experts the danger would be averted, the construction of the first part proposed for the benefit of those interested in the first portion could be recommended; but if the project is studied even more in detail and attention is paid to the fact that in order to carry it out it is essential to construct levees provided with rip-raps and with structures forming the artificial channel for the maximum discharge of floods and the fact that the probable floods at this season will surely render difficult, if they do not entirely prevent, the construction of these structures, especially in the detail recommended by the consulting engineers, one will arrive at the conviction that the construction ought to be commenced after the present flood season and that, consequently, there is no reason to hasten it in disregard of considerations of real importance which would tend to postpone it. I hope that the Government of the United States of America will be good enough to appreciate the true importance and value of the reasons on which was based the decision relative to this matter and will agree to the justice which supports it. It is very satisfactory to me to renew to you the assurances of my most courteous consideration. AARÓN SÁENZ 711.12155/145: Telegram The Secretary of State to the Chargé in Mexico (Schoenfeld) WASHINGTON, October 26, 1925-3 p. m. 231. Department's 176, August 11, 3 P. M. and 183, August 17, 6 P. M. and your despatch 983, August 19, regarding flood conditions at El Paso. Officials of El Paso and Juarez are reported to be anxious that rectification of Rio Grande be commenced as soon as possible, because they fear next flood season will be even more disastrous than last one to residents on both sides of River. American Boundary Commissioner reports that general opinion prevails along border that recent flood damage exceeding half-million dollars could have been prevented if River had been straightened as proposed in Minute 61. Commissioner further states that if rectification should be undertaken, interests of respective Governments could be adequately safeguarded by adoption of every necessary precaution by International Boundary Commission. In view of importance of matter and many interests involved as indicated in data furnished you by Department on 5th instant, it is desired that you again approach the Mexican Government with a view to obtaining its approval of Minute 61, pointing out that the present would seem to be an opportune time to commence the proposed work. KELLOGG 711.12155/173 The Ambassador in Mexico (Sheffield) to the Secretary of State No. 1362 MEXICO, November 16, 1925. SIR: Referring to the Department's telegram No. 231, dated October 26, 1925, 3 P. M., directing me to again approach the Mexican Government with a view to obtaining its approval of Minute No. 61 of the International Boundary Commission United States and Mexico, regarding the proposed construction of certain cut-offs in the Rio Grande, I have the honor herewith to enclose for the Department's information, a copy with translation of a note dated November 13, from the Mexican Secretary of Foreign Relations, in reply to my note of October 27, in the sense of the Department's instruction. The Department will observe that the Mexican Government is not prepared to sanction the immediate execution of the work proposed and stands substantially upon the note of August 18, last, which was transmitted to the Department with the Embassy's despatch No. 983, of August 19, 1925. I have [etc.] JAMES R. SHEFFIELD [Enclosure-Translation 78] The Mexican Minister for Foreign Affairs (Sáenz) to the American Ambassador (Sheffield) No. 14763 MEXICO, November 13, 1925. MR. AMBASSADOR: I have the honor to reply to Your Excellency's courteous note No. 867, of October 27, last, in which, referring to the recommendations of the International Boundary Commission contained in Minute No. 61 regarding the construction of certain cut-offs in the channel of the Rio Grande, near the City of El Paso, Texas, you state that the officials on both sides desire that the proposed work be |