GIFT OF ..THE.. NEW RIVER BASIN AND LOWER CALIFORNIA IRRIGATION ENTERPRISE OF THE CALIFORNIA DEVELOPMENT Co c,* ...CONTENTS... Description of the Enterprise, ..... Report of C. R. Rockwood, Engineer, Report of Land Expert, Wm. Sutherland, . Statements of Justin S. Moore and Wm. Denton, Legal Opinion of Judge Sepulveda on titles and privileges under the Mexican law, ..... Gift Page 1 1 21 2 5 27 THE NEW RIVER BASIN AND LOWER CALIFORNIA IRRIGATION ENTERPRISE. In any irrigation enterprise the principal points for the investor to examine are : THE LAND, AS TO ITS LOCATION, CHARACTER, CLIMATE, AND STATUS OF OWNERSHIP. THE WATER SUPPLY, ITS QUANTITY AND QUALITY. PRODUCTS, AND MARKETS. TRANSPORTATION FACILITIES, EXISTING AND PROSPECTIVE. ENGINEERING FEATURES, OR THE PHYSICAL CONDITIONS THAT CON- TROL THE DEVELOPMENT OF THE ENTERPRISE. WORK ACCOMPLISHED. VALUE OF LAND WITH WATER. POSSIBILITIES OF SETTLEMENT, AND POPULATION. CONTINGENT FACTORS THAT WILL ADD TO THE SUCCESS OF THE ENTERPRISE. In the following synopsis of the New River Basin and Lower California enterprise, we propose to treat as briefly as possible each of the points named. / LANDS TO BE RECLAIMED. Location. The lands to be reclaimed are situated in San Diego and Riverside Counties, California, U. S. A., and in the north-eastern corner of Lower California, Mexico. The center of the tract is about 100 miles east from the city of San Diego. The location is more definitely shown on the annexed map. How formed. This region was at one time included in the Gulf of California ; but the erosions of the Colorado River have, in past i 5077;")? ages/ fflCe& wtf;B* ( sed*iJrten{ h& upper portion of the Gulf, and reclaimed from the Sea the tract that we now propose to irrigate. Acreage. The acreage of first-class lands reclaimable by the proposed system of canals, is approximately, 1,600,000 900,000 being in the United States. Topography. The entire tract is wonderfully smooth. It contains no rolling lands. Elevations in Lower California. The Lower California tract slopes gradually from an elevation of 120 feet above sea level, at the canal heading, down to sea level at the Gulf, and also to sea level near where the New River crosses the International Line. (See map.) In California. The Colorado River formed a clear cut channel through the Lower California Delta, before that arm of the Gulf which extended north-west to Indio, was entirely filled with sediment. In consequence thereof, the major portion of the tract lying in the United States is in a Basin, the lowest portion of which, called the Salton Sink, is 280 feet below the level of the sea. Character of Soil. With the exception of 30,000 acres of Mesa lands under the East branch survey, the entire body of irrigable lands between the Salton Sink, and the River, is an alluvium, formed by the Colorado River. This area embraces no tracts of sand, it is very fertile, and remarkably even in its structure. The soil contains from 10 to 20 per cent, of clay ; hence is strong and retentive of moisture. Some patches of salt lands exist in Lower California ; but these are excluded from our estimate of good land, notwithstanding the fact that local experience has demonstrated that these salt lands are rendered clean and productive by the application of wa'er. The sedimentary deposit is from 20 to 200 feet in depth. Vegetation. A large part of the Lower California tract is covered with a dense vegetation. Groves of cottonwood, mesquite and willow alternate with areas covered with native grasses, arrow weed, greasewood and wild hemp. In the United States timber is found along the Salton and New Rivers. After heavy rains the country is covered with a heavy growth of pepper grass, which makes excellent forage for cattle. Water. In Lower California several lakes exist. Several running streams are fed either directly from the Colorado, or by percolation from that stream. Well water can be obtained at depths of from 5 to 20 feet. In the United States well water can usually be found at depths "of from 20 to 80 feet. 2 CLIMATE. The climate in the summer months is hot and might be called tropical, except that we of the temperate zone are accustomed to asso- ciate with tropical heat something humid, enervating and oppressive, while here the air is absolutely pure and dry. In this district during the months of June, July, August and Sep- tember, the actual temperature in the shade often reaches 105 degrees to 120 degrees, but the sensible temperature is from 30 to 40 degrees less. "The sensible temperature is that indicated by a wet-bulb thermometer, and is found by covering the bulb of an ordinary ther- mometer with muslin, from which a piece of cotton wicking leads into a cup of water and so keeps the muslin constantly moist ; this corre- sponds closely with the condition of the human body, as the skin is perpetually secreting moisture, which is evaporated by the intense heat, and the skin surface is thus cooled down to a point considerably below the temperature of the blood." The U. S. Weather Bureau is now publishing the records of the Wet-Bulb Thermometer to show the comparative sensible temperature at its various stations. In New York, Philadelphia and elsewhere throughout the East, we read of numerous deaths from sunstroke when the thermometer reaches between 90 and 100 degrees, and sometimes when it is below 90 degrees. We state it as a fact, demonstrated year after year, that in the Colorado Desert in California, U. S. A., and in Lower California men and animals work day after day in the open fields while the thermometer registers from 105 to 120 degrees in the shade, and yet a case of sunstroke has never been known. The same thing obtains in other hot and dry interior valleys of California, where the thermometer for long periods stands daily at over 100 degrees. In the Colorado Desert the degrees of temperature mentioned are not often experienced outside of the months of June, July, August and September, and during those months for the greater part of nearly every day the heat is modified by a pleasant and cooling breeze from the Gulf of California. During the remaining eight months of the year the climate of this entire region is a benediction, and might be termed as " ideal" for the laborer, the pleasure seeker and the invalid. In the following table, furnished us by Mr. A. Ashenberger, Observer of the U. S. Weather Bureau, we show the mean maximum and mean minimum temperatures through a period of years for both Yuma and Phoenix, Arizona, and a comparison between the readings of the Wet-Bulb and Dry-Bulb Thermometers at Yuma. We use this data since Yuma is the nearest point to our lands at which accurate meteorological observations have been made ; but it is stated by all who know its climatic conditions, that our country is cooler in summer than Yuma and warmer in winter, the reason being that it receives more 3 direct benefit from the Gulf breezes. Phoenix is to-day the most progressive point on the Pacific Coast. Its percentage of increase in wealth and population is only rivaled by Los Angeles. Its growth is due almost entirely to the development of its agricultural interests, dependent entirely upon irrigation, and yet it is hotter in summer than Yuma and colder in winter, while its lands and water supply are far inferior to those of our enterprise. From the Yuma Weather Bureau reports the average annual rainfall is 3 inches. The average number of clear days in the year is 277, and in a period of 17 years there has been but 40 nights in which the thermometer has registered below 32 degrees, hence even frost is of rare occurrence. [COPY.] U. S. DEPARTMENT OF AGRICULTURE. WEATHER BUREAU. OFFICE OF THE OBSERVER, (Station) YUMA, ARIZONA. MEAN MAXIMUM AND MEAN MINIMUM TEMPERATURES. Jan. Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. Nov. Dec. VIIMA 64 ' 7 7as; 77 ' 8 85 ' 3 93-5 101.2 106.3 104-7 99-2 86.3 73.9 68.0 42.0 43.8 50.3 55.2 61.6 68 7 77.4 77 8 70.3 58.5 48.6 46.0 PHOENIX 65 ' 7 7I 7 8l ' 6 86 ' 8 94 ' 6 IO4 ' 6 IO7 ' 3 IO4 ' 99 ' 2 9 * 78 ' 7 73 ' 4 32.2 35.8 41.0 46.3 53.1 59.5 71.6 71.0 60.6 50.2 42.4 36.6 The above means are from records extending, at Yuma, from January, 1880, to June, 1890; at Phoenix, from January, 1882, to February, 1890. MEAN WET THERMOMETER. (YUMA.) YEAR J une ' J 111 ^' August, 5 p. M. 5 P. M. 5 P. M. 1889 66 74 76 1890 63 73 73 1891 58 72 74 1892 66 70 73 1893 68 75 76 1894 66 74 73 1895 66 71 73 SPECIAL READINGS SHOWING THE COMPARISON BETWEEN THE WET AND DRY BULB THERMOMETER ON VERY HOT DAYS. (Yuma,} YKAR - Thermometer. Thermometer. Difference. DATE. 1895 109 69 40 July i6th. 1894 in 70 41 July 25th. 1893 107 66 41 June 2nd. 1892 114 69 43 June 2Oth. 1891 112 69 43 June 2gth. 1890 112 71 41 July 22nd. 1889 116 70 46 July 3rd. 1888 113 71 42 July 22nd. (Signed) A. ASHENBERGER, Observer, Weather Bureau. OWNERSHIP OF LANDS. California. The titles to the good lands in the California tract are approximately as below : The Southern Pacific R. R. owns 200,000 acres. " " " claims additional - - 208,000 " California State lands, - 58,000 " United States Government lands, - 434,000 " The United States lands will be taken up by settlers under the Homestead and Desert Land Acts. The lands without water are valueless. Under the Desert Act the settler must first obtain a contract for water before he can get title to the land, hence the Company that furnishes the water controls all development as it would if it held title to the land ; while to obtain title now would necessitate the expenditure of a large sum, and would increase our interest account and taxes. Company's Lands in the United States. The only lands in California that the Company has deemed it wise to acquire at present, is a tract of 318 acres extending up the Colorado River, from the International Line a distance of two miles. On this tract our Canal Heading is located. It is the lowest point on the River from which it is feasible to irrigate the lands below, and the topographical features of the country immediately below this Heading are such that it would be impossible for a competitive canal from above to parallel us ; hence the possession of this tract controls all development, and prevents any possibility of competition. The Lower California lands belonged to General G. Andrade, a citizen of Mexico. We have arranged with General Andrade for the transfer of title to 200,000 acres to our Company, and hold an option on 150,000 acres additional. We believe that these lands, for a stock range, are worth more than the purchase price. The possession of this tract, together with the Hanlon Heading, controls the development of the entire 1,600,000 acres. PRODUCTS. The climate and soil will admit of the production, in great abundance and perfection, of all the plants of the temperate and semi- tropic zones, except those requiring a moist climate or cold winters. Citrus and deciduous fruits mature from two to six weeks ahead of any other part of California, assuring high prices to the producer. As the subject of products is one of great importance and detail, we refer to the report of Mr. Sutherland. (Appendix.) 5 MARKETS, The markets are the same as for the remainder of California. The region is so large that it will eventually command its own markets. It is two hundred miles nearer the East than Los Angeles. The con- struction of the Nicaragua Canal will allow all water shipments to the East and Europe. The ruling prices of farm products in the large cities of Mexico being higher than in the United States, Mexico will furnish the best market for Lower California. The markets for forage plants will be at home. Following the custom now prevailing in Western America, range cattle will be driven to the Alfalfa fields and there fattened for market. TRANSPORTATION. The existing means of transportation are via the Southern Pacific Railroad and the Colorado River. The Colorado is navigable for 300 miles above our headgates, and will give direct connection with the Santa Fe Railroad and the Pacific Ocean. When built, the Nicaragua Canal will furnish an all water route for shipments to the East and Europe. The projected road from Salt Lake and the coal fields of Utah to San Diego will, when built, pass through our country. The projected San Diego and Phoenix Railroad will give us another outlet and direct rail connection with the Santa Fe system. While these roads are only on paper, it must not be forgotten that the development of this enter- prise will hasten their construction, since statistics will show that we are conservative in our estimate in stating that these lands will pay to the transportation companies a gross revenue of $5.00 for every acre under cultivation, or when the country is entirely developed, not less than $8,000,000 per year. The first 20 miles of the canal can be used for transportation of freight. Below this point the fall is so great that numerous locks would be required, and we doubt the economy of attempting to use it for transportation. Branch roads connecting with the Southern Pacific R. R. can be built at the minimum expense. VALUE OF LAND AND WATER. The value of the land, based upon its productiveness, will be greater than that of the best farming lands in the coast region of Southern California, which sell for from $100.00 to $200.00 per acre, carrying a contract to pay an annual rental of from $2.50 to $12.50 per acre for the use of water. Such prices will not admit of general farming, and only people of wealth can invest in such lands. We desire to induce rapid settlement. To do this we must offer a proposition that will attract people of small 6 means, and that will admit of the production of the cereals and forage plants at a profit on the original investment. To sell 10,000 acres at $50 per acre, or 50,000 acres at $10 will produce the same amount, and will return to the Company its original investment ; but it is easier to place 50,000 at $10 than 10,000 at $50 and the annual rentals for water from the 50,000 will be five times as great as from the 10,000 acres. We believe the best policy is that which will in the quickest time possible return to the Company its original investment, and make the annual revenue from water rentals equal the cost of operation. To gain this end, the loss of what may be considered the legitimate profit on the first 100,000 acres sold, is not a matter for consideration, since it is not probable that the re- maining 1,500,000 acres will be fully developed during the next fifteen to twenty years. The prices of land and water will be fixed of course by the Board of Directors, and the present management can only recommend that at first the price be fixed at $10 per acre. It can be easily demonstrated that this would be practically afford- ing the settler an opportunity to secure a home here on better terms and under more favorable conditions than one could do in Iowa, Nebraska and Kansas when the lands belonged to the Government. Such a proposition will not admit of competition, since it is im- possible to duplicate it in the West to-day. We can afford, however, to offer it and by this means will avoid a prolific cause of failures in irrigation enterprises, viz : lack of settlers. SOME CONTINGENT INTERESTS. The irrigation of this tract will cause the development of many contingent interests that will add greatly to the prosperity of the country, and to the revenues of the Company. Without going into detail we mention a few of these outside factors. Fisheries. The fish at the head of the Gulf are remarkable for their variety and quantity, and the development of this industry will prove of great value. Lumber. Large bodies of pine grow on the San Jacinto moun- tains. The summit of this range is at an elevation of from 6,000 to 9,000 feet above sea level, and is about fifty miles from the centre of our country. Mining. Both the San Jacinto and San Bernardino ranges abound in gold and silver. Valuable quarries of building stone and slate are found in the San Jacintos. Large bodies of iron have been discovered in the San Bernardinos. 7 The sulphur deposits in the Cocopah Mountains are noted for their extent and purity. The Salton Sink can supply the world with salt. The Gold Rock mine is twelve miles from our canal heading. Its pumping plant is located on our land. It is now working 140 stamps and producing $140,000 per month, and the owners have refused an offer of $2,000,000 for the property. Volcanoes. On the shore of Volcano Lake in Lower California, there is a wonderful group of active volcanic cones, mud geysers and mineral springs. Sanitarium. The surrounding country is one of great beauty and interest, and we predict that the time will come when one of the greatest health resorts in the world will be located on this spot. POSSIBLE POPULATION. The tendency upon all irrigated lands in warm climates is toward small farms and intensive cultivation. Assuming the average farm to be 20 acres and the average family to number five, would give a rural population of 400,000 ; but with good transportation facilities, cheap power and plenty of raw material, we think it safe to assume that the urban population will increase the total to 600,000 people that will some day be dependent upon this system of canals for their support. This is an average of 240 to the square mile ; this may seem too high an estimate, but the lands under cultivation in the Riverside Colony, Cal., support a population of 500 to the square mile. Massachusetts has 270, with but 35 per cent, of its lands under cultivation ; Rhode Island has 276 ; England 500 ; Belgium 535 ; Saxony 605 ; while the valley of the Nile, which forms a closer comparison to this region than any other inhabited section of the world, supports a population of 1227 per square mile for the lands actually under cultivation. A few of the especial points of advantage are here referred to : Our lands are in Southern California and Lower California. The magnitude of the proposition and the small cost per acre of first development, allows us to place these lands on the market at a satisfactory margin of profit and yet charge less than 10 per cent, of present California prices. Water rentals in California vary between $2.50 and $12.50 per acre per annum, while we will charge not to exceed $2.50. According to the U. S. census reports of 1890, the average cost per acre of putting California lands in condition to receive the water, (i. e. clearing and smoothing the surface) is $15.00. We will contract to put 800,000 acres of these lands in such condition for $2.00 per acre. The cost of keeping up the producing power of California fruit lands is about $7.50 per acre per annum. The value of the fertilizers carried in the Colorado River water exceeds this, and our lands will never require artificial fertilization. From the census reports of 1890, the average value of irrigated farms in California was $150 per acre. In Southern California the value was about $250 per acre. Assuming that the values in our country will ultimately equal the average for the State, would give $240,000,000 as the total valuation of farm property. The valuation of town and commercial property should equal at least one half that of the rural, and it is probable that the property values that will be created by this system of canals will eventually reach a total of $360,000,000. COLONIZATION. In the development of an irrigation enterprise it is very unusual to provide for the settlement of the lands until the canals have been constructed. But last spring we deemed it wise to commence the preliminary work of colonization. We had two objects in view, first, to give confidence to capital by showing that the enterprise was at- tractive to farmers, and second, to insure our cost of maintenance and more rapid development by securing in advance of construction a large number of colonists who would become immediate users of our water. With this end in view we arranged last May for a committee of three members of the " Mennonite Society " to visit our lands. The result of this trip was entirely satisfactory to the committee and to ourselves, as evidenced by the fact that these people became investors in our securities and appointed one of their number, the Rev. David Goerz, of Newton, Kansas, to act as our General Colonization Agent among the Mennonites, and so far the result is to assure us that about 100 families are already waiting for the opportunity to make new homes with us. It is unnecessary to give the history of this religious sect, as anyone desiring such information can obtain it from the Encyclopedias, but it is of value to know that they are probably the most active colonizers in the world and that in their history extending back 300 years they have never made a failure. A more temperate, frugal and industrious class of farmers it would be impossible to obtain. There are about 300,000 of them now in the United States, and in securing, as we have, their active co-operation, we know that we have done that thing which will make our enterprise a success from the start. Other colonies of industrious farmers have been organized in Kansas and Nebraska, and from the work already accomplished in Kansas, it is evident that we will secure from that State alone at least 500 families during the ensuing year. 9 For data regarding the water supply, adaptability of the soil for irrigation, and the various engineering questions involved, we refer to the annexed report of C. R. Rockwood. To THE CALIFORNIA DEVELOPMENT COMPANY, A. H. HEBER, PRESIDENT. SIR : In the following report upon the New River Basin and Lower California Irrigation project, I shall limit myself to the engineering questions involved in its development, which may be briefly stated under the following headings : Area susceptible of irrigation. Adaptability of the lands for irrigation. Water supply. Quantity and quality. Physical features controlling the distribution of water. Canal construction character of and cost. Special features of value and danger. Before commencing the discussion of these questions, I desire to say that I projected the first surveys to determine the feasibility of this project in the winter of 1892-93 ; but the securing of the Lower Cali- fornia lands belonging to General Andrade, has admitted of and necessitated very material changes in the plans of development for- merly thought advisable, which changes greatly lessen the ccst of construction. The final surveys which have determined our plans of operation were completed in December, 1895. As an assurance of the completeness of my investigations, and the reliability of my deductions, I will state that the work has necessitated the examination of over 2,000 square miles of territory. I have pro- jected over 300 miles of accurate surveys, which have been mapped and profiled. I have given three years of study to the proposition, and have expended nearly $40,000 upon this end of the work. It may seem that this expenditure is large as compared with my estimates of the amount required in the construction fund ; but it must be remem- bered that the small first cost required to place the enterprise on a self- supporting basis does not lessen the magnitude of final development, and a survey of the entire field was necessary before final plans could be determined upon. That the final plans will allow the expenditure of a much smaller sum than was at first thought possible, is the direct result of a comparatively large expenditure in preliminary investigations. AREA SUSCEPTIBLE OF IRRIGATION. Total. The total area that may be brought under this system of canals in Lower California, Republic of Mexico, and in California, U. S. A., is approximately 2,050,000 acres, situated 800,000 acres in Lower California, and 1,250,000 acres in California. ii Waste. With the exception of 190,000 acres located in the Salton Sink, California, there are no large bodies of waste lands. In fact, the percentage of bad lands is very much less than in any tract that I have ever examined ; but inasmuch, as the exact grading of lands is a work of great detail and expense, I have thought it advisable to estimate as a working basis that the acreage of good agricultural lands in Lower California is 700,000, and in the United States 900,000, a total of 1,600,000. This is a safe assumption. ADAPTABILITY OF THE LANDS FOR IRRIGATION. With the exception of about 30,000 acres of sandy mesa under the east branch survey, and the lands lying between the Salton Sink and Indio, there is but little change in the character of the soil. From the Sink, east to the Colorado, the entire tract has been formed by the deposit of river silt. This deposit is not of local origin, but has been brought down in past ages by the Colorado, from its sources in the mountains of Colorado, Utah, Wyoming, New Mexico, and Arizona, and through its water passage of thousands of miles has been worked into an homogeneous mass, hence there can be but little change in its character. Within this body there is neither sand, gravel, nor rock. It can be described as a finely pulverized river silt, containing from 10 to 20 per cent, of clay, and in the percentage of clay is the only change in its structure. It is sufficiently porous to admit of easy irrigation and cultivation, and yet contains sufficient clay to make it very retentive of moisture, and these are the two structural necessities required to make irrigation a success. It is impossible to state the depth of the sedimentary formation, as it extends to what formerly was the bottom of the Gulf ; but from my observations the depth of soil to the clay sub-soil varies between 20 and 250 feet. WATER SUPPLY. With the exception of the Columbia, the Colorado River is the only stream in arid America that is capable of supplying with water all of the lands that are subject to irrigation from it. According to the United States geological survey, it drains an area of 242,000 square miles. Two-thirds of this area is at an elevation of over 5,000 feet, where the precipitation is heavy and in the form of snow, which melts during the spring and summer months, giving the greatest amount of water during the irrigation season. The river begins to rise in March, reaches the high water stage in June, and falls gradually until October. The flow varies between about 9,000 cubic feet per second at extreme low water, and 300,000 cubic feet in extreme 12 flood. The mean flow for the irrigation season will approximate 40,000 cubic feet, a sufficient amount for the irrigation of 8,000,000 acres. As near as I am able to determine, the area susceptible of irrigation from the Colorado, is about 3,000,000 acres, located as below : Under our proposed system, - - 1,500,000 In Arizona, and Sonora Mexico, below Yuma, - 250,000 Between Yuma and the Grand Canon, - 250,000 Above the Grand Canon in Colorado, Utah & Wyoming, 1,000,000 3,000,000 It is possible that the acreage above the Grand Canon may exceed this estimate, if so, it will tend to our advantage, for the reason that the irrigation season in those high altitudes being- from May until September, lands so situated can only use water during the high water season. These lands will then act as storage reservoirs, and will drain slowly back into the river, and very materially increase the low water supply. Our gain by this would be due, not to a need of an increased supply, but to the fact that if the river falls too low the expense of diverting the water will be increased. Quality. In appendix (b) I show the analysis of the river water made by the University of Arizona. This analysis (table i,) was made from samples of water taken every day from the river for a period of seven months ; table 2, from samples taken daily for a period of seventeen months. It proves conclusively that the water carries no appreciable quantity of salines injurious to vegetable growth, but does carry large quantities of valuable fertilizers. Assuming that we will use a depth of 36 inches on the land during the season, the commercial value of the fertilizers carried in that amount of water will exceed $10.25 P er acre P er annum. This is an assurance that these lands will never require the expen- diture of a dollar to enrich the soil. The cost for fertilizers in the Southern California fruit orchards is about $7.50 per acre per annum. PHYSICAL FEATURES THAT CONTROL THE DISTRIBUTION OF WATER. Topography. As would be presumed, the sedimentary formation is exceedingly smooth, except where the surface has been disturbed by the action of water or wind. It contains no rolling land. The Lower California tract falls to the south at the rate of approx- imately i $ feet per mile. As in all alluvial valleys, the highest lands are near the river. The fall from the river to the west varies between one and four feet per mile, which is sufficient for successful irrigation. California. The California tract presents a peculiar feature. It forms a. basin, the bottom of which is the Salton Sink, 280 feet below 13 the level of the sea. The slopes of the country are from the sea level line toward the Sink as a centre. The fall varies between eight and forty feet per mile. These slopes will admit of rapid delivery of water, and an easy drainage. The basin formation will allow the planning of a distributary and drainage system that will be one, and can be constructed at the minimum expense. Had man constructed this por- tion of the country with the view of projecting therein a perfect system of irrigation, he could have improved but little upon the work of nature. Sand Hills. It might be desirable to keep the main canal entirely within the United States, this is, however, impossible, as the sand hills shown on map extend from California south into Lower California, and are impassible. Diversion of Water. But two feasible points of diversion exist on the right bank of the river. One at Hanlon's, situated in San Diego County, one and a half miles above the international line. The other at the Pot Holes, fifteen miles above Hanlon's. The diversion of the water at either of these points is entirely feasible. Either heading will eventually require the construction of river training works to prevent the formation of sand-bars before the canal gates. At both points, however, the main channel has hugged the California shore for the past forty years, which is as far back as I am able to obtain authentic data ; hence it is not probable that these training works will be necessary until the amount of water used for irrigation begins to lower materially the low water level of the river ; although to increase our factor of safety, I would advise the construc- tion of protective works as soon as the returns from the enterprise will warrant the expenditure. To construct the canal from the Pot Holes will cost approximately $250,000 more than from Hanlon's ; but it will cover 18,000 acres in the Yuma Indian reservation, and approximately 30,000 acres in Lower California that cannot be reached from the Hanlon canal. It would, in addition, allow the construction of a water power near Hanlon's, at which we could ultimately develop 15,000 H. P. Contracts could be placed immediately for the use of 1,000 H. P., 750 H. P. at the Gold Rock mine, and 250 at Yuma. These contracts would more than insure the interest on the additional cost of construction, and were the proposition financed for the larger undertaking, I would advise con- structing from the Pot Holes. Under the circumstances, however, the better business proposition seems to be to build from Hanlon's at present ; but to obtain possession of the Pot Holes and hold it in reserve, and when the returns warrant, build the necessary extension connecting with the Lower California canal at Hanlon's. This will give us two headings on the river, which in itself will be an item of great value ; but the power proposition will be a greater, since the probabilities are, that we would find a ready and sure market for the power as rapidly as developed. It is not feasible to divert the water at any point between Hanlon's and the Gulf, as no solid material exists on the western bank of the river. The alluvial deposit is of unknown depth, and the expense of putting in safe diversion works is prohibitory. Salton River. In February, 1891, the Colorado reached a point 5^2 feet higher than any past known flood. It, in consequence, over- flowed a large portion of the Algodones ranch, and rising to the level of the higher ridge near the west line of the Algodones, cut through the ridge and sent a large volume of water into the ancient and ill- defined overflow channel of the Salton. As a result, this channel was cleared out, widened and deepened. The channel now varies in width from 75 to 400 feet, and from the west line of the Algodones to the Mesquite Lake in San Diego County has a depth of from 10 to 14 feet below the general surface. I find it entirely feasible to utilize this channel as our Main Trunk Canal for a distance of about 50 miles. With but little work in improving its regimen it will carry sufficient water for the irrigation of at least 600,000 acres. To utilize it, it will be necessary to throw weirs across at points where we desire to take out branches, as its water level will be below the surface. The existence of this channel controls the question of canal location for the present, and will for many years to come, since it will save us a year's time in construction and over $500,000 in actual expense. New River. The New River on the west of the valley presents similar features. The Volcano Lake (see map) is on the summit of the water shed between the Gulf and the Salton Sink. It is filled by the Padrones and Las Avagas Rivers, branches of the Colorado. Its natural outlet is through the Hardy River ; but when in flood it reaches a certain elevation a portion of its waters pass to the north through the New River. This channel will be eventually utilized in our proposed system. Both streams can be controlled safely at but little expense. Overflow. Naturally the question will arise, is their danger from the overflow of the Colorado ? To this I can answer positively, no, not to any of the lands in California, nor to those lying north of the Padrones River and west of the Algodones ranch in Lower California ; for this reason, even if the river rose 7 feet higher than the great flood of '91, it could not flood the high lands that extend parallel with the Padrones on the north. In 1891, the water was about 12 inches deep on the west line of the Algodones where it broke through the high lands. Our main canal will follow this line of the Algodones and run out eventually on the high lands north of the Padrones. The canal banks will be built 5 feet above the flood line, hence it will be impossible for the overflow to reach north or west of the canal. The canal banks are in no danger from the overflow since the canal will be located several miles from the river. The land between is covered with dense vegeta- tion that will prevent the creation of destructive currents, and where the possibility of currents exist protection works will be constructed. CANAL CONSTRUCTION. Main Canal. To utilize the Salton River it will be necessary to connect it with our point of diversion at Hanlon's. This involves the construction of 11% miles of main canal. The depth of excavation for the first 8 miles varies between 7 and 24 feet. Beyond the 8th mile we can handle the depth of excavation as we see fit ; but shall cut about 6 feet, as we will require that amount of material to construct our levees. The material to be moved is entirely alluvium, except that at the base of the hill on which our diversion works will be placed we shall encounter a cement formation. The bottom of the canal will be nine feet below the extreme low water mark, and can carry eleven feet depth of water throughout the ordinary irrigation season. The most economical method of moving the dirt will be by dredgers, and while I would recommend the construction of as small a canal as possible at first, the minimum width is limited by the possibilities of mechanical construction. As planned, the canal will have a bottom width of 20 feet, side slopes of one to one, a grade of 8^ inches per mile, and with 10 feet depth of water will carry 750 cubic feet per second, a sufficient amount for the irrigation of 150,000 acres. This can be enlarged from time to time by dredgers without interfering with the operation of the canal. Settling Basin. The large amount of sediment carried by the Colorado and the impossibility of flushing the canal will make neces- sary the construction of a settling basin immediately below the head- gates. This basin will be merely an enlargement of the canal, and will be 350 feet in length by 100 wide. Its bottom will be 10 feet below the bottom of the canal. The heavier sands will be dropped in this basin and pumped back into the river by an hydraulic dredge. The clay and lighter silt that passes through will be 'carried by the greater velocity of the canal water on to the lands. Headgates. I would prefer to build the diversion structure of masonry ; but from an economical point of view, think it advisable to build of wood for the present, and replace by more permanent materials when the canal requires enlargement. The wooden structure will be 16 equally as safe as masonry for a period of 10 years, and can be built for $10,000 while masonry would cost twice that amount. Other Structures. I would advise that all structures, bridges, drops, regulating weirs and gates be constructed of wood, and all estimates have been based on this material Distributary System. While the distributary system of canals will be, on account of the smoothness of the surface and unusual topography, cheap in construction and simple in operation, yet the great magnitude of the proposition will render necessary the projection of a detailed and accurate contour map of the entire territory before I can plan a system that will be the most economical in construction and operation. This is not necessary at first ; but the work should be projected as soon as our finances will admit. From my study of this country and experience elsewhere, I think it quite safe to assume that an average cost of $1.00 per acre will construct the distributary system. In order to place the enterprise on a self-supporting basis, it will be necessary to build the main canal a distance of n^ miles. To carry branch No. i (see map) a distance of 7 miles along the Padrones Ridge, and to construct 20 miles of smaller laterals into the country north of branch No. i. These will furnish water to about 30,000 acres. The estimated cost of the amount required in the construction fund to accomplish this is : Earthwork, 1,004,230 cubic yds. at 5 cents, - - $50,212 Add for contingencies, 50 per cent., - 25,106 Diversion works and other structures, - - $21,000 Excavating machinery, - 22,250 Offices, telephone line and clearing, 10,250 53,500 Add for contingencies, 15 per cent., - 8,125 Engineering, superintendence, and surveys, - - 13,157 $150,000 The price per yard may seem small but it must be remembered the material will be mostly moved by machinery, and worse material is frequently moved these days at a cost of 3^ cents per yard. I have not considered it necessary in this estimate to provide for the distribution of water to any of the lands in California, for the reason that it will be unnecessary to construct any portion of that dis- tributary system until contracts for water are placed on some portion of the desert lands, and with the assurance that the main canal will be completed at some definite time we can exact a sufficient cash payment on these water contracts to pay for the distributary system, i. e., we will raise money for this portion of the work by sale of water instead of by subscription from outside capital. WATER POWER. The principal power station would be, as stated, at Hanlon's ; but the slopes in the New River basin are greater than we can give the canals, hence it will be necessary to let the water down by vertical falls. These falls will be numerous, and where they exist small power stations can be created at but little expense. Below the Mesquite Lake, the channel of the Salton River is from 20 to 50 feet in depth. In the New River, the same. Both offer opportunities for the creation of valuable power plants. SALTON SINK. While apparently waste salt lands, the tract known as the Salton Sink will play an important part in the proposed system, as it will become the drainage basin to catch all of the surplus waters of the entire district. In conclusion, I desire to say that no engineering obstacles con- front the construction of this proposed system, while the more than sufficient water supply, the great area of land and the peculiarity of its topography should make both its construction and operation cheaper on an acreage basis than any existing system in the world. Respectfully submitted, C. R. ROCKWOOD. u J3 M ^ '' ^< . C O CO ^}-CO M O M Jj5 S M o ffi O DC U OO M ... O S 8 > M M ^5 jj c W) & ON O ^ N '5> *-^ ^ 1 * w PH "t ^ s s If B Tj- M OO OO M MD S | N O 35 H tO^O ^O M M IO . ! a ^ pLj *- Oj M HH ^ c''c'? > 2 M ~ :g it h l2 1 ~! z" < 1 CO ... 000 I Do u o. V 1-' > C PER CENT. PHOSPHOR. ACID. ro HH . .-* yj ^ J_ tJ PH ^ H 52 8 u u Q to^O 00 ro O "^h to to ro N to ^O o 8 ||I jji IO M 0* M - N 5| . -C'O MOO % 5 j p- rri > S H S ^ ^ ^ "32 m ig ^ w _ H Z DQ "r* S ^ ^ < ^ H -sji O to too CO O , ? a sgc ^ -g- ^ s y M COOO O ONOO iv? W w * '" W S E- H ^5 J^! I? ^T *7 M . t^ fa co 5 .Q b P 2 2 O rO M N C) p r; o CO X - $ * 69. =1-H *s ttt^- m .s g^ 8 is Tjroo to to to O \O ON CO to ON fO s llll 'o W 3 2 1* 011 5 o ~ 09 0* 4 w'e - o I t-, flU g ^,M HI H J."H 3 oo Ss ^ o >. ^ :lf 1 c aJ 2 t^ 2 fa ^ ~^ >sli' I C JO 'S g u 13 c' M * fa s '0 J ~ 1 ^ (jq ^ OJO fa ^ "- 1 Is : ^^ 1 PM at .2 1 ~ fa h-c J O frt o ^ o c-S Q C\J QJ -5 ^ ^* U3 . ^ C 3 xS S! G c H03l4i2 1 en 3 t-, ^H TO O PQ U Weight and Fertilizing Value of Colorado Silt in Total Residue Tons. Value of Fertilizing Material. 5,000,000 gallons (average of 7 months) 30 acre inches " " 74.0 12 1 43.66 7 2i? * * o / * J For the irrigation of an acre we expect to use 36 acre inches. $0.252 x 3 6 = $9-7 APPENDIX (b) TABLE 2. {From University of Arizona?) BULLETIN No. n. Colorado River W^ater. The experiment station has taken samples of water daily, from the Colorado River at Yuma, for a period of 17 months, commencing in August, 1891, which have been analyzed separately to learn what is carried on the land with the water. The following table gives the result of the analysis, and the fertilizing value of the water : AVERAGE OF DAILY ANALYSIS OF COLORADO RIVER WATER, FOR SEVENTEEN MONTHS. Total residue, suspended and soluble matter in 100,000 parts, 278 parts. Residue, soluble after evaporation, - 29 " Lime, mostly carbonate, in one acre foot of water, 540 pounds. Nitrogen, - - 6.3 " Phosphoric acid, i3- 8 " Potash, soluble in cold water, - 10.2 Potash, insoluble in cold water, 48.0 " Estimating these materials at the prices for which they sell in com- mercial fertilizers in the eastern states : 6.3 pounds nitrogen at 14 cents, $0.882 13.8 " phosphoric acid at 7 cents, - - 0.966 10.2 " potash soluble in cold water at 6 cents, 0.6122 48 u potash insoluble in cold water (estimated) at 2 cents, - - 0.96 Fertilizing value of one acre foot of water, $3-4 2 Note. Three acre feet will be used in these lands. 20 APPENDIX A. We quote the following extracts from the report of Mr. William Sutherland, a Scotch land expert and botanist who made a thorough examination of the Andrade lands in 1894. SOIL. "THE SOIL ITS CHARACTER AND VARIATIONS. The soil of the valley lands of the whole territory varies but little in its composition and texture. It cannot be otherwise than practically uniform in these respects when its origin is borne in mind. It owes its qualities not to any of the geological formations of surrounding regions but to the various formations through which the Colorado flows. The area which the river drains is estimated to be 242,065 square miles, and the varied materials, organic and inorganic, which it collects in its long course are worked up into a perfectly homogeneous mass before they are deposited on the Delta in the form of silt." ' ' The soil is sedimentary of great depth everywhere, of greater depth than is needed for the purposes of husbandry. Wells 20 feet deep, which in the course of my inspection of the land I met with, had not touched the bed of impervious clay on which the soil is said to rest. It may be described as brownish grey or light brown sandy loam, very permeable to water and air, yet retentive of the former to such a degree at all depths from a few inches below the surface that ample moisture to sustain all the deep rooting vegetation was found in all the lower lying ground at the time of our inspection. This is a very important fact viewed in connection with economy in irrigation practice." THE CLIMATE. "I can only, of course, speak of my own experience of the climatic conditions prevailing in March. They were perfect. Every succeeding day was like the one preceding it. The days were invariably warm, bright and sunny, the nights cool and refreshing. We found no inconvenience, nor any ill result from sleeping in the open air at night, when camping by the river. Dew fell in moderate quantity. We felt it on our blankets in the morning ; but no one suffered any ill effects from it. The heat of the day was tempered by cooling breezes from several quarters, but chiefly from the direction of the Gulf." "Judging by the erect, unbiased growth of the cotton-wood and willow trees and of the mesquites, I should conclude there were no violent storms of wind at any season of the year, and that winds do not long prevail from any quarter. There were no storms in March, one of the stormiest months in the year in the northern hemisphere." "CROPS FOR THE COUNTRY. This is a very large subject, so much so that I can only deal with it here in a slight and suggestive way. All the cereals, fruits, vegetables and all plants of economic value grown in the temperate parts of the earth may be grown successfully in the soil and in the climate. Many also of the fruits of sub-tropical countries may also, I believe, be introduced with success. It may be convenient to you if I name such subjects as occur to me along with such remarks on each as appear to me to be useful and suggestive." FIELD CROPS. " WHEAT. The State of Sonora is already famous for producing the finest wheat in Mexico. (Sonora adjoins the land under consideration on the East.)" " RICE. The fertility of the soil and the abundant supply of water are two of the essential conditions to the success of this crop which are assured in the Delta. The climate is at least equal to that of the State of Carolina, which along with Bengal shares the credit of producing the finest rice of commerce. The variety grown in Carolina, 21 f being- larger and better tasted than that of Bengal and of Egypt, would probably be the best to introduce." "MAIZE OR INDIAN CORN. Of this I should expect a very fine sample and an abundant yield." " SORGHUM. This cereal in all its varieties, and there are several, is sure to do splendidly. The grain is valuable feeding for horses and mules, and its straw a superior fodder valued by stockmen and dairymen." " BARLEY should do well on the higher and drier lands." "ALFALFA. Of this valuable hay or fodder crop, at least eight cuttings a year may be relied upon from such rich land in such a climate, and with such an abundant supply of water. Here at Ledesma, Mexico, at 7,000 feet above sea level, we get that number of cuttings every year, and our water supply is wholly obtained from the storage of the short rainy season and is not abundant." "SUGAR CANE. This should become a leading field crop, and sugar manu- facture a thriving industry." "SUGAR BEET. This also will succeed." "CHILI, PF.PPER, OR PIMIENTO. Perhaps no crop grown in Mexico, coffee alone excepted, gives a larger profit than the fruit of this humble plant. It varies somewhat in price from year to year, but averages from $200. to $250. per acre. It is a troublesome crop in the early stages of development, requiring to be reared in seed beds and transplanted, but these figures represent the net profits." "TOBACCO. No doubt excellent tobacco may be grown." " TOMATO. This will thrive to perfection, would probably become perennial and bear from the same plant every year successively; but the best fruit is always obtained from plants raised from seed every year." " MELONS. The musk and the water varieties and every other edible species of Cucubitaceoe will be at home in the conditions in the Delta." "All the vegetables both rarely and commonly used in the U. S. A. and Europe may be produced in the highest perfection. More attention has been given to the perfecting of vegetables by careful selection of superior types for seed bearing in Britain, especially in Scotland, in the case of such kinds as can be ripened there, than in any other country. The consequence is that British varieties of the most common vegetables are superior to anything of the same kind in the States ; while Mexico is perhaps in everything of that kind more backward than any other country having such a fine climate." " Were British varieties of peas, onions, cauliflower, Brussles sprouts, cabbages, etc., etc., introduced to the Delta they would not only do well as market crops, but the saving of seeds would be a profitable industry to those who understand the work." "Kindred to this would also be the growing of popular flowers for seed saving, which in a climate so suitable as that of the Delta would prove a lucrative business." " FRUITS. In these a wide field of profitable industry would be opened up in the reclaiming of the Delta. No other region in temperate America can surpass it in its fitness for growing the finest quality of the fruits of temperate climates. I doubt if any other part equals it in the uniform richness of its soil and the inexhaustible supply of its fertilizing water. I believe also that it will prove earlier in lipening its fruits than the best parts of California, and this is a very important advantage in the reckoning of profits, early produce always fetching the highest prices." "The orange, the lemon, the lime, and all other of the citrus tribe will succeed well. The conditions are especially favorable for these. The soil, rich, deep and continually supplied with moisture from below, and the command of ample supplies of water for irrigation, along with the abundant sunlight and heat, are precisely what the citrus tribe delights in." 23 " GRAPE VINES. Splendid grapes for table may be grown on the higher levels, or indeed anywhere except in the lower lands near the river which will always be more or less affected with excess of moisture for this fruit percolating from the river. I cannot hold out prospects of superior wine-producing grapes being grown except on the more gravelly soil near the Mesa, or on parts of the Mesa itself, even where the soil is good, that is, where the gravel is mixed with loam or clay. In such parts if they can be conveniently irrigated the best grapes for wine making may be grown, but not on the rich deep bottom lands. The produce of these should be unsurpassable for table and for raisins, sultanas and currants. The dry climate, powerful sun and absence from dust-laden winds are exceptionally favorable conditions for the perfect drying of these fruits, the demand for which is ever on the increase." 11 THE FIG. This may be grown in any part of these lands to perfection and the produce may be shipped fresh or dried successfully." "THE PRUNE. The several kinds of prunes and all other plums will succeed admirably, and the climate will render the drying process easy." "THE PEACH. Nectarine, apricot and pear will all be at home, and the finest quality of each may be regarded as being assured." "THE CHERRY, particularly the Morello varieties, for the manufacture of cherry brandy and for bottling will prove profitable." "THE APPLE will doubtless grow and fruit abundantly, but I fear the fruit will be deficient in the crispness and flavor of first rate quality. It will, however, be large and handsome and of good color." " THE POMEGRANATE. Almond, walnut and other nuts are sure to do well." "THE OLIVE. This should prove a very profitable product alike on account of the fruit fresh and preserved and for the manufacture of the oil." " THE DATE should do well : it requires no process of cultivation, may be planted as an ornamental or shade tree, and in any part of these lands will look after itself, requiring no irrigation after the first year." " THE GUAVA is chiefly valuable for the jelly of that name, and for which there is a growing demand in the American markets. I should expect it to do fully as well in the Colorado Delta as in Southern California, where it succeeds admirably." "THE CHERIMOYER, a Peruvian fruit, succeeds here at our great elevation above the sea, and should do better in the Delta. After the Mangosteen of the Moluccas and Java, this is regarded as the most delicious fruit known. Planted against walls and trained to them, it would certainly ripen its luscious fruit, and would sell at a premium in the eastern cities of the States." "STRAWBERRIES. By a judicious selection of early and late fruiting kinds, and by making plantations at different periods of the year, these may be had in per- fection from January to December." "FIBRE AND TEXTILE PLANTS. If further experience justifies all that has been said of the ' wild hemp,' it should be capable of being developed into a lucrative industry and prove a profitable product of the soil, as its cultivation will be the simplest imaginable. !> "COTTON may be expected to do well." "RAMIE (Bohmeria nivea), the plant of the fibre of which the famous 'grass cloth' of the Chinese is made, may be grown successfully in the Delta, and probably will yield three cuttings of its stems a year." "NEW ZEALAND FLAX (Phormium tenax), the fibre of which is considered second to no other fibre known in respect of toughness, may be grown along the banks of the river, and in wet soil anywhere." " SIDA. Several species of this genus of plants yield valuable fibre. The fibre of S. tilioefolia is preferred by the Chinese to hemp ; they cultivate it and can produce it 24 at less than one-fifth the price of hemp of the best quality. I am not aware of any popular name for this plant, nor the commercial name of the fibre." "CANAIGRE. This is a tannin producing plant which is attracting much atten- tion in the Southern and Western States of the Union at the present time. The plant is a dock or docken (rwnex hymeno-sepahis). It is a native of the Delta, especially around the neighborhood of the volcanoes, where it seems to be well suited in moist places near the little river there. It is said to have a preference for alkaline land with plenty of moisture in it. It is from the roots the tannin is extracted, and it is said to have great value over most other tannins for tanning fine leather. But I suspect there is much yet to learn concerning the relative value of the product of this and other tannin producing plants. Should it, however, turn out to be of value, the fact that it is indigenous will be an advantage." WM. SUTHERLAND, May 2nd, 1894. As further evidence of the character of the soil and climate we quote the following from Justin S. Moore of the California Academy of Science, and William Denton, a well known civil engineer. This is the testimony of these gentlemen as given before the U. S. Senate Irrigation Commission in 1890. Mr. Moore says : " The soil is of rich alluvium, annually enriched by a deposit from the river, and a still greater deposit of carbonaceous matter from the decay of the rank vegetation. In no portion of North America have I seen a soil that will at all compare with this in fertility. It closely resembles, however, the soil of the Delta of the Nile. No one who lides through the rank growth of Sesbania, Philiberta and Tessaria can deny the evidence of his senses, that in this tract is to be found as rich soil as the earth affords, capable of supporting as dense a population as any region on the globe. I have, therefore, no hesitation in saying that any and all semi-tropical plants may there be grown to the greatest advantage and with the certainty of a large yield. Of the climate, I can only say that it resembles that of the countries of the Old World lying on the same isogeothermal line. While it is much warmer than the climate of the coast region, it is yet far more pleasant than that about Fort Yuma. This is no doubt due to the fact that a constant current of air is passing from the Gulf of California to the Basin of the Colorado Desert ; this current is more or less laden with moisture, and so comes as a refreshing breeze. It seems to me, in view of all these circumstances, that no fairer land, no richer soil, or better climate can be afforded on this continent." William Denton reports : " The central portion of the Basin is formed by alluvial and marine deposits from the Colorado River and the Gulf of California, composed of decomposed vegetable matter, lime and phosphorous, a great deal of it sufficiently rich to export as a fertilizer. It is an erroneous idea to suppose that the Basin is a deposit of alkalies, when in the Basin proper there is hardly any of that commodity. In regard to irrigating this basin, I would suggest the plan of dealing directly with the Colorado River at a commanding point sufficient to water a vast territory without the further aid of machinery or reservoirs, as far as Colorado water is concerned. A greater portion of the Colorado Desert north of the boundary line between the United States and Mexico is of similar character to that which I have just described, having the same composition, and made from the same sources, and with the same climate and the same necessities, requiring the same aid, labor, intelligence and energy to make it yield vast wealth, which would appear nearly incredible, making the entire Basin the wonder of the West, second in importance to no Delta of the Nile or any other area of the same size on earth." 2 5 APPENDIX C JUDGE Y. SEPULVEDA, Mexico City, Sept. 7, 1895. Mexico City. MY DEAR SIR: Having secured from Gen. G. Andrade an option on 350,000 acres of land in north-east Baja California, we come to you for the following information : ist. A certificate as to Gen. Andrade's title to the property he proposes to convey to us (for full description of which please see option given by Gen. Andrade to S. W. Fergusson, of May zist, 1895, and now in your possession). 2d. Does the grant of the Republic of Mexico to the said Andrade give him full and absolute power and authority to convey said land to me or to any person or corporation to whom I may assign said option ? 3d. As a citizen of the United States am I under any legal dis- ability in regard to owning, holding and operating the above described property ? 4th. Would a corporation organized and existing under and by virtue of the laws of any of the states in the United States be under any legal disability in acquiring, holding, operating and conveying said tract of land ? 5th. If by virtue of the laws of Mexico the answer to questions 3 and 4 is "yes," then 6th. What is your advice in the premises, taking into considera- tion the following : a. that we wish to acquire perfect title to the lands described ; b. it is then our intention to construct and operate a system of irrigation for the purpose of reclaiming said lands ; c. we will more than likely conduct extensive farming operations for the purpose of experimenting and demonstrating in a practical way what the lands described are especially adapted to, and as soon as we can deliver water for irrigation purposes we expect d. to sub-divide and sell lands to colonists whom we may procure from the United States, Canada, and Europe, and in fact we will make an effort to secure desirable settlers from all parts of the civilized world. 6th. What provisions do the laws of Mexico make for companies or individuals proposing to operate, as we do, i. e., statutory provisions for concessions of every nature and kind? yth. What are the necessary steps to be taken whereby we will be enabled to place the project intelligently before the people whom we hope to interest, in order to secure capital sufficient to inaugurate and carry to a successful issue the enterprise as outlined above? 26 8th. Having in view the fact that we are not at the present time prepared to make any definite proposition to the Mexican Govern- ment, would it be possible to obtain any guarantee from said Govern- ment in writing, as to the nature or character of concessions which may be afforded us in the event we prepare ourselves to make over- tures to the Government as indicated in the outline given above? 9th. Are there any laws or treaty stipulations between the Re- public of Mexico and the United States which would in any way interfere with the diversion and use of the waters of the River Colorado for irrigation purposes in either of the Republics ? loth. Has the Republic of Mexico a code of irrigation laws? If so, can you furnish me a brief digest of the same for discussion in the present instance and for future reference ? nth. Baja California being under territorial jurisdiction, would it be possible to secure an Act or Acts of Congress on the subject of irrigation, which would undertake to supply any deficiency or fault which may be found to exist in the present laws on that subject? Respectfully submitted, (Signed), S. W. FERGUSSON. City of Mexico, Sept. lyth, 1895. MR. SAMUEL W. FERGUSSON. MY DEAR SIR : I enclose opinion as to title of Andrade property, and answers to questions propounded ; also, form of colonization con- tract with regulations, and synopsis of water concessions. If I have failed to cover any point suggested by you, be pleased to call my attention to it, as well as to any new matter you may desire. With best wishes, I am, sincerely yours, (Signed), Y. SEPULVEDA. City of Mexico, Sept. 1895. MR. SAMUEL W. FERGUSSON. MY DEAR SIR : Agreeable to your request, I have examined the records of the Government to ascertain the condition of the title of Mr. Guillermo Andrade to the lands you have contracted to acquire on the Colorado River, lying in the territory of Lower California. The records develop the following facts : On the 5th day of March, 1888, Mr. Andrade executed a document to the Government of Mexico, whereby the contract for colonization, 27 entered into on the nth of January, 1878, with the Mexican Agricul- tural, Industrial and Colonization Company of lands on the Colorado River was rescinded and ended ; it appearing that said company had not complied with the terms stipulated and was not in a position to comply further with said contract. The land, as a result of this rescision, reverted to the Government absolutely. On the 8th of March, 1888, Mr. Andrade deeming it probable that he could colonize individually or by means of associates, part of the land that had thus reverted to the Government, made a contract with the proper authority to purchase 185,000 hectareas, about 460,000 acres, being part of the land included in the rescinded contract. The contract of the 8th of March, enumerated in detail the different pieces of land the sale of which were stipulated, and fixes the price to be paid to the Government therefor. In accordance with the last men- tioned contract, a regular and valid deed was executed by the President of Mexico, on the yth day of August, 1888. This deed specifies the quantity of land conveyed to Mr. Andrade, its location according to the map on file, recites the fact that due payment has been made by Mr. Andrade, and grants him the full ownership of said lands. In looking over the record it appears that the lands are accurately set forth in a map with different colors, corresponding with the recitals of the description contained in the final deed of the President of Mexico, and embrace the lands contracted with you by Mr. Andrade, on the 2ist day of May, 1895. In addition to the 185,000 hectareas, Mr. Andrade denounced according to law, some lands situated between the five sections, Port Santa Ysabel and section one in the state of Sonora ; these lands being described as located between Santa Ysabel and Colonia Lerdo on the south of this last, being at the left bank of the Colorado River. The quantity of this last mentioned tract so denounced, embraces 21,722 hectareas, (about 53,000 acres). The proceedings of the above de- nouncement are regular, and the Government approved the same. It results from a careful investigation of the matter, that the title by valid deed to the land you have contracted to purchase from Mr. Andrade is vested legally and absolutely in him; that he has the unquestionable right to sell the same, and that any foreign company organized can purchase and acquire title according to Mexican law by means of a colonization grant, and be fully vested with the rights of ownership. 2. The grant of the Mexican Government to said Andrade vests in him full and absolute power and authority to convey said lands to you or to any other person or corporation that you may assign the option. 28 3- As a citizen of the United States, you are under no legal dis- ability to own, hold and operate the said lands, save that as an individual you have to obtain permission of the President of Mexico, to acquire the same, because said lands are located within twenty (20) leagues of the boundary line. 4, 5, 6. A corporation organized in the United States, by virtue of the laws of any of the states of said country, may acquire, hold and operate and convey said tract of land by obtaining a colonization grant, either directly, or through Mr. Andrade, before sale, and in the latter case, this gentleman can assign to the foreign company as the law es- pecially authorizes him for this. Then the foreign company enjoys all the privileges and franchises that the Colonization Law confers. That you may be acquainted with the nature of a colonization grant and all the rights it confers, I annex the form in which the Government will grant it, and also a list of articles which the law of colonization will allow free of duty in their importation. The Government also grants to individuals or companies, the right to construct canals for diverting the waters of rivers for the purpose of irrigation. I annex a synopsis of law in this regard. 8. The Government is compelled to grant you a colonization con- tract which will cover all the operations you desire to undertake. Being preferable for Mr. Andrade to obtain it and then assign it to the company you may organize. The obligation of Mr. Andrade to obtain the colonization contract is imposed on him by the additional article executed by him before the Mexican Notary. 9. There are no laws or treaty stipulations between Mexico and the United States as to the diversion of and use of the waters of the Colorado River for irrigation purposes, and the usual tenets of inter- national law would control the matter. 10. Mexico has not general irrigation laws, except the grants it confers for the diverting of water, a synopsis of which I attach to this opinion. 11. It could hardly be feasible to obtain a special legislation for irrigation in Lower California, and you would be controlled by the common law in this respect, which furnishes ample field for the uses you desire. FORM OF MEXICAN CONTRACT OF COLONIZATION, REFERRED TO BY JUDGE SEPULVEDA. ARTICLE i. In conformity with the prescriptions of Article 28, of the law of December isth, 1883, Mr. is authorized by himself or the company he may organize, to colonize the lands he may own in the territory of Lower California. ART. 2. The company binds itself to establish in said lands, within ten years from the publication of this contract, at least colonists, establishing the first colonists within t\*o years from the first publication of this contract. ART. 3. In conformity with jthe provisions of Article yth of the present Colonization Law, the colonists established by the company shall enjoy for ten years, computed from the date of their first estab- lishment, the following exemptions: I. Exemption from military duty. II. Exemption from all taxes except the stamp tax and municipal taxes. III. Personal exemption, and untransferable, of importation and interior duties, of all provisions where there are none ; agricultural implements, tools, machinery, chattels, construction materials for dwel- ling houses, furniture for their use, breeding and blooded animals, for the use of the colonists. IV. Personal and untransferable exemption from duties on the exportation of the products raised by them. V. Prizes for notable works and special protection for the intro- duction of a new industry or cultivation. VI. Exemption from fees for legalization of signatures and issuance of passports that Consular Agents may execute to individuals who may come to the Republic for the purpose of colonizing. ART. 4. The company, pursuant to Article 25th of said Coloniza- tion Law, of i5th December, 1883, except fractions V and VI of same, shall enjoy for ten years computed from the establishment of the first colonists, the following franchises : I. Exemption from all taxes, except the stamp tax, of the capital invested by the company for the exclusive purpose of colonization. II. Exemption from port duties, except those imposed for the improvement of port, and pilotage, on all vessels that may on account of the company bring colonists to the Republic. III. Exemption from the duties of importation of all tools, machinery, construction materials, work and breeding animals, for the use of the colonists. 3 IV. Discount allowed on prices of passage of colonists on steamers or railroad lines belonging to companies with whom the Government has stipulated such discount for the reason that they are subsidized by the Government. V. The importations mentioned in preceding articles, will be made in conformity with the regulations of the iyth of July, 1889, and the company shall not be entitled to the same until it proves that the colonization has commenced. ART. 6. The company binds itself in pursuance of Article 28 of said law of December i5th, 1883, to furnish either by concession or sale to each colonist a lot of land of not less than five hectareas, (12^2 acres). ART. 7. The contracts that the company may enter into with the colonists, must be according to law, and shall be approved by the Department of Fomento. ART. 8. To guarantee the obligations mentioned in this contract, the company shall make a deposit in the National Mexican Bank of the sum of, say, , equivalent to about gold in securi- ties of the public debt within sixty days after the publication of this contract, which amount shall be lost in case of forfeiture of contract. ART. 9. The company shall be considered Mexican, and be subject to courts of Mexico. ART. io. This contract will be declared forfeited I. If deposit is not made as provided in Article 8. II. By not establishing the number of colonists referred to in Article 2, and within the time therein mentioned. III. By transferring, mortgaging or alienating the rights conferred by the present contract to an individual or to a company without per- mission of the Government. IV. By transferring, mortgaging, or alienating said rights to a foreign government or state, or by allowing it to become a partner in the undertaking. ART. IT. In case forfeiture is declared for the reasons stated in paragraph II, the company in addition to the forfeiture of the deposit, shall pay as penalty $40 in government securities for each colonist it fails to establish. In case of forfeiture on account of paragraph III, the company shall lose the deposit ; and in case of paragraph IV, the company shall lose deposit and all rights and property it has in the territory. ART. 12. The colonists that have been legally established by the company shall enjoy all the franchises granted by the Colonization Law, even though the company forfeits theirs. Regulations of July I7th, 1889, referred to in Article 5th of the Colonization Contract. The following articles are free of duty for colonists and companies dealing with the Government in colonization contracts : Oil, garlic, peas, rice, oats, sugar of all kinds, coffee of all kinds, salted and smoked meats and hams, barley, onions, beans, fresh fruits and vegetables, crackers, chick pea, flour made from all cereals, con- densed milk, lentils, corn, lard, butter, powdered mustard, potatoes, preserved food, pepper, salt, tea of all kinds, starch, vinegar, piping made of clay, brick, flagstones or pavements, whetstones, glass for windows or doors, gypsum, wheelbarrows, wagons and carts of all sizes, axle-trees, steel or iron, harnesses for common use, wire for fencing, nails, locks, hinges, keys, screws, iron and clay roofing, bel- lows, tools of all kinds, and handles for same, stoves and their pipes, horse-shoes, windmills of all kinds to get water, pulleys, iron beams for binding houses, zinc for roofing, machinery and accessories, geld- ings, brooms, lumber, doors and windows, tents of all kinds with their posts. Colonists shall also enjoy on their arrival freedom from duties on the furniture they bring, and all utensils and articles for house use. To import above, application is made to Fomento, order then is given to Custom House, Consular invoice is required. WATER CONCESSION. 1. The Government grants to individuals or companies the right to use the waters of federal jurisdiction for the purposes of irrigation, or as a power to be applied to any industry. 2. Map and description of work to be done and filed with petition. 3. Tariff rates to be charged for water to be approved by the Government. 4. The grantees enjoy for five years the following franchises and exemptions : I. Exemption from all federal tax, except stamp, of all capital employed in the work, and repairs of same. II. Importation free of duty, only once, of all machinery, scien- tific instruments and apparatus for the work. III. Right to use all Government land for the canals, reservoirs or dikes. IV. Right of eminent domain. 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