United States v. Rio Grande Dam Irrigation Company

• Decision Date: 03 March 1902
• Docket Number: No. 239,239
• Citation: 184 U.S. 416,22 S.Ct. 428,46 L.Ed. 619
• Parties: UNITED STATES, Appt. , v. RIO GRANDE DAM & IRRIGATION COMPANY et al
• Court: U.S. Supreme Court

184 U.S. 416

22 S.Ct. 428

46 L.Ed. 619

UNITED STATES, Appt.,

v RIO GRANDE DAM & IRRIGATION COMPANY et al.

No. 239.

Argued November 14, 15, 1901.

Decided March 3, 1902.

Mr. Marsden C. Burch for appellant.

Mr.J. H. McGrowan for appellees.

Mr. Justice Harlan delivered the opinion of the court:

This suit presents a contest between the United States and the appellee corporations as to the right asserted by the latter to construct over and near the Rio Grande a certain dam and reservoir for the purpose of appropriating the waters of that river in their private business.

By the 7th article of the treaty of February 2d, 1848, between the United States and the Republic of Mexico, it is provided that 'the river Gila and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the 5th article, divided in the middle between the two Republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. . . . The stipulations contained in the present article shall not impair the territorial rights of either Republic within its established limits.' 9 Stat. at L. 928. And by the 4th article of the treaty of December 30th, 1853, between the same countries, it was further provided that 'the several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte, below the initial of the said boundary provided in the 1st article of this treaty, that is to say, below the intersection of the 31°47'30" parallel of latitude, with the boundary lines established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe.' 10 Stat. at L. 1034. Again, by a convention between the United States and Mexico, concluded December 26th, 1890, provision was made for an international boundary commission, empowered, upon application by the local authorities, to inquire whether any works were being constructed on the Rio Grande which were forbidden by treaty stipulations. 26 Stat. at L. 1512.

Just before the last-named convention, Congress, by the act of September 19th, 1890, chap. 907, provided: 'That the creation of any obstruction not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense, and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court; the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney General of the United States.' 26 Stat. at L. 426, 454, § 10.

These treaties with the above and other acts of Congress being in force, the present suit was brought, May 24th, 1897, in the district court for the third judicial district of New Mexico the plaintiff being the United States of America, and the original defendant being the Rio Grande Dam & Irrigation Company, a corporation of that territory. By an amended bill, the Rio Grande Irrigation & Land Company—a British corporation doing business in the territory of New Mexico—was also made defendant. The latter corporation, it is alleged, was organized as an adjunct and agent of the New Mexico corporation.

The bill and amended bill show that the object of the suit was to obtain a decree enjoining the defendants from commencing or attempting to construct or build a certain dam and reservoir or any other dam, breakwater, reservoir or other structure, or obstruction of any character whatsoever, 'across the Rio Grande or the waters thereof, or from maintaining such dam or obstruction in the territory of New Mexico, and especially at Elephant Butte in said territory, or any other point on said river in said territory of New Mexico, as shall affect the navigable capacity of said Rio Grande at any point throughout its course, whether in the territory of New Mexico or elsewhere.'

The court of original jurisdiction said it was a fact of which it could take judicial notice, and it adjudged, that the Rio Grande was not navigable within the territory of New Mexico, and it dissolved the injunction theretofore granted against the defendants, and dismissed the suit. Upon appeal to the supreme court of the territory that decree was affirmed, August 24th, 1890.

The case was then brought here by appeal. This court in its opinion rendered May 22d, 1899, among other things said that to assert that Congress intended by its legislation 'to confer upon any state the right to appropriate all the waters of the tributary streams which unite into a navigable watercourse, and so destroy the navigability of that watercourse in derogation of the interests of all the people of the United States, is a construction which cannot be tolerated. It ignores the spirit of the legislation and carries the statute to the verge of the letter and far beyond what under the circumstances of the case must be held to have been the intent of Congress.' United States v. Rio Grande Dam & Irrig. Co. 174 U. S. 690, 708, 710, 43 L. ed. 1136, 1143, 1144, 19 Sup. Ct. Rep. 770, 777.

Referring especially to the above act of September 19th, 1890, the court also said: 'It is urged that the true construction of this act limits its applicability to obstructions in the navigable portion of a navigable stream, and that as it appears that although the Rio Grande may be navigable for a certain distance above its mouth, it is not navigable in the territory of New Mexico, this statute has no applicability. The language is general, and must be given full scope. It is not a prohibition of any obstruction to the navigation, but any obstruction to the navigable capacity, and anything, wherever done or however done, within the limits of the jurisdiction of the United States, which tends to destroy the navigable capacity of one of the navigable waters of the United States, is within the terms of that prohibition. Evidently Congress, perceiving that the time had come when the growing interests of commerce required that the navigable waters of the United States should be subjected to the direct control of the National government, and that nothing should be done by any state tending to testroy that navigability without the explicit assent of the National government, enacted the statute in question. And it would be to improperly ignore the scope of this language to limit it to the acts done within the very limits of navigation of a navigable stream. . . . The question always is one of fact, whether such appropriation substantially interferes with the navigable capacity within the limits where navigation is a recognized fact.' 174 U. S. 690, 708, 43 L. ed. 1136, 1143, 19 Sup. Ct. Rep. 770, 777.

The decree of the supreme court of the territory was reversed by this court, and the cause was remanded 'with instructions to set aside the decree of dismissal, and to order an inquiry into the question whether the intended acts of the defendants in the construction of a dam and in appropriating the waters of the Rio Grande will substantially diminish the navigability of that stream within the limits of present navigability, and if so, to enter a decree restraining those acts to the extent that they will so diminish.'

The mandate of this court, based upon its final order or May 22d, 1899, was issued June 24th, 1899. On the 14th of July, 1899, the supreme court of the territory remanded the cause to the court of original jurisdiction to be there proceeded with in accordance with our...