and scope of sovereignty with respect to judicial jurisdiction, which is one of its elements, Chief Justice Marshall said (Schooner Exchange v. McFaddon, 7 Cranch, p. 136): "The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it deriving validity from an external source would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction. "All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate source." It would be entirely useless to multiply authorities. So strongly is the principle of general and absolute sovereignty maintained that it has even been asserted by high authority that admitted international servitudes cease when they conflict with the necessities of the servient State. (Bluntschli, p. 212; see criticism by Creasy, p. 258.) Whether this be true or not, its assertion serves to emphasize the truth that self-preservation is one of the first laws of nations. No believer in the doctrine of natural servitudes has ever suggested one which would interfere with the enjoyment by a nation within its own territory of whatever was necessary to the development of its resources or the comfort of its people. The immediate as well as the possible consequences of the right asserted by Mexico show that its recognition is entirely inconsistent with the sovereignty of the United States over its national domain. Apart from the sum demanded by way of indemnity for the past, the claim involves not only the arrest of further settlement and development of large regions of the country, but the abandonment, in great measure at least, of what has already been accomplished. It is well known that the clearing and settlement of a wooded country affects the flow of streams, making it not only generally less, but also subjecting it to more sudden fluctuations between greater extremes, thereby exposing inhabitants on their banks to increase of the double danger of drought and flood. The principle now asserted might lead to consequences in other cases, which need only be suggested. It will be remembered that a large part of the territory in question was public domain of Mexico and was ceded as such to the United States, so that their proprietary as well as their sovereign rights are involved. It is not suggested that the injuries complained of are or have been in any measure due to wantonness or wastefulness in the use of water or to any design or intention to injure. The water is simply insufficient to supply the needs of the great stretch of arid country through which the river, never large in the dry season, flows, giving much and receiving little. The case presented is a novel one. Whether the circumstances make it possible or proper to take any action from consideration of comity is a question which does not pertain to this department; but that question should be decided as one of policy only, because, in my opinion, the rules, principles, and precedents of international law impose no liability or obligation upon the United States. Very respectfully, JUDSON HARMON, Attorney General. EXHIBIT K. THE ALL-AMERICAN CANAL. W. [Preliminary report of the All-American Canal Board, Dr. Elwood Mead, W. Schlecht, C. E. Grunsky, together with the report of the engineer in charge of surveys and examinations, Porter J. Preston. December, 1918.] Organization and duties of the All-American Canal Board. This board has been appointed under the provisions of an agreement bearing date February 16, 1918, between the Secretary of the Interior and the Imperial irrigation district, which provides as follows: "Whereas it is desired to make a complete investigation, survey, and cost estimate of an all-American canal from the Laguna Dam, Arizona-California, into Imperial Valley, California; and "Whereas the said district will allot the sum of thirty thousand dollars ($30,000) to be made available upon condition that the United States will enter into a contract for said cooperation with the said district; and 46 Whereas the Secretary will allot the sum of fifteen thousand dollars ($15,to be expended on such investigations in cooperation with the said district. 000) Now, therefore, in consideration of the promises and the mutual covenants and agreements herein contained, it is stipulated and agreed between the parties hereto as follows: "That investigations, surveys, and cost estimates of an all-American canal from the Laguna Dam, Arizona-California, into Imperial Valley, California, will be made in order to determine the possibility and feasibility of carrying an adequate supply of water for the irrigation of arid lands in the Imperial Valley, that such surveys shall be made in sufficient detail so that the character and cost of development shall be shown-such surveys shall also investigate the ways and means by which power may be developed as an incident to the construction of such irrigation works and the value and possible uses thereof. "All investigations, surveys, and cost estimates contemplated hereunder shall follow a general plan of operation jointly agreed upon by a board, one member to be selected by the district, one by the director of the U. S. Reclamation Service, and a third by the University of California. The surveys shall be made by an engineer duly appointed by the director of the U. S. Reclamation Service * * * and the engineer shall be authorized to employ all necessary assistants and make all necessary expenditures. * * * "On completion of the said surveys and investigations a report thereof shall be made by the engineer of the Reclamation Service in charge of the work. The facts and conclusions reported shall be reviewed by the board, provided for in article 7 hereof. The 'report of this board shall be published by the U. S. Reclamation Service.' ** * * This report shall contain detailed estimates with suitable explanatory maps, plans, and other documents as exhibits, such reports shall contain specific conclusions and recommendations as to the future policy. * * * The director of the U. S. Reclamation Service appointed W. W. Schlecht as a member of the board, the University of California appointed Dr. Elwood Mead, and the Imperial irrigation district appointed C. E. Grunsky. Mr. Porter J. Preston was appointed by the Director of the U. S. Reclamation Service to serve as the engineer in charge of the surveys, examinations, and cost estimates. The work done in the field and office under the advice this board by Mr. Preston has now been advanced to the point where preliminary conclusions relating to general features of an all-American canal project, together with preliminary cost estimates, can be presented. In transmitting the following preliminary statement of facts and conclusions the board reserves the right to amplify and modify them if later this is thought to be desirable, and proposes to follow up the summary now submitted with a discussion of the canal features and the problems now but briefly touched upon. The urgent demand by Imperial irrigation district for the submission of our conclusions at the earliest possible time and our earnest endeavor to comply with the request be taken into account if this preliminary statement is not as complete as might be desired. Preliminary statement of facts and conclusions.-The total area of Imperial irrigation district is 584,700 acres. The net cultivable area in Imperial irrigation district is about 515,000 acres. The net area for which water will be required in Imperial Valley is about 900,000 acres. The total gross area to which the cost of an all-American canal would be charged may exceed by some considerable amount the net area. This gross area has not been estimated neither for the Imperial irrigation district nor for the outside lands. The cost of constructing an all-American canal for the irrigation of the arid lands in Imperial Valley is based on the assumption that the canal will have a capacity of 9,006 second-feet. But it should be understood that future increase of capacity will be possible. An all-American canal to meet only the requirements of Imperial irrigation district, though with some allowance for an expansion of the district, has been planned at a capacity of 6,000 second-feet. The maximum water requirement for irrigation of the Yuma project including 45,000 acres of mesa land is estimated at 1,600 second-feet, subject, however, to future extensions. The enlargement of the Yuma project canal from the Laguna Dam to Siphon Drop has been planned at a capacity of 10,600 second-feet for the all-American canal if constructed to serve 900,000 acres in the Imperial Valley and at a capacity of 7,600 second-feet if it is to be built for the Imperial irrigation district alone. The Laguna Dam should be raised about 2 feet and the shape of its crest should be modified so that there will be less opportunity for drift to hang on the crest. There should be a low section of the crest of adequate length with movable device to provide for control of the line of flow and to permit of some regulation of the river height above the dam. The Yuma project will require a certain amount of power to pump water from the level of the canal system of the Yuma Valley to the Yuma Mesa. To provide this power a power station, located near Araz, is proposed by the U. S. Reclamation Service as a project feature. Power is to be generated with water brought from the Laguna Dam through enlarged headworks, an enlarged Yuma Canal to the Siphon Drop and a canal with a capacity of about 4,000 second-feet from the Siphon Drop to the power station, where it is estimated that an installation for the utilization of about 8,500 water horsepower will be required for the generation of electric energy. The apportionment of cost of utilizing the water power of an all-American canal and of transmitting the electric energy to the Yuma Canal project should be made on the assumption that these tentative plans for the Yuma project will some day be carried out. The Yuma project on this assumption would maintain an interest in canal capacity to the extent of 4,000 second-feet of water to Araz and in power plants to a limit of an installation for the utilization of 8,500 water horsepower, regardless of where the water power is used to generate electric energy. The distribution of the cost of making alterations at the Laguna Dam and of enlarging the Yuma Canal and building new canal down to the power site at Araz, should be to power and to irrigation in equal amounts, for the water used in the vicinity of Pilot Knob for power or made available for such use in that vicinity. Power developments with water of the all-American canal should not be charged with the cost of canal construction beyond Araz. The first work to be done as a part of the construction of an all-American caral should be the enlargement of the Yuma Canal and its headworks and the construction of an extension of the enlarged canal at a capacity of either 6,000 or 9,000 second-feet (depending upon whether the all-American canal is to be constructed by Imperial district alone or by the district with the assistance of the outside lands of Imperial Valley down to Pilot Knob, and the installation of a power plant for construction purposes at that point. The power plant installation for construction purposes at Pilot Knob should be for the utilization of a fall of about 30 feet and the arrangement should be such that if necessary the capacity of the plant can be increased. Provision may some time in the future have to be made also for a stand-by gasoline or steam power plant, but this is not included in the works now necessary. If power is required at any time for operating gates when there is no water in the canal, this will be obtainable from the Southern Sierras Power Co., whose transmission lines have already been extended into this district. ་་ On the all-American canal at two points all can be concentrated and power should be developed. This is to be done at or near the points marked “Power House on the General Map which accompanies Mr. Preston's report. The plants at these points will be referred to as Power Plants Nos. 1 and 2. The installation should be for the utilization of 6,000 second-feet falling about 30 feet at the first station (although at first only 24 feet of fall are to be utilized) and 5,500 second-feet falling about 47 feet at the second station. The total cost of constructing the all-American canal as described in Mr. Preston's report at a capacity of 9,000 second-feet, not including the two power plants on the mesa, is estimated at $26,732,602. This includes $1,900,000 to he paid to the United States in installments, without interest, for the right to connect with the Laguna Dam and to utilize diverting works in common with the Yuma project. The total cost of constructing an all-American canal for Imperial irrigation district only, at a capacny of 6,000 second-feet, not including the two power plants on the mesa, is estimated at $24,304,048. This includes $1,600,000 to be paid to the United States in installments, without interest, for the right to connect with the Laguna Dam, and to utilize diverting works in common with the Yuma project. The amount which should be charged by the United States to an all-American canal project with canal capacity of 9,000 second-feet, which is to supply water to an area of 900,000 acres, for the privileges of connecting with the Laguna Dam, has been estimated at $1,900,000. This amount should be apportioned to the Imperial irrigation district and to outside lands in the proportion of the contributing areas. It will be payable in installments to be fixed by the Secretary of the Interior extending over a period of 20 years without interest. The Imperial irrigation district should obligate itself, as is contemplated by the agreement of October 23, 1918, between the Secretary of the Interior and the directors of Imperial irrigation district, to make the payment of its proportional part of this sum, or in round numbers about 60 per cent thereof. The amount which should be paid by Imperial irrigation district to the United States for the privilege of connecting with the Laguna Dam, if an allAmerican canal is constructed at a capacity of 6,000 second-feet to supply water only to lands within the Imperial irrigation district, is $1,600,000. This amount will be payable in installments extending over a period of 20 years without interest. The agreement under which this board is acting makes it imperative to consider only a high-line canal located entirely on American territory. The unfortunate position of the boundary line interferes with the consideration of a location farther to the south, which would in all probability be better adapted to the configuration of the ground. The agreement of October 23, 1918, between the Secretary of the Interior and the directors of the Imperial irrigation district provides for the construction of an all-American canal by the Imperial irrigation district. Should the district fail to construct an all-American canal as contemplated under this agreement the question will then arise on other methods of procedure. This board believes that means must be found for extending the irrigation in the Imperial Valley to the mesa and other lands that can be commanded by canal from the Laguna Dam, and that, from an engineering point of view, there would be material advantage in a canal location not restricted by the international boundary. After a high-line canal has been constructed under the pending agreement or otherwise the United States should make provision for the necessary submains and laterals to serve the lands which are outside of Imperial irrigation district and dispose of the public lands, granting long time in which to make payments and a low rate of interest on deferred payments. The canal has been planned as an open canal through the sand hills. The canal banks are to be fairly flat on slopes 2 to 1, and a berne 30 feet wide is to be provided at the surface of the mesa formation, which is the base of the sand dunes. The board is of the opinion that the drifting sand can be checked by a proper disposal of spoil dumps and by delivery upon its surface, for some distance away from the canal, of material excavated by suction dredges from the canal prism. Vegetation can be made to grow on the sand dunes by irrigation with pumped water, as a barrier will thus be created that will materially reduce the amount of sand which would otherwise blow into the canal. The board, therefore, concludes that the construction of a large capacity canal through the sand hills is feasible. If the all-American canal project is not carried out under the terms of the agreement of October 23, 1918, and if there is delay in otherwise making provision for the same, the connection of the Imperial Canal with Laguna Dam should still be made at once. Furthermore, if the construction of a high-line canal, heading at Laguna Dam, must be long deferred the installation of a power plant at full capacity to meet the requirements of the Yuma project may become necessary. Such a connection would involve the enlargement of the Yuma Canal down to the Siphon Drop to a capacity of 7,600 second-feet, with alterations at the Laguna Dam and the construction of a canal from the Siphon Drop to Pilot Knob at a capacity of 6,000 second-feet. There should be no unnecessary delay in carrying out this work for which funds might be provided according to circumstances, either jointly by the United States for the Yuma project and by the Imperial irrigation district, or by the United States alone, subject to repayment of its share of the cost with interest by the Imperial irrigation district; or by the Imperial irrigation district alone, subject to a participation in power by the Yuma project upon a repayment to the district of a part of the construction cost. Of the total canal construction cost a certain part should be charged to power development. This may be estimated on the basis of power development near Pilot Knob on the assumption that the cost of getting water for power to Araz (up to 6,000 second-feet) should be charged in equal amounts to irrigation and to power. There should therefore be charged to power one-third of the cost of canal construction down to Araz, if the all-American canal is constructed at a capacity of 9,000 second-feet and one-half thereof if the canal is constructed at a capacity of 6,000 second-feet, or if only the connection with the Laguna Dam is made at this capacity. The Yuma project should be charged for the reserved interest in power twoninths, or one-third of the cost of the alterations at the Laguna Dam and canal construction at Araz, depending on whether the all-American canal is given a capacity of 9,000 or only 6,000 second-feet, and 40 per cent of the estimated cost of a power plant at Araz. Consequently the apportionment and distribution of canal and power construction costs should be as follows: All-American canal, 9,000 second-feet capacity: Estimated total cost of canal construction, including the cost of the right to connect with Laguna Dam, but not including the cost of power development (p. 18, Engineer's report). Charge Yuma project with two-ninths of $4,097,401 (p. 19, Engineer's report). Charge Imperial Valley with_ Right to connect with Laguna Dam_ Net canal construction cost charged to Imperial Valley $26, 732, 602 910, 534 25, 822, 068 1,900, 000 23, 922, 068 The distribution of cost, according to area, to Imperial irrigation district and to the mesa and other outside lands, would be about as follows: Imperial irrigation district, about 60 per cent : Estimated cost of power plants (p. 27, Engineer's report) Charge to Imperial Valley---. 4, 508, 690 754, 676 . 3, 754, 014 If the estimated cost of power plants, $3,754,014, charged as above to Imperial Valley, is distributed to the Imperial irrigation district and to the mesa and other outside lands in the proportion of area, or about 60 per cent to the district and 40 per cent to the outside lands, then : Imperial irrigation district investment in power will be about__ Total____ $2,252, 408 1,501, 606 3,754, 014 The distribution of all construction costs will be about as follows: |