1889, concerning the water boundary between the two countries, was concluded and signed by their respective plenipotentiaries at the city of Washington on the 21st day of November, 1900, the original of which convention, being in the English and Spanish languages, is word for word as follows:

Whereas the United States of America and the United States of Mexico desire to give full effect to the provisions of the convention concluded and signed in Washington March 1, 1889, to facilitate the execution of the provisions contained in the treaty signed by the two high contracting parties on the 12th of November, 1884, and to avoid the difficulties arising from the changes which are taking place in the beds of the Bravo del Norte and Colorado Rivers in those parts which serve as a boundary between the two Republics:

And whereas the period fixed by Article IX of the convention of March 1, 1889, extended by the conventions of October 1, 1895, November 6, 1896, October 29, 1897, December 2, 1898, and December 22, 1899, expires on the 24th of December, 1900:

And whereas the two high contracting parties deem it expedient to indefinitely continue the period fixed by Article IX of the convention of March 1, 1889, and by the sole article of the convention of October 1, 1895, that of November 6, 1896, that of October 29, 1897, that of December 2, 1898, and that of December 22, 1899, in order that the International Boundary Commission may be able to continue the examination and decision of the cases submitted to it, they have for that purpose appointed their respective plenipotentiaries, to wit:

The President of the United States of America, John Hay, Secretary of State of the United States of America; and

The President of the United States of Mexico, Manuel de Azpíroz, Ambassador Extraordinary and Plenipotentiary of the United States of Mexico at Washington;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following article:

ARTICLE.

The said convention of March 1, 1889, as extended on the several dates above mentioned, and the commission established thereunder shall continue in force and effect indefinitely, subject, however, to the right of either contracting party to dissolve the said commission by giving six months' notice to the other; but such dissolution of the commission shall not prevent the two Governments from thereafter agreeing to revive the said commission or to reconstitute the same according to the terms of the said convention; and the said convention of March 1. 1889, as hereby continued, may be terminated 12 months after notice of a desire for its termination shall have been given in due form by one of the two contracting parties to the other.

This convention shall be ratified by the two high contracting parties in conformity with their respective Constitutions, and the ratification shall be exchanged in Washrington as soon as possible.

In testimony whereof, we, the undersigned, by virtue of our respective powers, have signed this convention in duplicate, in the English and Spanish languages, and have affixed our respective seals.

Done in the city of Washington on the 21st day of November, 1900.

JOHN HAY.
[SEAL.]
M. DE AZPÍROZ. [SEAL.]

And whereas the said convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the 24th day of December, 1900:

Now, therefore, be it known that I, William McKinley, Presidet of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof I have hereunto set my hand and caused the seal of the United States of America to be affixed.

Done at the city of Washington this twenty-fourth day of December in the year of Our Lord one thousand nine hundred and of the Independence of the United States the one hundred and twenty-fifth.

[SEAL.]

By the President:

DAVID J. HILL,

WILLIAM MCKINLEY.

Acting Secretury of State.

EXHIBIT D.

OFFICE OF THE SECRETARY OF STATE, DEVELOPMENT, COLONIZATION, AND INDUSTRY.

SECTION FIFTH.

The President of the Republic has been pleased to address me the following decree:

“Porfirio Diaz, Constitutional President of the United States of Mexico, to its inhabitants, be it known:

"That the Congress of the Union has seen fit to decree as follows: "That Congress of the United States of Mexico decrees:

“ONLY ARTICLE. Hereby is approved the contract that on the 17th of this month of May, 1904, was made between Gen. Manuel Gonzales Cosio, secretary of state and of development, in representation of the Executive of the Union and Sr. Lic. Ignacio Sepveda, as representative of the Sociedad de Riego y Terrenos de la Baja California, S. A., to carry the waters of the Colorado River through Mexican territory and for the use of said waters.

"Luis Perez Verdia, president of the House of Deputies. T. Reyes Retana, president of the Senate. Carlos M. Saavedra, secretary of the House of Deputies. Carlos Flores, secretary of the Senate. Signed.

“Therefore, I order it to be printed, published, circulated, and duly complied

with.

"Given in the palace of the Executive Federal power on the 7th day of the month of June, 1904. Porfirio Diaz.

"To Gen. Manuel Gonzales Cosio, Secretary of State and of Development, Colonization, and Industry. Addressed."

And I communicate it to you for its fulfillment and other purposes.
Mexico, June 10, 1904. G. Cosio. To

Revenue stamps for $25 duly canceled.

Contract entered into between the Citizen General D. Manuel Gonzales Cosio, secretary of state and of development, in representation of the Executive Government, and Lic. Ignacio Sepulved, as representative of the Sociedad de Riego y Terrenos de la Baja California, S. A., to carry the waters of the Colorado River through Mexican territory, and for the use of said waters.

ARTICLE 1. The Sociedad de Riego y Terrenos de la Baja California, S. A., is authorized to carry through the canal which it has built in Mexican territory and through other canals that it may build, if convenient, water to an amount of 284 cubic meters per second from the waters taken from the Colorado River in territory of the United States by the California Development Co., and which waters this company has ceded to the Sociedad de Riego y Terrenos de la Baja California, S. A. It is also authorized to carry to the lands of the United States the water with the exception of that mentioned in the following article:

ART. 2. From the water mentioned in the foregoing article enough shall be used to irrigate the lands susceptible of irrigation in Lower California with the water carried through the canal or canals, without in any case the amount of water used exceeding one-half of the volume of water passing through said canals.

ART. 3. Within the term of six months, counted from the publication of the present contract, the company shall deliver to the office of the secretary of development, in duplicate, properly arranged in decimal, metrical scale, the maps and profiles of the canal already built and of the other hydraulic works connected therewith, with a descriptive report.

ART. 4. The company is also authorized to connect. In Mexican territory, the aforesaid canal or canals with the Colorado River, so that it may be able, without injuring the rights of a third party nor the navigation as long as the river is destined for navigation, to take from said river as much as 284 cubic meters of water per second. Those waters shall be used in the irrigation of lands in Mexico and the United States in the proportion established in articles 1 and 2.

185833-20- -14

ART. 5. The Executive Government may authorize the company, while the needs of the country do not require the use of the total amount of the waters appropriated. to use them where it may find it convenient.

ART. 6. The company, grantee, is under the obligation to deliver to the office of the secretary of development, within the term fixed in the following article, the design of the hydraulic works referred to in article 4, with a descriptive report, and the necessary maps on profiles for greater clearness of the details of the works.

ART. 7. The surveys of the land to locate the hydraulic works shall be begun by the company, grantee, within the term of six months from the date of the promulgation of the present contract, and within the term of 12 months, counted from the same date, it will deliver to the secretary of development the respective maps of said works in duplicate, and properly arranged in a decimal, metrical scale, with the approval of the inspector to be appointed, and requesting the approval of the secretary of development.

The duplicate of the maps shall be returned to the company, grantee, with the annotation of having been approved or not, and the other copy shall remain in the archives of the office of the secretary.

ART. 8. Within the term of 24 months counted from the date of the promulgation of this contract, the company, grantee, shall begin the construction of the works, which shall be ended at the latest within 7 years, counted from the same date.

ART. 9. The company, grantee, may build over the canals it may construct the bridges it may think necessary for private traffic, presenting previously to the secretary of development for his approval the maps, and the company shall be obliged also to build, at its own expense, the bridges which may be required for the local or general traffic whenever its canals shall traverse any road or highway of public use, presenting the respective maps and requesting the previous approval of same, either from the secretary of interior and the government of the Territory of Lower California or from the secretary of communications and public works, as the case may be.

ART. 10. The company, grantee, is subject, in all that refers to the present contract, to the inspection of the engineer to be appointed by the secretary of development and obliged to contribute to the expenses of said inspection with the sum of $300 every month, which amount shall be delivered in advance to the general treasury of the federation from the date of the promulgation of the contract.

In case that the company, grantee, should not fulfill the provisions of the present article it agrees with the right given the revenue collectors to seize and sell its property to pay the debts due to the treasury.

ART. 11. The company shall have the right of way of 20 meters in all the length of its canals on each side of said canals, besides the width of the said canals.

ART. 12. The lands belonging to the Nation and which the company, grantee, may occupy in all the extension, as set forth in the foregoing article, and the lands which it may need for dams, reservoirs or basins, storehouses, depots. and other buildings shall be taken freely by the company in accordance with the provisions of paragraph 3, article 3, of the law of the 6th of June, 1894.

ART. 13. The company, grantee, may take, in accordance with the laws of condemnation by reason of public utility, the private lands needed for the establishment of its aqueducts and their appurtenances, depots. stations, and other accessories in accordance with Fraction IV of article 3 of the law of June 6, 1894, as per the following rules:

1. If there should be no agreement between the company, grantee, and the owners of the land, there will be appointed an expert appraiser by each one of the parties, and both appraisers shall deliver to said parties their respective valuations within the term of eight days from the day of their appointment. If the valuations are not in accord, the case shall be submitted to the district judge of the Territory of Lower California, and he shall appoint a third expert, who shall render his decision within the peremptory term of eight days from the day of his appointment of the amount which in justice should be given to indemnify the owner of the lands to be occupied.

The district judge, taking into consideration the opinion of the experts and the proofs presented by the parties, while the experts formulate their decision, shall fix the amount of indemnity within three days. The decree of the judge shall be final, unless it shall appear to be biased.

2. If the owner of the land to be occupied for public use for the construction of the aqueducts, depots, appurtenances, and accessories should not appoint his expert appraiser within the term of eight days after so notified by the district judge, at the request of the company, grantee, said judge shall officially appoint an appraiser to represent the interests of the owner.

3. In all cases in which it be necessary to apply to the district judge, said official, if the company, grantee, would ask it, or if it would be impossible for it to specify the amount of lands to be occupied, shall begin the case, and the judge, after having previously had an audience with the Government engineer, or in the absence of this one, with the expert appointed by the same judge, shall name a sum to be deposited, while the case is tried, authorizing the company, grantee, meanwhile to occupy the lands in question, with the understanding that if the final valuation of the experts should be more or less than the amount deposited by the company, grantee, the company to pay the balance or to receive the difference.

4. If the owner of the lands in question should be unknown or the ownership in dispute by reason of litigation or any other motive, the district judge shall fix, as the total of the indemnity, the amount rendered by the expert appointed by said judge in representation of the rightful owner of the land in question. The amount ultimately fixed shall be deposited in accordance with the legal provisions, to be delivered to whom it belongs.

5. The experts, in making their valuations, must take into account the amount of taxes paid by the land to be condemned and damages and benefits to accrue by same to the owner.

6. If to carry on the surveys it should be necessary to destroy or cut down in all or in part trees, cactus, or other obstacles, the company, grantee, shall have the right to do it, being under the obligations to pay an indemnity as soon as that be fixed.

ART. 14. The company, grantee, is authorized to build the telegraph and telephone lines it may think necessary along its work, for the exclusive use of its enterprise, with the previous approval of the secretary of communications and public works, and also to exploit those already built in the exclusive use of its works, the Government having the right to place freely and without any payment one or two telegraph wires on the posts of the line of the company, grantee, the company being subject to the laws and rulings now in force or that in the future may be enacted for the construction and exploitation of telegraph and telephone lines.

ART. 15. The company, grantee, may import, free of customhouse duties for only once, all the engines, scientific instruments, and necessary apparatus for the outlines, construction, and exploitation of the works.

The company, grantee, shall present to the secretary of development statements in detail of the articles which, in accordance with this concession, it shall have to import when needed, provided it be done within the stipulated terms in the present contract for the installation and construction, specifying in said statements the number, quantity, and quality of the articles, observing for said importation the rules enacted and which in the future be enacted by the Treasury Department, and also the limitations to be fixed by the secretary of development.

ART. 16. The articles needed shall be imported by the company, grantee, for the exclusive use of its work and its exploitation; but if it should sell or apply to any other uses any or some articles, the Secretary of the Treasury shall exact the payment of the respective duties, besides the penalties fixed by law in cases of smuggling.

ART. 17. During 10 years from the promulgation of this contract the capital invested by the company, grantee, in the survey, construction, and maintenance of the works referred to in this contract, shall be exempt from all Federal taxes, with the exception of those to be paid in stamps, which taxes shall be paid in accordance with the said law.

ART. 18. The company, grantee, is at liberty to enter into contracts and agreements with individuals and private public corporations for the use of the water granted to it, being subject in the prices to be charged to the tariff, which, with due opportunity, shall be presented to the secretary of development for his examination and approval, the company, grantee, having the right, nevertheless, to use said water in the irrigation of the lands belonging to it.

ART. 19. The company, grantee, shall lose the right to use the water granted to it in this contract in article 4 in case it does not use it for a period of 10

consecutive years, the Government being at liberty to grant it to any other persons, who, if they should accept the works made by the company, grantee, shall have to pay to this company the amounts fixed by the appraisers appointed by both parties.

ART. 20. The company, grantee, may transfer all or part of the concessions in the present contract with the previous permit of the secretary; also may mortgage it to individuals or private corporations, it being absolutely necessary in the first case that individuals or associations accept, respectively, all and each one of the obligations imposed to the company, grantee, by the present contract. ART. 21. The compnay, grantee, shall have the right to issue common shares, preferred shares, bonds, and obligations, and dispose of them.

ART. 22. At no time nor by any reason can the company, grantee, sell or mortgage the concessions made to the present contract to any Government or foreign State, nor admit it in partnership, it being null and of no value nor effect whatever, any stipulation made to that end.

ART. 23. The company, grantee, shall have in this capital a representative fully authorized to treat with the Government in all that refers to the present contract.

ART. 24. The company, grantee, shall guarantee the obligations contracted in this contract, making a deposit in the National Bank of Mexico of $10,000 in bonds of the consolidated public debt within eight days from the promulgation of the contract, and said deposit shall be returned to it when the hydraulic works referred to in this contract be finished.

ART. 25. This contract shall have no force if the deposit is not made within the term fixed in the foregoing article, and shall become extinct by the following reasons:

1. For not beginning the works for the surveying and construction of the works and by not finishing the same in the term fixed in articles 7 and 8. 2. For not making use of the waters in a term of 10 consecutive years. 3. By the transfer of this contract to an individual or corporation without the previous permit of the secretary of development.

4. By the transfer or mortgage of this contract and the concessions herein contained to a Government or foreign State.

ART. 26. If the cancellation of this contract shall take place by the reasons set forth in paragraphs 1 and 2 of the foregoing articles, the company, grantee, shall lose the deposit made and the concession and especial grants hereby made to it in this contract in article 4 and in those related to it, it being in force only in what refers to article 1.

In the case set forth in paragraph 3 the company, grantee, shall lose the deposit and the concessions and especial grants made to it in this contract.

If the cancellation should take place by the reasons expressed in paragraph 4, the company shall incur the loss of all its rights, estates, and properties of any kind related with this contract.

In all cases and before the declaration of cancellation is made the secretary of development will grant to the company, grantee, a reasonable term to make its defense.

ART. 27. The obligations agreed to by the company, grantee, in regard to the terms fixed in this contract shall be suspended in all cases of unexpected accident or by force of the elements duly justified and which may stop directly and absolutely the fulfillment of such obligations. The suspension shall last only for the term that the causes exist, the company, grantee, being under the duty to give to the General Government the statement and proofs of the unexpected accident within the term of three months from the time it took place, and by the sole reason of not presenting the proofs within the said term it will be impossible for the company, grantee, to allege at any time the circumstances of unexpected accident or the force of the elements.

The company, grantee, shall also present to the Federal Government the statements and proofs that the works have been continued as soon as the cause has ceased to exist, the presentation of said statements to be made within two months following the other three above mentioned. The company, grantee, shall only be excused for the term during which the impediment existed, or, at most, two months more.

ART. 28. The Government shall give to the company, grantee, the material and moral help within its possibilities, when the company so requests it, to overcome the difficulties that may arise in carrying out the present contract. ART. 29. The company, grantee, shall be subject to the laws and rulings now in force and which in the future may be enacted for the supervision, use, and benefit of the waters.