Area and capacity of reservoir site on South Fork of Humboldt River, in Elko County, Nev.

In this Territory development of the agricultural resources is largely dependent upon the best use of the waters of the Rio Grande and its principal tributary on the east, Pecos River. The utilization of the Rio Grande offers many difficult problems. This stream rises in central Colorado and flows south through the entire length of New Mexico, becoming the international boundary between the United States and Mexico. The waters of the river in Colorado are used to a large extent in San Luis Valley, and a number of small canals and ditches are taken out all along its course in New Mexico. In the southern part of the Territory the river is frequently dry in summer, and during the brief flood period of spring so large an amount of mud is transported that the maintenance of ditches is difficult and expensive. Water storage must be resorted to, but the obstacles to this are serious, both on account of a large amount of mud and because of the uncertainty of obtaining proper foundations for a substantial structure.

An attempt has been made by a corporation to begin water storage at what is known as Elephant Butte, but this resulted in protracted litigation in the United States courts, involving questions of the navigability of the lower river and the consideration of international distribution of the water. Pending the settlement of this case the construction of storage works on the Rio Grande and its tributaries. has been held in abeyance.

Pecos River is east of the Rio Grande, flowing in a general direction parallel with it in New Mexico. Leaving this Territory, it flows across the western arid prolongation of Texas. The greater part of the drainage basin of this river lies in what is known as the Red Beds country, the rocks containing large quantities of gypsum, and this, passing into solution, causes the waters of the lower Pecos to be so heavily charged with mineral salts that its use in irrigation requires the most careful

handling. Two large reservoirs have been built on the river above the town of Carlsbad, and irrigation has been developed to a considerable extent. There are other reservoir sites which may be utilized in the future if careful examination shows them to be as feasible as they are represented to be.

By special grants of Congress large areas of land have been donated to the Territory for the purpose of irrigation and of improving the Rio Grande. These donations, however, correspondingly reduce the disposal of other public lands, and as a consequence the funds available for reclamation are small. In order to carry out the purposes of the donation a land board and a commission of irrigation have been created. As yet little has been accomplished beyond the selection of certain tracts of land and the consideration of plans.

The table below shows the condition on June 30, 1901. A summary of the conditions, by States, on June 30, 1902, taken from the report of the Commissioner of the General Land Office, will be found on page 19.

Unappropriated, reserved, and appropriated lands in New Mexico on June 30, 1901.

By sections 62 and 63, chapter 65, laws of 1897 of the New Mexico legislature, approved March 18, 1897, a commission of irrigation and water rights was appointed. At the next session of the legislature, by section 34, chapter 75, laws of 1899, approved March 16, 1899, a commission of irrigation was appointed. By section 15, chapter 49, laws of 1901, approved March 20, 1901, the said section 34 was amended so as to read as follows:

SEC. 34. There is hereby created a commission of irrigation, to consist of five members, to be appointed by the governor, with the advice and consent of the legislative council, to serve for two years and until their successors are appointed. Said commission shall elect from among their members a president and secretary.

It shall be the duty of said commission to investigate and select the most suitable sites for permanent reservoirs for irrigation purposes, and for the improvement of the Rio Grande, and also to designate such tracts of public land, capable of irrigation from such reservoirs, as it would, in their judgment, be advisable to locate and select for the Territory under said act of Congress, in order to secure the benefit of the enhanced value of the lands resulting from the establishment and construction of such reservoirs, for which purposes said commission may employ all necessary expert assistants; and such commission shall notify the commission authorized to select such lands of the location of such reservoir sites and public lands available for irrigation thereunder. And the funds derived from the sale or lease of any lands, donated to the Territory under the act of Congress herein before referred to, for the establishment of permanent reservoirs and the improvement of the Rio Grande, shall be expended or invested by the Territorial treasurer, under the direction of the commissioner of public lands, with the approval of said irrigation commission, for the purpose of aiding and securing the establishment of permanent water reservoirs, as herein or hereafter prescribed by law. Whenever any person, association, or corporation shall have obtained the right to appropriate and acquire the lawful use and ownership of water sufficient for the permanent cultivation and irrigation, by means of reservoirs, of lands belonging to this Territory which may have been selected for the establishment of permanent water reservoirs for irrigating purposes under the act of Congress aforesaid, and shall satisfy the irrigation commission of their good faith and ability to so construct the same if aided and assisted by a contract for the sale of a portion of said lands so belonging to said Territory for said purpose, then it shall be lawful for the commissioner of public lands, with the approval of said irrigation commission, to contract with such person, association, or corporation that in the event of the construction of such reservoir or reservoirs, whereby sufficient water for the permanent irrigation and cultivation of said lands shall be secured, the Territory will pay to such person, association, or corporation so constructing such reservoir or reservoirs, in aid of such construction, and after the same shall have been constructed and completed to the satisfaction of said irrigation commission, such proportion, not exceeding seventy-five per cent, as said board may deem advisable of the proceeds of leases and sales of such of said lands granted and located for reservoir purposes as may be rendered capable of permanent irrigation and cultivation by means of such construction, or which may be necessary for right of way or occupation for such reservoirs and the structures appurtenant thereto, not exceeding fifty thousand acres in all for any one irrigation enterprise and not exceeding in any case the amount of money actually expended for such construction. And upon the due completion of said construction, to be evidenced by a certificate to that effect by the irrigation commission, filed and recorded in the office of the commissioner of public lands, in such form and manner and under such regulations as may be prescribed by said commissioner of public lands, the person, association, or corporation so constructing such reservoir shall be entitled to receive from the Territorial treasurer out of the fund appertaining thereto, upon the warrant of the auditor, such agreed proportion of the proceeds of lands as aforesaid, not exceeding fifty thousand acres for any one enterprise, as in such contract provided, as and when the said proceeds may be realized. Said irrigation commission shall, at least thirty days before the meeting of the legislature, make a report to the governor embracing all available information concerning the best method of improving the Rio Grande, and increasing the surface flow of the water in the bed of the river; also concerning the subject of irrigation and water supply, the quantity of land in the Territory cultivated by means of irrigation, the extent of the present and proposed system of storage reservoirs, the conditions existing in different parts of the Territory with reference to irrigation and water rights, and such other facts as they may deem proper, together with recommendations as to needed legislation on

any of such subjects. The members of said irrigation commission shall each be entitled to a compensation of five dollars per day for each day actually necessary to perform the duties herein required, not exceeding twenty days in any one year, and their necessary expenses, as a compensation for the services herein required to be performed by them. All expenses incurred by the commission, to be certified by the secretary thereof and approved by the president, shall be paid out of the proceeds of the land leased and sold under this act which are credited to the fund for the establishment of permanent reservoirs for irrigating purposes and the improvement of the Rio Grande.

NORTH DAKOTA.

The amount of vacant public land in North Dakota June 30, 1901, is shown by the table below. A summary of the conditions by States on June 30, 1902, taken from the report of the Commissioner of the General Land Office, will be found on page 19.

Unappropriated, reserved, and appropriated lands in North Dakota on June 30, 1901.