| Show WATi1I DECISION Blto Aud Trelf111 Agave rull C eu Real 1 Their Own lllv > r > DCNVKlt Col July 3A special lo the nm > from Silver City N M says Judge llanlz paaael down Ibo opinion ol the court In into Hlo Uraude damage case last night lue injunction was dissolved Tile follow fair la I a aylUbus > ol the oplnlocl Tirst Under the treaties with Mexico each republic reserved all rights within lib own territorial llml This would have been eo upon prlnoi plea ol international without sue If leservatiou Wateia lying wholly whol-ly within the United State belong exclusively to It and Iho boll Within the Uullud Blates not burdened with servitude In favor 01 Mexico In retted In any duty to no discharge the water aa to promote or preserve the navigability ol Iho Rio Urande Beoond It la I not Ibe capacity of a stream to fluat a loe or a row boat waters renders till navigable river within the act ef Cougreli 1S9J 1692 but whether al 1 regular retinue ol eufllcleut duration and in its regular regu-lar condition lla capacity la ouch aa te l be susceptible ol beneficial use as a Public hlguway lor commerce The Rio Grande In New Mexlo la not a navigable river Till power to control and regulate the Ulu of waters not navigable naviga-ble exercise by states anti territories In the arid West was confirmed by Ocnutejn by Ibo a BARf IbOl and tln i power now resides wholly lu such sttas oDd Icrrliorles under the act el 1877 and sutiKQuent over iberufore luo diversion of such local waters li not In violation ot any act of Congress even though the navigable cajnony at 1 a distance below may utoine tberutay localtod |
