This protest was referred to me by the Secretary of State, who asked my opinion. I reported that in my opinion that it would be unsafe to rely on a sufficient flow to restore to Mexico the water to which she claimed prior right unless the Elephant Butte corporation could be restrained from the use of such water. Suit was instituted by the Attorney General to enjoin the company. So began a contest which lasted for many years, going three times to the Supreme Court of the United States, before the Elephant Butte Company was permanently enjoined from constructing their dam. These complications delayed both projects for several years. A protocol, dated May 6, 1896, between the Secretary of State, Richard Olney, and Ambassador Romero, directed F. Javier Osorno and myself, Boundary Commissioners for Mexico and the United States, to continue the investigation and report on the following matters: First, the amount of Rio Grande water taken by the irrigation canals constructed in the United States. Second, the average amount of water in the river, year by year, before and since the construction of the irrigation canals. Third, the most feasible method of so regulating the river as to secure to each country and its inhabitants their legal and equitable rights and interests in said water. Captain George McC. Derby, U. S. Engineers, was ordered to report to me, and Señor Don J. Ramon de Ibarrola, engineer on the part of Mexico, was ordered to report to Mr. Osorno. The Commission worked diligently on this investigation until November 25, 1896, when it reported its opinion that the most feasible means of attaining the ends desired was to construct the dam and reservoir projected by Mr. Follett and myself under the investigations made by the Geological Survey, provided Mexico could be protected in some way which would prevent the taking from the Rio Grande by dams and water storage of water to which she had prior right. I was authorized by the Secretary of State to formulate with Ambassador Romero a draft of a treaty to that effect, which we accomplished, submitting copies to the Secretaries of State of both nations.