[Enclosure—Translation]
The Mexican Under Secretary for Foreign
Affairs (Beteta) to the American
Ambassador (Daniels)
No. 312243
Mexico, October 29, 1937.
Mr. Ambassador: I take pleasure in
referring to Your Excellency’s esteemed note 2486 of the 27th
instant regarding the interview which the representatives of the
American landowners of the Yaqui Valley had with the President of
the Republic; an interview of which they gave an account to Your
Excellency and which gave rise to certain observations contained in
the note under reference.
As regards the apparent duality in the classification of the lands to
which Your Excellency refers: that is, that they were considered
non-irrigated (de temporal) for purposes of
dotating up to eight hectares to each ejidatario, and, on the other hand, were considered as
irrigated lands for the purpose of limiting each small property to
only one hundred hectares, I beg to inform Your Excellency as
follows:
First: The owners of lands in the Yaqui Valley are not owners of the
water, and therefore the lands are, in reality, non-irrigated (de temporal) and certainly would be converted
into irrigable lands subsequent to the dotations, upon application
of the Law of Waters, which gives preferential rights to ejidos. Therefore, when the ejidatarios are granted more than four hectares such
action is within the law.
Second: As a result of the foregoing, if the owners prefer that they
be left the small property which the Agrarian Code specifies for
non-irrigated land (up to 300 hectares), this can be done—but they
will not have water rights.
Third: Believing that the above solution is not favorable to the
interests of the owners, the Government thought it proper to convert
the non-irrigated lands into irrigated lands, giving them,
accordingly, an equal right (to water) as the ejidos and making a free grant of water. Thus conditioned,
the lands are strictly irrigated lands, and therefore the small
property can consist of only one hundred hectares. Your Excellency
can see, therefore, that there has been no duality of standards,
but, on the contrary, a desire to help the affected landowners.
As regards indemnification asked by the owners for canals and other
irrigation works, it should be borne in mind that, since on the new
lands which they will receive there will also be improvements (obras) of this nature, made at the cost of
the Mexican Government, such improvements will therefore be ample
compensation for the owners in question.
The matter of water rights pertaining to the lands which are given in
exchange for the properties affected is set forth absolutely clearly
in the acuerdo issued by the President: The
Government of Mexico
[Page 626]
will
give lands which are gravity-irrigated and equivalent to the lands
affected.
The appraisal prior to dotation, desired by the American Government,
is impossible in view of the fact that the dotations will be made
next Sunday, the 31st instant. But, since the nature and condition
of the lands would not vary, the appraisal can be made immediately
following the dotations, without fear of any change due to the mere
fact that the lands have been granted in dotation. The Government
believes it has a right to command confidence, and not the belief
that, once the lands have been distributed, it will cease to meet
its obligations (cumplir sus
compromisos).
As regards the animals and tools, these will be paid for in cash at
the time they are delivered by their present owners to the ejidatarios.
Your Excellency is right in thinking that the crops obtained on these
lands which have been sown with wheat up to October 30th of this
year will belong to the present owners, and that crops sown later
than that date should be the property of the ejidatarios. This is in fact provided for in the
President’s Decree, already known to that Embassy. Nevertheless, the
owners will be indemnified for the work of preparing and irrigating
the lands. To prevent the danger of lowered production of wheat, an
effort will be made in each case to secure an arrangement between
the owners and the workers whereby the planting will not be delayed
and the owners not suffer losses.
As Your Excellency will see from the foregoing explanations, the
desire of the American Government that the owners of lands in the
Yaqui Valley should receive adequate compensation for tools and
equipment as well as for the lands affected, is met by the
provisions of the respective Presidential Acuerdo; for, as regards the lands, the owners will
receive the equivalent in other lands with water rights—lands in
reality better than those which they are losing, since at present
they have to pay for the water and in the future irrigation will be
free both for the small properties left to them and for the new
lands which are given to them for colonization purposes.
As regards equipment, tools, and animals, as well as the work done in
sowing wheat: the Government will indemnify in cash.
Accept [etc.]
