A private dam project backed by British investors was in the works in 1894 just upstream from the dam site and also by the U.S. Department of the Interior. It was eventually blocked by the U.S. Secretary of State "on basis of a technicality that the Rio Grande was arguably a navigable river and permission from the War Department was also needed." Although delayed by legal issues, the injunction against building the dam was lifted in 1897. However, the project failed to proceed, and the investors lost their rights to build the private dam in 1903.