Arizona republican., 1902-09-07
THE KIBBEY PLAN
Continued from Third Page.)

make his lands the most productive, is policy that leads to universal ruin. It is not intended to say that it might not be good policy in a time of unexpected and sudden but temporary shortage of water to provide for a dis tribution of water that will save per manent growths as distinguished from annual or temporary ones-but this would be simply to meet an emergency and it is not obnoxious to, but rather proves the rule stated.
 There is another consideration that is of very practical importance, and that is the question, who shall be the bene fciaries of the construction of the pro posed reservoir?
 It would seem that it would be the policy of the government to make up by means of stored water the deficient supply for those lands already imper- fectly cultivated, because of this defi- ciency.
 There is, it may safely be stated, more than 100000 acres of land in this valley to which water could be dis tributed from the proposed Tonto res ervoir, by tke existing means of dis tribution if there were sufficient sup ply of it. Some of it is absolutely un- reclaimed, some partially reclaimed and others more nearly so. but none in practice as it has lately prevailed here. completely so.
 If the reservoir is built and fulfills our expectations there will be no dis tinction in practice, in the distribution of stored water and other water, what ever it's source, by the general reservoir and canal system. All will have the benefit of the water as it did naturally, and would again if not for the reser- voir. naturally flow in the river. large but indefinite part of which never has been appropriated. If it can be ob- tained there will be applications for water for the 100000 or more acres susceptible of service. But there will not be enough. There can never be enough to meet the demand.
 Then how shall applicants be served? It is the most logical the most natural, the most just and the most practicable plan to meet the demands in the order of the existing appropriations until they are supplied, and if there be surplus then to new lands acquired by home stealing under the provisions of the Newlands law.
 Enough has been said to demonstrate the necessity of speedy and finally set tling the question of priority of rights of land owners within the territory pro- posed to be supplied by the Tonto res ervoir Two plans suggest themselves the selection of one or the other much depending upon the readiness with which the proposed beneficiaries ap- prove of either.
 One is by agreement of all the water
 fha nf of appropriat tion. the extent of the ap- propriation and the manner of use to arbitrators selected under the statute for award for with a provision that the award shall be final. without ap- neal. and that the award be made decree of court.
 The other is to institute a suit in the district court for that purpose, having all the water users parties plaintiff or defendant with the incidental right of omitted parties, to make themselves parties; then have the case submitted to a referee to report to the court his conclusions as to time and extent or the appropriation of each party, and in due course a decree of the court there on.
 Of course it must be understood that nothing can be done or attempted to regulate the course of business Of the courts by such an agreement.
 Diligent work can accomplish this In a comparatively short time and the question laid away as settled.
 It should be made a condition prece- dent to the acceptance of a subscription to the capital stock of the proposed association heretofore outlined, that the subscriber shall have agreed to submit these questions for settlement as pro- posed co that the extent and time or his appropriation shall have been de- termined by one or the other of these proceedings. After the determination of these rights the owners of them should be classified, each by the year of his appropriation.
 Then. when the government is ready to issue rights under the reservoir. preference should be given to appli- cants therefor according to the class in which their appropriations are found giving preference to the oldest thence in order of time to the newest.
 Reasonable limitations of time should be imposed within which this prefer ence should be exercised, imposing upon the delinquent the penalty of postpone ment to await his turn at the last.
 It is of course contemplated that after the plan here proposed shall be in op- eration, that there will be no pecuniary benefits accruing to the stockholders by way of profit of operation, and that when the cost of maintenance and operation shall have been provided TOT there can and will be no further charge to the water user.
 It would require others than the com pliers of this to make even an approxi- mate estimate of the cost of and main tenance and operation and the probable income from sources other than th' assessments against the stockholders.
 The association will have no interest bearing debt to be charged up agains the water users. The ccst of manage ment and administration can be re duced to the lowest possible limit bN concentration and systematiZation Taking these things into consideration it is conservative to say that the cos of water to the user ought not to ex ceed 75 cents per acre to the user pc year And this cost can be still fur