Arizona republican., 1902-09-07

relative rights to divert and carry water. All these questions are prelimi- nary to and are independent of any consideration of the administration of stored water, and are questions in the determination of which the government probably cannot, and certainly will not, engage. They must be settled before we can go to the government at all. II may be taken for granted that the Hansbrough- Newlands act will be construed to authorize the construction of reservoirs for the storage of water for the irrigation of lands now in pri- vate ownership, for which there is only a partial and hence an inadequate supply, as are most of those to be benefited by the proposed Tonto reser- voir. This construction seems easily warranted, and is in entire consonance with the purposes of the act.
 The act also contemplates the organ iza ton of the owners of the lands irri- gated by the reservoir or other works into an association for the management. and operation of the works. It is true that this management and operation will not, under the terms of the act, vest in such association until the major part of the cost of the works shall have l
 The cost of the reservoir at Tonto Cor practically all of it) will have to be assessed against those who are now the owners of land that is now in pri- vate ownership, at rate fixed by the government. per acre. This assessment will be divided into annual payments extending over a period of not more than ten years, and beginning at time fo ha iva hv ha a rv of na In terior, probably beginning when the reservoir is ready for service.
 The act suggests that the govern ment will provide its own means for enforcing the payments of these as- sessments, except possibly, and perhaps preferably, if the plan hereafter pro- posed shall be approved by the secre
 tary of the interior, and the association selected as the medium of the collection of these payments to the government.
 Now, if a plan can be devised where by: First, All disputes among the variant interests beneficially concerned in the storage proposition so finally and definitely settled that the government has no concern in that respect, and Second, That enough of the owners in number and extent of land now in private ownership (and homesteaders under the act) shall initiate rights to the use of the stored water in the man. ner outlined in the act to warrant the government in the belief that sufficient money vii; by that means ultimately be repaid to reimburse it for its ex- penditure in the construction of the reservoir; then we have brought our selves within the purpose, reason and object of the act and subjected our selves to it's conditions and have req son to believe that our application will be favorably entertained by the secre- tary of the interior.
 Now, to accomplish these things it iS proposed: First. To at once organize the association of water users contem- plated by the act itself.
 | They should incorporate under the laws or the Territory of Arizona. Those. and those only, who have initiated rights. or may initiate rights to the use of water from the reservoir, should be- come constituent members. The act defines those to pe homesteaders, or owners of lands now in private owner ship who initiate rights to stored water, under the provisions of that act. The capital stock should be a sum equal to the estimated cost of the reser- voir and other works undertaken by the government and divided into d number of shares equal, at a conserve
 tive estimate, to the number of acres . that may be so supplied with stored or other water. The division of the entire fixed capital by the number of shares, so ascertained, will of course
 fix the par value per share of the stock.
 As the proposed stockholders cannot now initiate their water rights under , the reservoir, and cannot do so until
 the government should offer them for
 acquisition, the subscription for the
 stock should be for a cash payment
 for it a par, with a provision in the
 articles of incorporation. made ire vocable except upon proper consent of
 say three-fourhts of the stockholders
 Gin value), that the stock of any sub . scriber shall be deemed fully paid up,
 upon the production by him of proper , evidence, that he has initiated a right under the reservoir, conditioned for | forfeiture, for his failure to comply , with his engagement with the govern ment, or with the association as the , agent of the government for that pur-
 pose in like manner and under the same circumstances as imposed by the government, and that until that time the subscribers or the capital SUD- ? scribed for shall not be subject to be
 called upon for payment of their sub- scriptions.
 In no event does the proposed corpo- ration deal with the government in it's
 corporate capacity, in initiating or per- ? fecting any individual right; all those 3 negotiations are by the individual with 5 the secretary of the interior, precisely 5 as though there were no such corpora 2 tion, or if there were one, he was not
 a member of it. (Since writing this t Judge Maxwell, in his address to the . people here, on the 9th of August, sug- $ gested that the government would l probably prefer to deal with the asso- 3 citation rather than with individuals 2 who seek to acquire rights under tho r reservoir. If so, that would simplify matters and the association could be- l come practically the agency of the gov i ernment in that respect)
 r The initiation of the acquisition ot the right and its final perfection arc Q mere qualifications to membership ol