Arizona republican., 1902-09-07

whether expressed by them jointly through their association or by them Individually.
 In practice the government would not only prefer, but it seems would have to have the joint expression of the right owners as to the distribution of the stored water. Of course always within the rules and regulations ere ating and defining those rights. Neither the association, nor could the individ- uals composing it, prescribe rules and regulations inconsistent with those pre- seribed by the act, or by the secretary of the interior by virtue of the act. The rules of the association, then. rel ative to the administration being neces- sarily identical with those adopted by the government, the purpose of the or ganizati tion is to that extent accom- plished. even though management and oueration of the reservoir and other works for its accomplishment are tenn porarily with the government.
 There is neither proposed a partner ship of government and association, nor can there be interference by the association, either with tile purpose of the government or it's methods for Its DUH are seeking to accomplish a common pur- pose. with the association always sub ordinate to the government, until by lapse of time and happening of events, the management and operation of the works by the terms of the law, vests in the association.
 Now it may happen that some may subscribe to these articles of incorpora- tion who may never qualify by becom- ing the initiators of rights under the reservoir, either because they do not apply to become so or because there may not be enough rights to be had. To meet this condition a provision should be made that a reasonable time shall be limited after which applica- tions can be made for such rights within which application shall be made therefor, failing which the subscribers shall become disqualified, shall be re- leased from his cash subscription, and lose his rights as a stockholder. Incident to the power to manage and | operate the work constructed by the government as provided in section 6 of the act, are naturally the power to acquire the means of distribution of the water stored and developed, as waterways. pipe lines, fumes. gates, dams, etc, and to acquire or use agencies for that purpose, and to nan | age and control any of these, accord ing to the rules prescribed by the gov 1 ernment as to the stored water, pend ing the vesting of that management and operation in the association, and independent of that, but of course never | inconsistently, the distribution of other | than stored water, as long and in so | far as a distinction can be and is de- | sired to be preserved between stored twater, and that normally flowing in the rivers. Those powers should be care | fully defined and stated in the articles of incorpora ton and, yet made com prehensive enough to meet any condi- l tions existent or that can be antici- pated.
 There are now waterways and other means of distribution in the valley more or less adapted to the needs of distribution of stored as we'll as other water. Provision should be made for the use of these means, or such of them as may be expedient and as well, if after careful consideration it be demed best, the acquisition of new and other means. It seems almost too flat a 1 truism to say mat the government will not undertake to store water, if there are no means provided for its distribu- ton to the users-and those means must be adapted to that purpose. It | is true that the act may be construed l to authorize the secretary of the in- | terior to construct or otherwise acquire means of distribution of the stored water, but it seems unreasonable to expect it, under the conditions preva- lent in this valley.
 As the means for the distribution of stored water is so necessary an adjunct to the storage works, the government will naturally and logically require that the means of distribution shall be CO., extensive with the storage works them selves-shall be entirely adequate to the service and subject irrevocably to all the rules making of practical use to accomplish the purpose of the con- struction of the storage works, the water so stored.
 The owners of the present canals have certain rights, property rights that cannot be divested without their consent or by the exercise of its power of eminent domain.
 It is extremely desirable that the means of distribution of all water stored and other, shall be under the immediate and exclusive management and control of the water users. Sev- eral plans suggest themselves for the accomplishment of this desideratum.
 If the canal companies, the owners oi most of the canals, should preserve their autonomy and the ultimate title to their property then a perpetual con.
 tract could be entered into betweer them individually with the association of water users, whereby:
 First. The property is perpetuallN
 leased to the association for an agreed reserved rental payable annually ol
 otherwise, with right to the associa
 tion to purchase, or
 Second. Whereby the canal company shall undertake to carry and distribut, stored and other water to it's customer: at a reasonable cost to be agreed upoI
 between the company and its custom
 CTS, subject, however, to the rules O
 the government as prescribed by it fo
 the distribution of stored water. and t.
 the rules prescribed by the association for the distribution of both stored anC other water not inconsistent with thos,