Arizona republican., 1902-07-20

rights will sooner or later be adjudi-
Gated. But in no sense will this adju-
dication apply to the stored waters of
the river. Any ranch owner, to avail
himself of the water from the reser-
voir. will have to obligate himself to
pay for it, be his rights to the normal
flow of early or late requirement.
AS Judge Kibbey pertinently said in
his remarks yesterday of which re-
marks several farmers expressed their
approval: There are just two condi-
lions under which the priority right
question has no bearing; one is when
there is no water for anybody. and the
other is when there is plenty of water
for ALL" Under existing conditions the
theoretical equities of the first settlers
comprise very shadowy asset-the
oldest ranch suffers for water nearly
as much as the newer farms, and until
there is a reservoir there can be no
hope of any substantial Improvement
No court of equity, however sympa-
thetic with the first settlers by reason
of their loss of water through ill-ad-
vised diversion of the supply to new
lands through newer canals, will go
so far as to say that these later set
tiers who have come here and invested
their all in good faith shall have their
property confiscated. This is the COM
mon sense view to which the whole val
ley will have to subscribe sooner or
later.
In nutshell, if the secretary of the
interior is favorable to taking up the
Tonic basin enterprise, it will undoubt-
eddy be necessary for every water con-
sumner to contract for water rights
under the reservoir. To except those
who originally had an abundant sup
ply for their ranches would defeat thu
whole project. In other. words, 1t will
require unanimous action on the part
of the ranch owners to hiring the total
purchases of water rights up to fig
ure which will assure the government
that it's appropriation will be returned
to the treasury by the end of the ten
year period fixed by the law for the
maturity of the contracts.
Practically, therefore, if it be ascer-
vorably disposed toward the project, it
will be necessary for all the ranch own
ers. without discrimination, to put their
names to contracts for water rights.
And. as Judge Stillwel fatty told the
meeting yesterday. the situation vii!
have to be faced boldly and without
shrinking.
For those ranch owners who were
formerly prosperous under full supply
of water. and many of whom have been
reduced to poverty because the wate1;
which rightfully belonged to them was
diverted by spectators through new
canals to other lands, The Republican
has unbounded sympathy. But we have
equal sympathy for the later settlers
who were led to believe that there was
adequate water for their lands also
and we sympa thize no less with the
people of Phoenix whose business in
terests suffer from the present evil of
water shortage. And if it seems hard
ship to the priority right" ranchmen
that they should be required to bear
their proportion of the cost of the reser-
voir, whether constructed by the gov
eminent, the county, or private capt.
first charge of powder exploded in con-
struction of the Tonic dam will in
of land in the Salt River valley Every
property holder will have an opportun-
ity to dispose of his holdings at good
figures, if he wishes to sell-but as
matter of fact everybody, old settler
and new, will wish to remain and share
in the wonderful prosperity which will
follow the storage of the waters of the
Salt river.
And if there are evils in the exist
ing law covering the distribution of
water, the people should remember that
they have their remedy at hand in the
legislature elected by themselves.