Arizona republican., 1903-06-03
NO REGULATING" RIGHTS
Some Plain Reasons Why There Can Be No Evasion of the National
 Irrigation Law.

Sir: It is a great misfortune tkat the organization of the landowners for the construction of the Salt River res ervoir should have been delayed so long. If it had not been for the per- sistent opposition of Mir. Dwight B. Heard the necessary acreage would have been subscribed to the Water Users association several weeks ago.
 If this opposition had arisen from an honest difference of opinion as to what was necessary for the protection of the government or of the landowners, no just criticism of MT. Heard could have been made, except a criticism of his been only differences of opinion, there is no doubt that the controversy would have ended when the decision of the secretary of the interior was rendered and while MT. Walcott was in Phoenix. and the landowners on both sides of the river would have immediately joined hands to carry into effect the plan for the construction of the reservoir ap- proved by the secretary of the interior.
 As it is, the opposition led by MT. Heard on the north side of the river has been gradually disintegrated, and the acreage necessary to insure the construction of the reservoir is certain to be subscribed-in fact is already subscribed
 Unfortunately, however for the landowners under the Tempe canal, they have blindly followed MT, Heard's lead. and as the result have been led into the adoption of a scheme to be pre- sented to the secretary of the interior which any sensible man must know 1t is impossible for the secretary to ap- prove or adopt
 The idea that the Uniter States gov ernment can take separate liens upon the different tracts of land of different individuals as security for their pro- portion of the cost of the reservoir, which the government would have to foreclose in court like an ordinary mortgage if not paid. Is so absurd that the mere statement of the proposition is enough to condemn it. But aside from this, there is no law of congress authorizing the creation of any such lien, or permitting the secretary of the interior to accept it, and this of itself should be enough to satisfy any reas- enable man in advance that the scheme is wholly impracticable and impossi ble. and can end only in delay and fial- ure.
 The rest of the conditions demanded by the Tempe landowners in the peti- tion adopted by them at their meeting on Saturday last are substantially the same propositions as those for which MT. Heard contended in the minority report of the Water Storage committee, which he printed in pamphlet form for circulation when MT. Walcott, the di- rector of the United States geological survey, was in the Salt River valley last March.
 The petition of the Tempe landowners contains one demand however. which was not embodied in the so-called mi nority report, but was contended for { In the communication signed by MT. Heard and published by him in the pamphlet which he issued in March, containing also the minority report and his personal explanation of the points involved.
 The contention referred to in the Tempe petition Is expressed in that document as follows:
 That the distribution of said natural appropriated flow of water to which our present vested rights entitle us shall be regulated through the use Of the reservoir. thus greatly increasing the duty of and the beneficial use of such reserVior."
 The assumption that such q regula- ton of present vested rights would the beneficial use of such reservir. is ar assumption entorely without fOunda- ton in fact, but this Is not the poin; now under consideration.
 The point is that 1t must be manifest to the most casual observer who is fa- mlllar Wltn the existing conditions that 1t is this contention for r.gulat- ing right in the reservoir which is Th; motive for Mir Heard's persistent and irreconciliable opposition to the p;an oi organization approved by the secretary of the interior.
 It Is we'll known that MT. hearG'E
 chief interest in the Salt River valley , is in the great ranch of 7,O00 acres or the south side of the Salt River which 7 gets all its water for irrigation through .c Tempe canal.
 In the printed pamphlet above re fe! red to. in a communication signed , printed and circulated by hlm. MT
 Heard said:
 Under the Hansborough- Newiandt
 law the Bartlett Heard Land & Cattl'
 land watered by the San Francisco
 canal, could not obtain reservoir right