Arizona republican., 1903-03-08

department of the Government, apply for.
and in good faith comply promptly with
the acquisition of, a right to the use
of water from any source of supply
provided by the Government, or in the
provision OF which the Government has
aided, for the irrigation of the lands 10
which said shares and rights represented
thereby are appurtenant, Upon the fail
ure of the subscriber. or holder otherwise.
OF any, OF the shares of the capital stock
of this Association to apply for such
rights, or, having applied therefor, upon
| comply with all rules and regulations
prescribed or that may be prescribed by
Consress or by any executive department
| he shall forfeit to the Association such
shares Of stock and all and every right in
anywise heretofore or then incident
OF accrue from or exist by virtue of such
subscription CT ownership, or that could
from. and such person. his heirs and as
signs. shall thereafter have no right
whatsoever as q member OF this Associa-
ton by virtue thereof.
Sec. 4. Any shares of stock SO forfeited
shall at once be cancelled and shall not
again. under any circumstances, be re-
i'll lieu thereof up TO the limit of the total
number of shares authorized by these
sued, subject to all the conditions of these
Articles and to the approval of the Sec
rotary of the Interior.
! Sec 5. The ownership of each share of
stock of this Association shall carry. as
| incident thereto. q right to have delivered
to the owner thereof water, by the Asso-
which such share is appurtenant.
| Sec C. The amount CT water so to be
delivered to such owner shall be that pro-
portionate part of all stored and devel-
oped water. the storage or development
of which is or may be effected by this
Association, or by means of works under
| direction
which may become available for distribu-
ton by this Association from irrigation
works built by the National Government,
during any irrigating season, as the num-
! Der of shares owned by him shall bear
to the whole number of valid and SUD
sisting shares of the Association issued
and then outstanding, to be delivered TO
and upon said lands at such times during
such season as he may direct.
to such ownership CT such shares the
right to have delivered to the owner
Sa 1er the iga9n f Of Saiq tia, land IS
time acquire means for that purpose. the
water heretofore and before the share
holder OF his transferee became a mem
him or by his predecessors in interest. for
the irrigation of said lands: Provided.
actually delivered from all sources shall
not exceed the amount necessary for the
proper cultivation of said lands.
Sec s. The records of the Association
and each and every certificate or other
evidence of ownership of shares Of stock
in the Association, when issued. shalt
contain q description of the lands to be
irrigated, and to which the aforesaid
rights and shares shall be perpetually
appurtenant, and thereafter all rights,
whatever their source or whatever their
manner of acquisition. to the use OF water
! for the irrigation of said lands, shall for
ever be inseparably appurtenant 10 said
lands, together with the said shares of
stock, and all rights and interests repre-
sented thereby. or existing or accruing by
reason thereof. unless such rights shall
| become forfeited under the provisions of
these Articles of Incorporation, or OF
bylaws adopted in pursuance thereof.
or by operation of law. or by the volun-
tary abandonment thereof by deed. grant
or other instrument. or by non-user for
the term prescribed by law: but no such
any. person designated by such share
holder, directly or indirectly, or to his
use. nor confer any right whatsoever
upon the holder of any grant release.
waiver. or declaration of abandonment of
whatever kind of such right: Provided.
however. that if for any reason it should
at any time become lnpracticabl bic to
beneficiallY use water for the irrigation
of the land to which the right to the use
Of the same is appurtenant on the said
land, the said right may be severed from
said land and simultaneously transferred
and attached to other lands to which
shares of stock in this Association are or
are thereby made appurtenant, if n petit
ton for leave to make such transfer and
showing the necessity therefor shall have
UfSl Deen approved DIV a tWO-tllrdS vote
of the Board of Governors at a regular
meeting and by the Secretary of the
Interior: and all the provisions and agree
ments hereinbefore in this section con-
tanned shall be set forth in the aforesaid
certificate or other evidence of the own
ership of shares of stock in the Associa-
ton, and such certificate or other inStru-
ment shall be signed. executed and ac-
I knowledged by the President and Secre-
tary of the Association: and by the person
to whom it is issued in the manner re-
CURED by law for the execution and ac-
Acknowledgement of deeds for the convey
ance of real estate, and the Council shall
pass bylaws prescribing the form of such
certificate or other instrument not incon-
sistent with these Articles.
Sec: o.. Every transfer of the title to
any lands to which the said rights and
stock are so appurtenant, whether 10y
grant or by operation of law. (eXcepl
grant or involuutariIy under any law tc
an easement, the exercise of which does
not interfere with the cultivation OF the
whether It be SO expressed in the grant OF
other means of transfer or not, as
transfer of all rights TO the use of water
for. the irrigation of said lands. and al
rights arising from. or incident 10. tho
ownership of such stock. and as well the
stock itself, to the grantee or successor
in title of said lands: and upon preSeuta.
ticn to this Association of proof of any
SUCH transfer OF land, to which sucl
rights are appurtenant, the proper Officer
shall transfer such stock upon its book.
to the successor in title to said lands.
Sec. 10. Any transfer, or attempted
/; transfer. of any OF the shares of stool
, of this Association, made or suffered by
. the owner thereof, unless Simultaneous!
. transfer of the land to which it i,
. appurtenant is made or suffered. shall b
| OF no force or effect whatsoever for any
purpose. and shall confer no rights o
any kind whatsoever on the person o.
persons TO whom such transfer may hav,
been attempted to be made.
} Sec. II. No payments for the capita
stock of this Association shall be required
] except in the manner following:
Whenever it shall be announced or 9th
l erwise made known by the Government
or any of its proper agencies, to the sub
: Scribers to the shares of said capita
: stock that rights may be initiated to tn
| use of water from any works acquired u
constructed by it for the storage or de
velopment of water capable of being useC
on the lands of the subscribers for sal,
, shares OF stock, or in the acquisition o
z construction of which works the Govern
I ment shall have aided. then the said sub
2 ScriberS shall, under the rules and regu
| lations prescribed by the. Governmen
therefor, within a reasonable time. appl
!, to the proper agency for such rights a
the rate of one acre for each share o
stock SO subscribed for, and upon prope
/, proof to this Association that such right
have been allotted to the subscriber an
!. that he has complied with the Govern
e ment rules and regulations up to tina
! time, so as to entitle him to complete hi
< ultimate ACQUISITION thereof, then sue