Arizona republican., 1903-03-09

department Of the Government. apply for
and in good faith comply promptly VIII
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 &c
. which said shares and rights represented
thereby are appurtenant. Upon the fail
OF any of the shares OF the capital stock
of this Association to apply for such
rights, or haoing iapphed mercer d f GGfb
comply with all rules and regulations
prescribed or that may be prescribed by
Congress or by any executive department
OF the Government relative thereto, then
he shall forfeit TO the Association such
shares of stock and all and every right in
thereto, or that might in anywise arise
or accrue from or exist by virtue OF such
subscription or ownership, or that could
by any means arise or be claimed there
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. /. Any shares of stock SO forfeited
shall at once be cancelled and shah not
again. under any circumstances, be re-
newed, revived or reissued. Other stock
in lieu thereof UP to the limit Of the total
number OF shares autn fI a oy ~, lne :s7
sued, subject to all the conditions of these
Articles and to the approval of the Sec
rotary of the Interior.
Sec. ). The ownership of each share of
stock of this Association shall carry, as
incident thereto. right to have Delivered
to the owner thereof water. by the ASSo-
citation, for the irrigation of the lands 10
which such share is appurtenant.
Sec. g. The amount Of water so to be
delivered to such owner shall be that pro-
! portionate part of ali 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
its control, management or direction, or
which may become available for distribu-
-, lot inn IFY
works built by the National Government
during any irrisating. season, as the num-
! Der of shares owned by him shall bear
! to the whole number of valid and SUB
sisting shares of the Association issued
and then outstanding, to he delivered TO
and upon said lands at such times during
such season as he may direct.
! Sec. I. And there shall also be incident
to such ownership CT such shares the
thereof, for the irrigation Of said lands.
as the Association shall from time TO
time acquire means FOR that purpose. the
water heretofore and before the share
holder or his transferee became a mem
| Der of this Association, appropriated by
the irrigation of said lands: Provided.
however, that the whole amount of water
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. shall
| contain a description of the lands to be
irrigated, and to which the aforesaid
appurtenant, and thereafter all rights.
whate 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 to said
lands, together with the said shares of
stock. and all rights and interests repre-
seRted thereby or existing or accruing by
reason thereof. unless such rights shall
become forfeited under the provisions of
= ~ so1D T117r fNf
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
abandonment shall be for the benefit OF
any person designated by such share
use, nor confer any right whatsoever
upon the holder of any grant. release.
whatever kind of such right: Provided.
however, that if for any reason it should
at any. time become impracticable 10
beneiicially 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
and attached to other lands to which
shares of stock in this Association are or
are thereby made 2ppurtenant, if petit
ton Tor leave TO make such transfer and
showing tie necessity therefor shall have
first been approved by a two-thirds vote
of the Board of Governors at = regular
meeting and ny the Secretary of the
Interior: and all the provisions and agree
mentS hereinbefoTe 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-
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 snail
he nj
certificate or other instrument not incon-
sistent with these Articles
Sec. 8. Every transfer of the title to
any lands TO which the said rights and
stock are SO appurtenant, whether by
grant or by operation of law Except
where the land may be subjected by
grant or involuntarily under any law to
an easement, the exercise of which does
not interfere with the cultivation OF the
soil by the servlent owper) shall operate.
whether Il be so expressed in the grant or
other means of transfer or not, is Il
transfer of all rights to the use of water
for the irrigation OF said lands, and all
rights arising from. or incident 10. the
ownership of SUCH stock, and as well the
stock itself, to the grantee or successor
in title of said lands: and upon preseuta-
ton to this Association of proof of any
such transfer of land, to which such
shall transfer such stock unon its books
to the successor in title to said lands.
Sec. TO- Any transfer. or attempted
transfer, of any OF the shares OF stool,
of this Association. made or suffered by
the owner thereof, unless simultaneously
a transfer of the land to which it is
appurtenant is made or suffered, shall be
of no force or effect whatsoever for any
purpose, and shall confer no rights of
any kind whatsoever en- the person or
persons to whom such transfer may have
been attempted to be made.
Sec. II. No payments for the capital
stock of this Association shall he required
except in the manner following:
Whenever it shall be announced or 9TH
erwise made known by the Government.
or any of its proper agencies, to the sub
scribers to the shares OF said capital
stock that rights may be initiated to the
use of water from any works acquired or
constructed by it for the storage or de-
velopment of water capable of being used
on the lands of the subscribers for said
shares of stock, Or in the acquisition or
construction of which works the Govern
ment shall have aided, then the said sub
scriberS shall, under the rules and regu-
lationS prescribed by the Government
therefor, within reasonable time. apply
to the proper agency for such rights at
the rate of one acre for each share OF
stock so subscribed for. and upon proper
proof to this Association that such rights
have been allotted to the subscriber and
that he has complied with the Govern
Tnent rules and regulations up to that
time. SO as to entitle him to complete his
ultimate acquisition thereof. then such
subscriber shall be deemed to have paid
| on his subscription of said stock the