Arizona republican., 1903-03-13


 ] all such rules and regulations for the acquisition of. right to the use of water from any t source or supply pr. | provision of which the Government has aided. for the irrigation of the lands to | which said shares and rights represented 1 thereby are appurtenant. Upon the iail- ure of the subscriber. or holder otherwise. | of any of the shares of the capital stock rights. or. having applied therefor. upon | failure to promptly and in good faith comply with all rules and regulations 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 anywise heretofore or then incident thereto. or that might in anywise arisc 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 member of this ASsocil- tlon by virtue thereof.
 Sec. I. Any shares of stock so forfeited shall at once be cancelled and shall not again. under any circumstances, be re- newed, revived, or reissued. Other stock in lieu thereof up to the limit of the total number or shares authorized by these sued, subject to all the conditions of these Articles and to the approval of the Sec retary of the Interior
 Sec. ,. 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- citation, for the irrigation of the lands to which such share is appurtenant.
 Sec. 6. The amount of water so to be delivered to such owner shall be that pro portionate part of all stored ana t',lt uexei, Oped water. the storage or deveiopment of which is or may be effected py this Association, or by means of works under it's control management or direction. or which may become available for distribu- ton by this Association from irrigation works built by the National Government, during any irrigating season. as the nun 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 be delivered to and upon said lands at such times during such season as he may direct.
 Sec T. And there shall also be incident to such ownership of such shares the right to have delivered to the owner thereof, for the irrigation of said lands. as the Association shall from time to time acquire means for that purpose. the wuter heretofore and before the share holder or his transferee became a mem Der of this Association, appropriated by him or by his predecessors in interest. for 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. g.. The. records of the Association 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 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 to said lands. together with the said shares of sented thereby or existing or accruinE by reason thereof. unless such rights shall become forfeited under the provisions of
 
 bylaws adopted i1 pursuance thereof or by operation of law. or by the volun- tary abandonment thereof by deed. grant or other instrument. or by nor-user for the term prescribed by law: but no such abandonment shall be for the henefit of 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: whatever kind of such right: Provided. however. that if for any reason it should at any time become tmpractlca Die fo of the land to which the right to the use of the same is appurtenant on the said land. the said right may he severed from said land and simultaneously transferred and attached to other lands to which shares of stock in this Association are or ; ton for leave to make such transfer and showing tfe necessity therefor shall have first been approved by two-thirds vote of the Board of Governors at T regular meeting and hy the Secretary of the Interior: and ali rhe provisions and agree ments herenbefore in this section con tained shall be set forth in the aforesaid certificate CT other evidence of the own- ership Of shares of stock in the Asso ia ton, and such certificate or other inS:ru- ment shall be signed. executed ard ac- knOwieGgeI hy the President and Secre- tary of the Association. and by the person to whom it is issued in the manner re- quired hy law for the execution and ac- knoWled-ment of deeds for the convey ance of real estate. and the Council shall pass bylaws prescribing the form of slch certificate or other instrument rot incon- i sistent with these Articles
 See. Q 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 1 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 servient owner, shall operate. whether 1t be so expressed in the grant or other means of transfer or not. a transfer of all rights to the Use of water , for the irrigation of said lands. and all ownership of such stock. and as well the stock itself. to tho grantee or successor i'll title of said lands: and upon presenta- ton to this Association of proof Of any rights are appurtenant. the proper officer shall transfer such stock upon its books to the successor in title to said lands. Sec 10. Any transfer, or attempted transfer, of any of the shares of stock of this Association. made or suffered bS the owner thereof. unless simultaneously ! a transfer of the land to which it i: aprurtenant is made or suffered, shall ht
 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 require, except in the manner following:
 Whenever it shall be announced or oth erwise made known by the Government
 or any of it's proper agencies. to the sub
 scribers tc the shares of said capita
 stock that rights may be initiated to tn use of water from any works acquired Q constructed by it for the storage or de
 Velopment of water capable of being use
 On the lands of the subscribers for Sa
 shares of stock. or in the acquisition O
 construction Of which works the Govern
 ment shall have aided. then the said sul !. scribers shall. under the rules and reSu : lations prescribed by the Governmen therefor. within q reasonable time. appl
 to the proper agency for such rights a the rate of one acre for each share c stock so subscribed for. and upon prone . proof to this Association that such right have been allotted to the subscriber an that he has compiled with the Goverr [ ment rules and regulations up to tha | time. so as to entitle him to complete h s ultimate acquisition thereof. then suc subscriber shall be deemed to have pai hlG lNa-xx, .,A Asz,- isI