Arizona republican., 1905-06-18
PHoENx. ARIZONA, JUNE 1s, 1905.
A Decision of Great Importance to
 the Valley.

Probably few people in the Salt Riv- importance of the decision rendered few days ago by Judge Kent in the condemnation suit brought by the Ap- propriators' Canal company against the Arizona Water company. In grant ing to the Appropriators' Canal com pany a right of we-' across land held by the corporation which controls the system or canals on the north side of the river and into one of the very canals operated by that company, the decision establishes the fact that the Arizona Water company does not enjoy a monopoly of carrying water to irrigators. Former decisions had upset the theory that the own ership of the water was lodged in the canal companies. and the decision in the condemnation suit makes entirely tenable the contention that a canal company may not have the exclusive right to carry water for the irriga- ton of a given district.
 follow a statement of the status of affairs on the north side of the Salt river are obvious-from the lay stand point, at least. If the Appropriators' canal can invade the territory of the Arizona Water company-the holding company which, as above stated, con- trols the old canal system-what is to prevent the Appropriators' company from carrying its privilege to the ut most physical limit-what is to pre- vent it, in other words, from con- structing a system of canals which will parallel the old system?
 And if this privilege exists, what becomes of the value of the property and rights heretofore enjoyed by the Arizona Water company: That such value has been greatly lessened Is the natural conclusion.
 The important bearing of this in- quiry is found in the fact that ulti- mately the ranch owners who have subscribed for the construction of the reservoir propose to own a system of canals as we'll as the reservoir. The new state of affairs would seem to give the ranchers a decided advantage in negotiating with the Arizona Water company for the requirement. of Its holdings. To put it bluntly. the way seems clear for the ranchers to con- struct a new system of canals in the event that they cannot reach satisfac- tory terms with the owners of the old canal system.
 Almost instantly, a condition arose which called for a court decision, and that decision, to all appearances, makes entirely simple a situation which had been complex. What the court might have held in the condem- nation suit under normal conditions is not for laymen to guess. But an ex- traordinary state of affairs existed.
 Owing to the washing out of the Arizona Water company's dam across the river. the vast area of irrigated land on the north side had been large ly without water for two months. Enormous losses were being sustain ed on account of the lack of water in the canals, although a huge vol ume Of water was daily going to waste in the river. It may be that the Ari- zona Water company was ordinarily diligent in the work of repairing the dam and in repairing the headgates on the river, but the fact remained that precious time had been lost. The Appropriators' canal had meanwhile taken out a large volume of water from the river. and was being constructed in haste toward the parched ranches. In order to reach the ranches 1t was necessary for the new canal to cross land held by the Arizona Water com pany. That company resisted the con demnation proceedings. and lost. Had the court decided otherwise not only the ranch owners, but the general public. would have been the sufferers.