The Grit-advocate., 1906-07-13

adopted. In some instances land own
ers desiring to construct reservoirs.
particularly In northern Colorado,
where the greatest irrigation develop
ment has been made, have organized
themselves into mutual or cooperative
companies, and have either raised the
necessary funds for building reser-
voirs by assessing their stockholders.
or by selling bonds: but the most pop
ular plan of financing and building res
ervoirs, where the expense is large
and large numbers of people are to be
benefited. Is the one known as the ir-
rigatiOn district plan. This idea orig
mated in California, under what IL
generally known as the Wright Irri-
cation Law" which has become the
model for other states in enacting sim
liar statutes, and particularly Idaho
and Colorado.
Some of the chief benefits to be de.
rived from the irrigation district plan
are: (a) 1t will enable the farmers
constructing reservoirs to obtain
enough capital to construct irrigation
plants of sufficient capacity to supply
water for all the users thereof under
such system, and while the expense OF
building the plant will be large as
whole, it will be much less in proper
tiOn to the number of acres benefited
than for each farmer or set of farmers
to construct independent Or separate
plants: tb) when constructed, the ex-
pense for maintenance and operation,
as a whole, as | have heretofore sug-
gested, will be much less per acre or
per capita, than under smaller and in
dependent systems: tc) IT will place
the farmers upon an even or equitable
basis of expense and will bring about
the greatest good to the greatest num-
Der: (d) it will establish more or
derly and equitable plan for the dis
tribution of water to the persons en-
titled to its use; (e) it will bring
about a more economical use of water
and will therefore enable the owners
to realize increased results. both as
to extending the area of irrigable
lands and the production of better
crops upon the lands already under
irrigation.
'In this state several irrigation dis
tricts have already been created.
Bonds have been issued and large res
ervoirs have been constructed. by
means of which extensive tracts of
land are now being converted into pro.
ductive farms. Other districts are be.
ing formed and their bonds will soon
be offered to the investor. Most OF
the irrigation district bonds have thus
far been placed in the East. but il
seems that our own investors ought to
be willing to purchase these sccuri-
ties.
The California or Wright irriga.
To- hNr fo hoe
been tested from almost every stand
point, and has been upheld repeatedly
by the supreme court of California.
The supreme court of Idaho has re.
Gently upheld the constitutionality of
4 similar law, passed in that state, and
the constitution of Idaho is very sim
liar in its terms to that of Colorado.
1.-The Colorado irrigation district act
differs from the acts of other states
having similar laws in some few par
ticulars. The California and Idaho laws
provide different method from that
contained in the Colorado law, for the
levy of the tax for the payment of the
principal and interest of such bonds
My understanding of the California
law is that the property subject to the
payment of the bonds is assessed at its
actual cash value, and that the Idaho
law provides for the directors to de-
termine the cost of the works neces
sary for the irrigation of the lands Of
the district, and the board shall then
examine critically each tract or sub
division of land with view of deter
mining the benefits which will accrue
thereto from the construction or pur-
chase of irrigation works and the cost
of such works will be apportioned or
distributed over such tracts or subdi
visions of land in proportion to the
benefits accruing thereto, and the
amount so apportoned shall be and
remain the basis for fixing the annual
assessment levied against such prop
erty in carrying out the purposes of
the act.
"Under the Colorado law the method
of assessing the property is unique. i'll
this, that it provides that all lands
within the district for the purposes OF
taxation under this act shall be valued
by the assessor at the same rate per
acre, provided that in no case shall
any land be taxed for irrigation pur-
poses under this act which from any
natural cause cannot be irrigated, or Is
incapable of cultivation
"Section 90 of the act declares the
tax so levied to be special tax. and
therefore not controlled by the same
rules governing the assessment and
levy of general taxes. The fear enter
tained at one time that this method of
asse ssing the taxes for such district
purposes was unconstitutional, has
largely disappeared, and when the
question is properly submitted to our
courts the act. in my judgment, will be
upheld in this respect.
"The investor in this class of security
should not only inquire into the regu-
larity of all the proceedings leading up
to the issuance of the bonds. before in
vesting therein, but his inquiry shold
should not only inquire into the regu-
larity of all the proceedings leading up
to the issuance of the bonds. before in
yesting therein, but his inquiry should
be extended to thorough invest ga
ton of the physical conditions OF the
entire enterprise. particularly as to the
supply of water for the system of the
district under investigation. the char
acter of the lands. and also of the plant
proposed to be constructed. or, If COM
ple,ed, as to the manner in which it
has been done. because all Of these
matters would become material.
"To sum the whole matter up. be.
lieve that if the food waters now run
ming to waste are properly conserved
in storage reservoirs at least l.00O,0a0
acres of land can be reclaimed in ad-
dition to the 100000 acres already