Arizona republican., 1906-11-06

which has been begun to obtain an adjudication of the claims of the water users to water taken from the Salt and Verde rivers, for irrigation purposes, has the endorsement of. and is requir- ed by, this department The impress sion and understanding is justified only in part. It is absolutely necessary that these rights be adjusted with as little delay as may be. The department would, however. welcome any plan which would bring about such an ad- justment, preferring that this be ac- complished without resort to the courts, if that be possible.
 You say you have studied the uues- ton at great length and are of opinion that by proper course the law suit might be avoided and a satisfactory settlement arrived at. The matter has
 been pending for more than two years and, so far as the department is in formed, no progress has been made to- ward such a settlement. Nor do you suggest any plan to reach that settle ment. The department would gladly use whatever of influence it may have to secure a settlement of these claims
 by an agreement of the partners in terested, thus Obviating the necessity
 of prosecution of the proceedings al-
 ready begun, but there can be no ground for offering suggestions in the matter unless, and until, some appar-
 ently feasible plan for amicable ad- justment of the claim shall be pre- sented.
 Very respectfully. (Signed) E. A. HITCHCOCK, Secretary. November 1, 196. Mir. H. I. Latham,
 A North Center street, Phoenix, Arizona.
 Dear Sir: MT. Bien and have re- ceived your letters of September p,
 transmitting copies of the letters signed by you and a number of others addressed to the secretary of the in terior. concerning the matter of the suit of Hurley vs. Abbott. The letter to the secretary was referred to the director for report which was made 1 October 5.
 I am informed by the department that copy of the directors report was sent to you with a letter from the secretary giving his views of the sit uation.
 I feel quite sure that if you and those 1 associated with you can make prog
 ress in obtaining contracts that will adjust the water rights, the depart | IltlL VIII dSSlSL as Tar as IL can.
 The desire of the department and of this office is to secure an adjustment as soon as possible which will be com plete and binding on all parties and ] by means which will be most expedi- tious.
 Very truly yours, Acting Chief Engineer.
 October 5, 1906. ! The Honorable
 The Secretary of the Interior Sir. I have the honor to acknOw- ledge the receipt by reference from ! the department, of a letter from Yer non L. Clark, H. I. Latham, and a
 number of others dated September % 1 and addressed to the secretary of the interior. The letter is referred for re- port in duplicate and return. ! The letter relates to a suit which has ] been instituted in the district court Of Maricopa county entitled Hurley vs
 Abbott. which has for it's purpose an adjudication of the rights of those who claim the use of the water of the Salt and Verde rivers.
 The writers desire to be advised by 1 the department whether or not this suit in it's present form Is absolutely i necessary or if some other plan for the { settlement of these rights can not be devised.
 ! This question has been the subject ] of much discussion ever since the be- ginning of efforts for the organiza ton
 of a water users association under the 1 Salt river project, in the summer of 1902.
 1 In section of article V of the ar ! ticles of incorporation of the Salt Riv- CT Valley Water Users association. it | n ] deliver to each shareholder the water which he had previously appropriated | for the irrigation of his lands. Tn as suming this obligation the association must necessarily have contemplated some adjustment of the rights to water which has been acquired independent ] ly of the system constructed by the ! government.
 The contract between the secretary of
 the interior and the Water Users as ] sociation which was executed on June
 9, 1904. plainly contemplates in the ] last paragraph of the preamble and sections l and 3 that there should be ] a determination of the rights of the shareholders to the use of water ac- 1 quired independently of the govern ment project.
 l Furthermore, in the letter of the de- [ partment dated February 9, 1904, ad- 1 dressed to this office, in which the form i of this agreement was considered and ! approved, the following is found: Tt is alleged that the association is l composed of owners, of sufficient land | in said district to utilize the water
 that may be stored in the proposed 1 reservoir, who have by priority of ap- propriation acquired vested rights to | the use of all the waters normally i flowing through the natural channels | of the rivers fed from substantially the l same source as the proposed reser-
 voir will be, which rights are ! recognized and protected by the 1 5th section of the act of June IT, 1902. ! Unless some agreement or understand ] ing as to the distribution of all the waters made available by means of 1 the reservoir can be arrived at so that