Arizona republican., 1907-09-05

MT. President and Gentlemen:-Tht use of the term Water Users Associa- ton is not of very recent origin. II itself it is descriptive, and when used in the arid regions of the west, is read lily understood to signify the assOcia- tion of the users of water from some public source of supply recognized by law as source whence water may bt appropriated by such users. for the purpose of irrigating their lands. These associations differed in the manner of their formation, in their methods of administration. and in their legal at tributes, not only as between those of the several states and territories, but in the same state or territory. These differences naturally arose from the difference in the laws of the several states relating to the organization or formation of such associations. and the difference among the laws of the vari- GUS states and territories relating to the appropriation and use of water for irrigation.
 The differences, however, in the practice and custom relating to the right of appropriation and use of wat CT was not necessarily marked by the boundaries of states and territories. for in the same state or territory-sven in the same restricted district where irrigation was practiced-it is often found that different rules are applied in determining. and for exercising the right to appropriate and use water from the public streams for irrigation.
 II might be interesting. and perhaps instructive. to note these differences in the law and practice of apprepria- tion. and discuss them. but the pur- pose and scope of this paper and its necessary limitations will preclude any other than d casual incidental allusion to them.
 Water Users Associations" as we use that term here. are those associa- tions Of the users of water for irriga- tion. the formation of which have had or may have. their origin in. or been prompted by. the provisions of the ma tional irrigation act; associations of those who bear some relation in the manner Of obtaining water for that purpose. to irrigation works construct cd. or in process of construction, under the provisions of that act.
 Whatever differences have existed or may now exist between the several communities as to the manner of the acquisition of the right to appropriate and use water. and the legal incidents To that right. whether statutory or de- rived from cusom or judicial declara ton, l assume that the rights to use water made available or administered by irrigation works constructed under th+- provisions of the national iFriga- ton act. will become by the force of he act itself uniform in their legal in cidents. and that their legal character will be that defined by the act.
 The national irrigation act, it is true, fnrbids any interference by its opera Ii"n with vested rights, and in terms leaves unaffected local laws relating To the appropriation and use of water, and it is not here intended to suggest that any water user who has vested right to appropriate and use water may be compelled against his will to either forego any legal right incident 10 that right or to assume any obliga- tion not now. and independent of the national irrigation act. imposed upon him as a part of it.
 AS TO AGREEMENT.
 
 the right of the water user who is ar nay he 8 beneficiary of its provisions me n,, uae need become such bene-- .icisry -Vcept with his own .s"ns-nr s.J tN his own agreement [" b,-.a.in. o. IHo=r that act the basis "f the IgnI Jo appropriate ana use water Is The ownership or occupancy. with an intention to acquire title to it under rhe public land laws. of land. The measure of the right-that is, the ex- tent of it-on the one hand and the unit of it on the other. is beneficial use. Two classes of lands, classifying 'nem by the nature of their ownership. nay have the benefit of the operation t the act: in one class are the public tnds. and in the other. lands in pri- ate ownership. Whatever may be the Iles in any given state or territory
 iating to the appropriation and use water for irrigation. and the legal Incidents to and attributes of the right. ne government is not authorized to ! instruct works for the supply of ir- /. gaion water to any but upon the con- 'ition that the extent of and the incl i. fents to the right shall be as defined i .I the national irrigation act.
 In those states and territories where , The rules defining the right to appro- Irlate and use water. and the incidents ? .1 it. differ from those laid down in , 'ae national irrigation act. the owner | 'r claimant of such right. before he nay become a beneficiary of the act,