Arizona republican., 1907-09-05

and all payments heretofore made by him, if he be in default in making any
 two of the annual payments.
 It seldom happens, if at all, that a project Is undertaken under the act where there are not a greater or less number or persons> who have already acquired rights to the use of water and titles to land. and who may, neverthe- less, desire to avail themselves of the more reliable means of obtaining water to be afforded by the government pro- tect, and who must in any event be reckoned with in the operation of the
 government project. In manv if not
 in most, instances the number of these
 persons is so great that the undertak-
 ing of the project would be impracti- cable, if not impossible. unless, and until, some arrangement has been made b" the government with them.
 The irrigation act authorizes the acquisition by the owner of lands. un- der certain limitations. of the right to use water made available by project constructed under it's provisions upon condition that the owner, among other things. pay, as is required of the en- tryman of public lands. an equitable proportion of the cost of the construc- tion of the project.
 GOVERNMENT SECURED.
 The question of securing these pay ments at once suggests itself The lands being in private ownership, of course the security by retention of title. as in the case of public lands to which titles have been initiated, is not possible. Int mere forfeiture of prior payments is not usually deemed ade- quate security: and even if it were. it woud involve, ver.' probably, much complex. expensive and harassing pro- cedure to enforce the forfeiture-and then, in the event of forfeiture, the security for the future payments is wholly wanting.
 In most, if not all. of the projects heretofore undertaken. the proportion of lands held in private ownership is so great that without the cooperation of the owners of those lands the un- dertaking would be impracticable.
 To adequately secure to the reclama- tion fund the return of the estimated cost of the project. nothing short of a pledge of the lands so held in private ownership seems possible This pledge too, it will be readily seen, must be made before the construction of the project is begun, for it would be in eNcusable imDrudence for the govern ment to incur the expenditure first and rely for security for reimburse ment upon the subsequent voluntary action of the land owners.
 Ii Is .anssihIa bat th;s might be given by the several individ- ual owners by separate agreement with the government. Where the num- Der of owners Is small this might be practicable, but where the number is large a little consideration will discov- CT that 1t is not. One of the chief i'm ducements for land owners to pledge their lands in this manner is that il is for common purpose. and that the object is mutual and interdependent. The natural and obvious process to se- cure mutuality is by association. for by association only is this desired mu- tuality practicable.
 Hence another of the fundamental objects of water users association: that is, the assurance to the govern ment of the repayment of their propor- donate part of the cost of the irriga- ton project by the owners of the land in private ownership.
 It appears. therefore, that at least two great objects must be accomplish ed before the government can safely undertake the construction of irriga- tion works-one. the adjustment. where that may be necessary, of the water rights 10 a uniformity with those that may be acquired under a government project; and the other. that of assuring repayment to the government of that part of the cost of the project which shal! be apportioned to lands already in private ownership;-and the sim plest. most obvious and the most prac- ticable. if not the only practicable. way of accomplishing them is by asso- citation.
 THE TIME TO ORGANIZE.
 The national irrigation act provides for the organization of water users who are supplied by means of works con structed under it's provisions. It is rue that the particular function men Iioned in the act for which this organ Zation may be formed is the manage nent and administration of the irriga- ion works constructed for their use. While the exercise of that function is postponed until major part of the cost of those works shall nave been paid for by the wsiter users. hat fact cannot he construed to post Done the organization of the water Isers until that time.
 It very naturally occurs. then, that f it Is desired to associate the water isers. or those who will become so. Is a preliminary to the undertaking of project under the act. to effect. lmonS other things, the proper adjust nent of water rights as we have point 'd out, and the assurance to the gov -rHnisnt of the repayment of the cost 'f the project: and g. il is ."nten- ,lats. oy tns a"t itseIf tfEi later an .>-ocIsIIUu oi these idensicaI water isers shall have the management and operation of the irrigation works. why nay not the organization for all these purposes be effected fin the first in tance? There can be no lega Objec- ion. and many practical reasons occur O us why it should be done. lit would eem wholly unnecessary, ulreason- -ble. expensive and confusing hat two IT more associations of the saine con- tituent members should be or ganiZed o do several things. all of wh ich re- ate to the same general purpose and .l.. |