Arizona republican., 1907-09-05

of the rule of compelling the division of the water into amounts too small for profitable use.
 It is the blindest sort of folly to treat the fluctuations of the flow of a river which could be foreseen by the most casual observer. and which had forced themselves upon the attention of every water user in the valley, as an unusual condition, and one warranting the practice of depriving those justly and legally entitled to it of a part of theiI water, and thereby render farming a losing and not a profitable business This particular practice was encour- aged by the mere existence of com peting canal systems.
 The only safe rule is to recognize nc rights to the use of water beyond those which the source can regularly, and under ordinary conditions, be safely re- lied upon to supply; and this rule should be not of yearly but of daily duplication, or of application just as the needs of irrigation demand it: and in determining who shall have the supply, regard should be had for the order in which the rights to the use of water became vested. Any other rule is sure to bring disaster and make of irrigation the delusion and snare it has often proven to be.
 The farmers of the Salt River val ley realized these conditions and these necessities. and resolved to guard against their continued prevalence. AS have said before an estimate-purely ! tax. .tat AA For purpose of fixing some number certain to be not less than might be ultimately ascertained definitely that 250,Oe0 acres could be irrigated after the completion of the government project. by utilizing all sources of supply: the number of shares of capital stock was according ly fixed at that number; provision was made that when 1t should be finally determined what the number of acres could be supplied from all sources, the number of shares should, in the event of oversubscription, be reduced to that number.
 In subsequent contract be- tween the government and the association, |. it is provided that the aggregate amount of water rights to be issued by the government (under the projecD shall in no event exceed the number of acres of land capable of irrigation by the total amour of water available for the pur- pose s'"That the secretary of the interior shall determine that num- Der. the determination to be made upon due and expert consideration of all available data, and to be based upon I ,1I t.a A ficial use of water"
 ADMINISTRATIONS;
 It was also provided in the articles of association that the management of its affairs should be lodged in central- | ized agencies of. the whole associat tion. | This puts the whole administration of the water of. the valley (except the negligible amount which will go to water users not members of the asso- ciation) in one central organization. This was not accomplished without eff fort. however: and the evidence of the struggle between the advocates of what was denominated central contror and local control" is found in the ninth article of the articles of incorporation of the association.
 To more effectually obliterate the old distinctions between, and the inde- pendence of. the old canal systems for administrative purposes, the entire dis ltrict to be irrigated was divided into ten as nearly equal districts as prac- ticable. purposely ignoring in the di- vision the old systems. so that parts of one or more old systems are includ- ed in each of the subordinate districts. s-l- Ezr xl seems to contemplate, as 1t provides for. canal divisions: that is, species of local control I have no doubt that any such division will be found unde- sirable from every point of view and in any event. if the divisions were estab- lished their powers would be so subor- | dinated to the central control as to practically leave the management with the association in its aggregate ca. pacity.
 The necessary revenue of the asso- citation for every purpose is to be de- rived by annual assessments against the stockholders. which assessments are made a lien on the lands to which the shares are appurtenant The amount of the levies is expressly lim- ited to the needs of the association. and all made upon published estimates preliminary to the making of the levy and made subject to examination and objection by the shareholders.
 There is a limitation of $50, ,00O. .0( placed upon making expenditures be- yond the estimated cost of mainten- ance and operation except with the consent of three-fourths of the share holders to be obtained at an election to be held for that purpose. The or dinary cost of maintenance and op- eration is to be levied equally acre per acre: the cost of general improve ments or betterments is to be levied against all the shareholders: the cost of works of special benefit to a part only of the shareholders is to be as- sessed specifically against those share holders only. What may be determin- ed to be of special benefit only. and not general. Is a very interesting ques- tion, but one the answer to which will have to be made as the occasion de- mands. This hardly seems to be the time to discuss 1t. It may be suggest ed however, that the construction of a new ditch, the improvement of an old one. even though they may serve only a limited number of shareholders. may of a much greater general benefit than