Carlsbad current and New Mexico sun., 1908-03-06

AhIb0h'At aNo hsC
Sirs:
! am in receipt Of yours Of January
Q presenting number Of questions for
my consideration in connection with
che opening Of the Carlsbad project,
| have DELAYED answering your letter
in detail because ! desired to get
specific information from the field
upon veral of the points raised in
your letter.
" is hardly necessary 70 discuss the
various causes of difficulty and losses
which the people of the Carlsbad pro-
ject have experienced in the past.
There seems 90 be difference Of
opinion however upon several Of the
points. One Of these seems to be
clear, namely that in number of
cases the water users have not pre-
pared. as they ahould, for the water
supply which it was evident would be-
furnished at An early date. II is be.
lieved that much loss which actually
occurred could have been avoided il
proper efforts had been made 60 put
the lands IN readiness for the water
supply.
II appears that about one.half the
area Of the land under the project is
held in tracts exceeding 100 acres by
about 10 to Is owners. The remainder
is held in tracts Of 1860 acres or less 10y
more than l3I owners do not know
how many Of the latter class are or
will bc qualified to apply for water
right as residing on the land or in the
neighborhood.
l assume, however, that nearly all of
the small holders will apply for
water right and ns 10 the remainder of
.he landowner further consideration
will be given and appropriate action
will be taken
Coming now 10 the propositions at
the end of your letter have to advis.
you as follows:
First, tho public notice as issued
practically provides for the condition
which Is requested. namely that while
the first payment is due March |, 1905,
the water right application will not he
subject to forfeiture ON the ground of
failure 10 make payment until March |,
1909 and the water right applicant will
receive "a full seasons water supply
for 1908 before being under obligation
to make payment.
The order a. il now stands gives n
longer period for payment than YOU re.
quest, namely being obligatory March
!, 1909, instead of December |, 1903.
as you suggest.
In view of the fact that some water
was furnished in the season uf 1905 10
all who viii make appropriate applica.
tlon, there 10 be- no reason why the
hrst payment should not apply On the
charge FOR the season u lSs.
Second, the proposition of graduated
payments has been considered i'm con.
nectlon with numter of projects and
1t does not impress me as being advan.
tageous arrangement for the water
user IL merely postpones the trouble
t. some future time and increases the
burden of subsequent year to tighten
that of The present year without any
knowledge tina, the payment will be
easier To make in the future than in
the present.
Third. you request that the rule OF
cutting of the water from delinauents
be suspended for two years in cases
where a certain showing Is made.
This matter Ia provided by the law
which renders the water right applica.
tion subject to forfeiture upon the
failure to make two payments when
due. This condition will arise after
March /. 1909. The law brings this
condition about and I have no power
20 change il.
Fourth. the charge for operation and
has been carefully esti.
mated upon the basis Of prior expero
iencc On the project
II is not intended that there should
be any excess in the collections above
the actual cost Of operation and main.
lenance. Considering that We are put
ting into operation a system newly re.
paired we must anticipate unusual ex.
penses in operation and maintenance.
Appropriate adjustments will be made
IN future charges under this head in
'ase the amount now fixed Is found to
be IN excesa Of actual cost.
! am pleased to be able to advise you
hat the principal matter for which