Arizona republican., 1909-03-28
WHAT LANDS
 HAVE WATER A Matter of Importance to
 Water Users
 DISCREPANCIES DISCOVERED Between Testimony In Pri- ority Suit and Records of Reclamation Service and Water Users Association. These May Be Adjusted.
DISCREPANCIES DISCOVERED

At the law session of the district court yesterday. Judge Kent stated that
 he would take up the Hurley-Abbctt suit on Monday, April 5. ana would at that time take such further testi- mony as might be offered supple
 nentary to the testimony already giv- en respecting the reclamation of land and the use of water thereon, and would at that time hear the argu- ments of counsel on the legal ques- tionS involved in the case.
 Judge Kent stated that he had had an examination made of the records of the Water Users association and the reclamation service, and had com pared their records with the testi- mony given respecting the lands cul- tivated on the north side of the river; that while in the great majority of instances the records of the Water Users association and the reclama- ton service conformed to the testi- mony given in this suit with respect to the lands now in cultivation, and with respect to land formerly in cul- tivation but not now in cultivation, yet in many instances there were discrep- | showed that water was now being de- livered to land to which no testimony had been given in the trial of this case, showing that such land was en- titled to water. and in other in stances testimony had been given in the Hurley-Abbott suit showing right to water various tracts of land where no water was now furnished such land by the association or the reclamation service. The judge stated that he desired to have these dis creyancies reconciled, if possible, by further testimony to be given in the case on April ,, at which time any additional testimony as to the use of water might also be furnished.
 It is an important matter to the land owners that wherever there has been any application of water to land, the evidence thereof should be given in the Hurley-Abbott suit, since the reclamation service will be guided by the decision in the Hurley-Abbott suit when it is promulgated as to the distribution of water thereafter, and .any person who has not proved in the Hurley Abbott suit his right to the use of water will not be able to ob- tain it from the reclamation service; if such proof has not already been given it should be presented to the court on April ,. This applies not only to land to which water is now being served, but also to lands which have been irrigated in the past but which are not now obtaining regular water. since the right of any land to the use of both regular water and flood water will, after the decision of the HurIey-Abbott suit, be regulated by the findings in that case.
 A partial list of such lands where such discrepancies have been found to exist was announced by the court, and it is here given with names of persons interested so far as known This list. however, as announced by the court, is not complete and any land owner who has not already had testimony given with respect to his lands should see to it that the testi- mony is forthcoming:
 T. I N., Range 1 E.
 Sec. S-In the N. W. 40 of the N. F. l 1t. the reclamation records show land now in cultivation here; there is no testimony to substantiate this claim l (Clarence McEwen)
 Sec. 9-N F. r.. Testimony given ! in suit shows this entitled to water: | the records show the land to be des- | ert. G.incoln Fowler)
 T. 1 N.. R. 2 E.
 Sec. 3-E. F of $. w. h. Testi- nonv in suit shows it in cultivation; | records show not to have been culti- | yated for years. (J D. Marlar)
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