Arizona republican., 1910-03-02

the flow m the riNef. The nope Of a sufficient continuous supply of water was followed by the realization of the fact of insufficient supply A financial loss was the certain result of an attempt to cultivate with in sufficient uncertain supply of water for irrigation, and one by one. the supply of water failing. to equal the necessary demand. cultivation Of these parcels cf land was discontinued. The failure of these land owners to con-
 tinue after such appropriation to make reasonably constant diversion and application of water so appropriated to their land came about. not of their
 wish to discontinue cultivation nor
 because there was not at certain seasons of the year plenty of water available for such cultivation. but because no certainty of supply could he counted upon at times when such supply was essential. Such appro- priation of water by these land own
 CTS as was made was, speaking broad:
 ly. an appropriation. not of the flow of the river in it's lower stages. for such flow had already been appro- priated by others. but of the flow
 
 land in class 4. unavailable in the past to such land owners for pract- cal and efficient continued use be- cause of the lack or storage facilities, but now shortly to be available by means of the impounding dam con structcd by the government. Such parcels of land to which water has hitherto been applied for the pur- pose of cultivation. but upon which the use of water was definitely dis continued before the year 1903. and has not been since resumed. may be designated as land in class F. and ap- pear in the descriptive lists of such parcels showing the duration of cul- tivation. hereto attached. marked and ;, embracing the land on the North Side and South Side. rcspec- lively These parcels of land in class R having discontinued in the past the use of the water tu which other wise they might now be entitled by reason of the appropriation made for them. no new appropriation of later date having been made by q new and continued use of water upon the land, have no right that can now be es- tablishcd to the normal flow of water in the river appropriated by the land in class A Their attempted appro- priation. however. of the surplus water. discontinued because of lack hitherto of storaC" facilities. gives them equitably q preferential rIght over the land in class c thereinafter described) in right of application to the government for stored water. where the owners of such land in class R are members of the water users association. and by reason therefore may enter into contractual relations with the government with respect thereto.
 The third class. of land is that which may be known as land in class C. It is such land as is sit uated within the irrigable district ly- ing under the canals above mentioned. or their possible extensions, not in no cultivation has been had or as to which no appropriation or attempt At appropriation of the flow in tho river at or above tho Joint Head, has been made in the past. They are not entitled to the establishment of any right of appropriation in this suit
 The land in these three classes may be found upon the map hereto attac ched. marked Map No. ?. in colors as thereon designated.
 By agreement entered into between the United States and the Water Users Association. the members or the latter. whether owners of land in classes A. E or C. are to be entitled to the benefits of the stored water in the Roosevelt reservoir, in such eX- tent of acreage as the project shall serve These benefits are to be for.- mallv obtained by those entitled there to after the completion of the dam and upon the formal opening there after by the government Of this re- clamation project. by contractual ob- Iigations then to be entered into oy the members of the Water Users As sociation with the government. The stored water is to be distributed to those who shall have the right there- to. exceptionally according to the acreage of the land, and the decision herein the owners of land in class A and in class B. because Of the cultlNa- tion in the past of their land, ana the facts as found. have preferen- tisl right over the owners of land in class C to apply for and obtain from the government right to their proportionate share of the stored water needed by them. This prefer ential, right to the owners of land in classes A and E is not right to the water itself, nor does 1t give to those applying for and obtaining such right priority in use or in extent ot use to the stored water over owners of land in class C who may also apply and receive d similar right to the water The preference given is mere Iv and only that of right to make and have listed as sharers in the stored water the land In classes A and E before the owners of land in class C. whose land. if listed. will bc listed subject to such prior right of application. Such priority of ap- plication. in order to be effective. must be availed of and be asserted hoth as io tho owners of land m class A and the owners of land in class F within reasonable tune in drdcr that certainty as to eXisting rights of all the laud in the valley as well as the surplus and stored as to the normal supply, of water. may he speedily and definitely ascertained and determined Such reasonable time is hereby fixed as one year from the formal opening by the United states