The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-03-15
Question Authority of Reclama-
ton Service to Fix and Col
lect Maintenance Charges
SEATTLE ATTORNEYS
DELIVER AN OPINION
Tell Members of Association That
Their Privileges Are Being In
vaded in Some Particulars
Which Are Named

Questions relative to the respective
rights of the United States govern
ment and the Sunnyside Water Users
association, and the members thereof,
as they relate to the use of the watel
from the Sunnyside ditch, were re-
Gently submitted by the trustees of
the Water Users association to firm
Of attorneys, Messrs. Hughes, McMick
en-. Dovell & Ramsey of Seattle for
opinion thereon. The answer has been
received and is in the hands of A. w.
Swigert, secretary of the association.
Under the opinion of the Seattle firm
the Water Users as an association
and as individuals, have the right to
inquire into the actual cost of the
Sunnyside ditch, including the cost of
impounding the waters at the head
Of the Yakima river in order to deter
mine whether or not the water users
have been already compelled to pay
$1.00 per year maintenance charge
for the period of ten years. 1t is the
opinion of the attorneys that in COL
lecting for anything other than con-
struction the officers Of the interior
department have exceeded their au-
thority. The reclamation act, they say,
does not include any warrant for a
charge other than that for construc-
ton.
Maintenance Charges
The reclama ton service has no
power, according to the Seattle at
torneys, to assess the cost of MAIN
tenance against the land owners if,
however, the reclamation service has
theless it may not be arbitrarily fixed
and the water users have the right to
insist that the maintenance charge
should not exceed the actual cost
thereof.
The government is not entitled, is
the answer to another question, to
make collections against the individ-
uals until after the water users as
ISOLATION has failed to make such col
lection.
Doubt Is expressed as to the au-
thority Of the government after it had
once fixed and contracted with an
entryman to pay the proportionate
cost of construction per acre, to in
crease that price upon ascertainment
ment of the fact that the cost of con-
struction has been placed too low;
but it is certainly clear that the gov
eminent would not be entitled to
make up any deficiency in the cost OF
construction by assessing against the
land maintenance charge, or requir-
ing a water user to sign a contract
therefore.
Major Portion Of Lands
Several questions were asked of the
attorneys regarding the questions o.
whether the major portions of the
lands have been paid for under GER
tain conditions The attorneys do
not think tina, the area remains fixed
at the estimated price upon it by the
government at that time. If the gov
eminent is at cry date called upon
to determine what per cent OF tho
lands irrigated have been paid for,
it must n mafirg such a determi ma
ton, consi Ter all the lands irrigated.
The staLuta contemplates all the lao is
actually irrigated and not lanes SUBJ
ject to irrigation.
It is the opinion of the attorneys
Upon the statement Of facts which
YOU have furnished us as to the course
of management Of the Suanyside ditch
nv the Officers of the government
and the imposition upon You of the
cove rnment are misinterpreting the
act and assuming powers which con-
gress has not given them and for that
reason your rights are being invaded
in the particulars we have specified
above"