Arizona republican., 1913-02-04


 users land are given as a condition to granting him a water right, and 1 can see no reason why the rule in government reclamation projects should be different, as the giving of | right of way fo: ditches has be come practically a general custom in | the arid-lan country.
 Moreover, it must he remembered l that at the time provided for in the | statute the irrigation system is turned | over by the United States to the wa ter users-the land owners It is | contemplated that t be turned over to them as compact. completed sys tenn, consisting of canals, ditches, l laterals, etc The water users thus 1 become a cooperative concern a sort of irrigation district, from which each is to benefit equally with all others It is important that there be enough land in the district or project to use properly and economically the last available inch of water. It must at once be seen that this could not l be done unless ditches are constructed ! over the lands of the owners. By
 this means, and by this means alone, 1 all of the water may be availed of, 1 and all of the land which may be ir-
 rigated be brought into the project | Or district.
 i When the land owner comes into l the project. he comes in on the theory
 that he is to be a part of a great
 mutual cooperative concern which is
 to make water available for all of
 the lands of the concern. The United States is not conducting these recla- | to nIs | money-making enterprise; it is sim Fly advancing the money for their
 construction for the benefit of the land owners and for their future own
 ership: the cost of construction to be
 repaid to the United States to be
 used again for other projects. It
 certainly is not dcprIving a land own
 TT of his property without due pro-
 cess of law or without compensation
 to require, as a condition to the con
 struction of the project, that those , who enter it shall allow ditch rights of way without being paid therefor in money. They are compensated therefor by the individual benefit they | derive from the success of the mu- tual concern itself, without which success they would derive no bene- fit at all.
 In the administration of large recla- nation projects it is essential that arrangements for the common good
 be made, both for the benefit of the government or the corporation con structing the reclamation works and
 for the landowners in the project; otherwise. those owning lands imme- diately adjacent to canals and laterals , would have a monopoly. or, at least be in position to impose burdens and obligations upon the owners of the lands situated in more remote posi- | tions, before the latte7 could obtain '' water for the reclamation of their
 lands. Mutual benefit and the sue cessful construction and operation O1 Il the reclamation project are depend
 l ent upon some such arrangement y The lateraIs so constructed and op- . erated will be under control of tho Il United States, the .lamatiOn off t cials will be in position to see that < same are so constructed and main Il tained as to avoid damage to th' . lands through which they pass O II course they should be so located a: 'l to do the least damage and cause th'
 least inconvenience to the owner l. whose land is crossed consistent witt |, the purpose of the particular ditches u With respect to the charge of wa " ter service it is true that those per 'r sons who have, through prior appro y priatiOn and decree of the court, > full water right to tfeir lands ar - entitled to so much water as the,
 can benefically use, and that in
 sense the United States is a carrie
 of water merely. It has, however A the undoubted right t. impose a req sonable charge for the carriage an
 delivery of the water, and the fac h that this charge is made on an acre lt foot rather than acreage. basis doe IS not violate any rights of the partie 'u concerned. A number of-- element
 enter into the charge made for thi ly carriage and delivery and incIud $ cost of carriage and delivery, req lg SOnable betterments and improve ld nIents and interest upon the none es invested in the works for the diver "A sion and carriage of the water. 1- addition, it must be remembered tha e. the right acquired by appropriatio
 was to divert the natural flow of tn - river. Such apprOpriatOrs had n : storage reservoir and were unable { } obtain a water supply for the irri ! gation of the lands during the lo' ! water period of the river. By vii ! tue of the construction of the Roose l welt reservoir by the United State { they are enabled to share in the aC 2 ] vantage derived from the storage
 ! flood waters, which affords a con
 stant and regular supply of Wats
 { during the entire irrigating seaso
 Properly therefore their reasonab
 share of storage costs may be inclu(
 } ed in the charges imposed by u
 United States for the delivery ! water to them
 The increase of price per acne-fO after the first two feet required
 ] not unreasonable when it is remen
 { bered that the carriage of a larg { amount of water involves addition expense for the operation and mair ! tenance of the distributing syster ! Further, the greater the amount / uatnr uSed on the land the mo