El Paso herald. (El Paso, Tex.) 1901-1931, 1915-05-07

! G.. kilEOre and II. r. Haunum.
/ BE IL resolved. that it is the sense Of
3 this. the joint committee Of the Ele-
uhant Butte and FL PasO Valley WaIel
( Users associations duly appointed to
consider and make recommendation i'm
regard TO rates 10 be charged for tenn
porary water service under the Rio
; GrSnde project, that the secretary or
the interior fix the charges to be made
at the actual annual cost for opera
ton and maintenance Of each unit of
the project, and that the last clause Of
section five of the reclamation act pro-
viding for adjustment from year to year
i'm case of deficit or surplus apply to
such charges and this committee here
by petitions the secretary OF the in
terror TO authorize and instruct that the
necessary action be taken TO effectuate
this plan"
Recommendation Ignored.
This expression Of the desires OF the
two water users associations with req
erence to the terms on which water
should be delivered for irrigation dur
ing the 1915 season was transmitted
through Mr.. Lawson to the reclamation
commission and no reply thereto was
ever received except in the form Of an
application for water service contain
ing provisions entirely at variance with
the conclusions of the joint commits
tee. In fact. this cCguua.tr- tlCu seems
20 have been entirely ignored
No such contract has been submitted.
munity bitches by means whereof our
lands are irrigated has been surren-
dered to the government. Although the
asburg diversion dam and canal was
completed and placed in operation In
1905 il has never been treated as
separate unit and declared open uu-
der the terms OF the reclamation law.
but. being "A unit or integral part of the
entire Rio Grande project, IL has been
operated under rental contracts made
from tn under which
sOciation guaranteed the payments rep
resenting the estimated cost Of main
teuance and operation as before stated
The association stands ready, willing
and anxious 10 enter into similar
contract for this year covering not only
the works referred TO but any other
unit or units Of the project which may
be completed and placed IN operation
during the year. and has signified such
desire 10 the service
The association recognizes the au-
thority vested i'm the secretary Of the
interior TO impose charges covering
the cost Of operation and maintenance,
and TO impose reasonable charge
whenever water is available and IL is
impracticable TO apportiOn operation
and maintenance charges.
II does not. however, recognize the
right of any government official or
other individual TO shut off the water
for irrigation purposes as was done on
the LIST inst. Nor does IT recognize or
admit the right OF the secretary Of the
interior TO impose unreasonable rules
and regulations
The Present Difficulty.
The form Of application for water
service referred TO in your editorial en-
bOdyiuE the conditions 10 which obJec-
ton has been made was drafted with
out consultation with this association.
and when brought TO the attention OF
the board of directors that body. after
conference with commissioners Of
the several community bitches IN In
terest and without consulting attorneys
for the association. addressed a COM
munication TO the reclamation commits
sion setting forth our objections and
requesting certain notifications
The letter was mailed April L. Its
receipt was not acknowledged until
April 90. after urgent kilograms had
been sent by the association requesting
pOstponemenr Of enforcement OF she
order shutting off the W.T.
The telegrapnic reQuc- couched ia
the most respectful terms. merely
asked the postpOnemeut referred TO aud
an opportunity for a hearing The py-
titiOn was arbitrarily denied and the /
water shut off uoIW ithstun0nlg the
fact that as heretofore stated the assoc
citation is not i'm default. but on the
contrary has 10000 TO its credit an
amount sufficient TO cover operation !
and maintenance charges upon the
works referred 10 FOR several years.
ne extension aNl aug l=l ~ 8
provides No water shall be delivered
To the lands OF any water right appli- I
cant or enJryman who shall he in ar /
rears for more than one calendar year !
for the payment OF any charge for op-
Grafton or maintenance No member Z
Of the association who was Inus arbi- I
trariiy denied the use Of water was IN 4
arrears
Sought Aid of Courts
Our crops we're suffering and the as !
woke the aid of the courts The action !
Ia ken meets with the unanimous ap-
prevail OF the members OF the assOcia- I
ton. who believe that the right Of pc
tiJion should not be curtaiied OF denied (
and that respectful presentation OF I
their views. wishes and desires viii /
rot ieopardize the compile ton OF the /
Rio Grande project.
In a letter just received from the 4
reclamation office at Washington the Z
announcement is made that the recla- Z
nation service has no objection TO elm {
mating from the obligation the provis- I
ions with reference to rights OF way, 4
but Notwithstanding such statement no !
fcation OF the contract the order Tor {
the shutting off of the water viii be
stayed.
Persons called upon to execute con Z
tracts. even though they DE with the
reclamation service. should not be de-
MED the privilege Of being consulted
as to the provisions Of same. and their 4
request for such privilege certainly I
ioes not merit the caustic criticism in
which YOU indulge
1t is Of course 10 be regretted that
go serious q situation has developed,
but the members OF this association
believe that now is the time TO settle
the differences rather than to make
futile attempt so TO do after they have
executed contracts which the officers
Of the service undoubtedly would con-
END TO be valid and binding. The cit
liens Of this valley 90 not appreciate
or relish the vituperative attack. nor
do they recognize the right Of the IT
Paso Herald TO act as the censor of
their business affairs
in conclusion let il be distinctly un-
ierstood that the members Of this as
ISOLATION. as they have demonstrated
during the past seven years. stand
ready and willing at all times to pay
all lawful charges imposed upon them
Under the terms Of the reclamation law, {
but they insist that as freebOrn Amer
lean citizens occupying a contractual
relation with the reclamation service. T
they have a right TO be consulted and
10 he heard by the officials Of the ser
vice concerning the provisions Of con-
tracts involving their substantial vest
ed rights.