Arizona republican., 1916-10-25

he added, neither the substitution under projects where water users associations are already organized or under projects yet to be under taken will be compulsory. Though where the service will be compelled to undertake drainage as has been necessary under all of them, the com mission will insist upon the organiZa- tion of drainage districts.
 Judge King. for many years has been an advocate of the irrigatiol district and twenty years ago, while a member of the oregon legis lature. secured the passage of the irrigation law of that state.
 Said Judge King: "f do not speak in disparagement of the Water Users associations, and especially of the one under this project. It is an excel lent one, but the system is inferior to that of the irrigation district Tie difference between the latter and the former is the difference between a municipality nd an unorganiZed com lnunity where every improvement de- rends upon the will of the individual members of it. Under the distri' system improvements are determined i uron hv the board of directors, or whatever governing body there may he. just as In q municipality, street
 
 ments are decided upon by the city government"
 There is one advantaee Of the ifri- gation district plan which wo1l1 not have been an advantage, previous tp the enactment Of the rur' credits law. While il has not been deiinitlY settled fl is pretty generally believed that owners of land under "ator users association could not aNain themselves of the benefit of that act since the government can loan money only on first mortgages on l"0d. The claim of the government, under | the association plan. is a first lien. ! 90 that that would have 10 be n some way released before the govern ment conld loan money on the land. The federal board" said MT King. "p-obai,lv could arrange t"at but part of the work that has beer done would have to be undone. Beside, ! in tho face of ihe refns~l of con~res7 to make a declaration that such Hens would not stand in the way of government loan the hoard would i heeitate 10 authorize such a loan. Tho government would be p-o- ;ected unde~ the irrigation distr'~t [ system. as thoroughly as it is urder the association system TNe land i1 the n aggregate and not as the property ! o' individuals would he he'd for the claim of the government ana tn" money for renavment would he raised " the government os the district as taxes are now raised for the stat". county and citv purposes Su"N t7N"s- when duo of course. c0nstitut" Nens mon the property taved. but such liens are not lar to the borrowing CT money rudor the Su~al credits la'v.
 Another edvantage 10 water users from the di~trict svstem noinicd ont hv Judge King. Is that all lanes W th- i,, iha district world have to hea- their share Of the burden. Al preset 1 government lands fo rot. nor lands on which onlv entry has been mafe Put rnder the district plan onlE etate lends vet unsold would ba OK empt and in come states leg slat'on has decreea that they stall not no
 In the S.p,emher rur'her of th@ "Reciana,io, peoord" Jud"o King h0d very comD-ehonsiva article on th4 subject of irrigation districts in whicr he said.
 Tn brief an ir-ication dis'~ic' ha' the sarre advan'ages ove~ t1divi1u~ organizations, quch as the ord nar' oornorations dncluding water rsors ascociaiions) ae a town when orran' ized into municipal cornoratloh may have over 2. school district TO dull. organized. The advantages ot 2 -nrnicipal corporat ton. under w'ie' cities and towns are organized ove' the system existing prior to such or ganization are SO manifest that Fur ther discussion on that point Is un necessary
 Tn many respects the i ri ~ai ots trict system Is similar in its purpos and effect to school districts. eofnC examinations. and cit" muntc'pallties differing only in details the characte of the details depending on the pnr pose for which organized. 1rrigatio districts have their officers tNe sam ns county and school districts an ,hev are rossessed with the sam taxing power. manner Of conectin taxes. etc. with which taxes thus Is sessed tho construction. operato and maintenance cha~oes of govern ment projects are paid.
 "Trnde- the water users assoct9t''' contracts are made with each ind vidual water user: under the irr' gation district plan the contracts a' made bv-the United states with 1T irrigation district as a quasi-mun clpaIi+y Some courts have hold sue district public corporation an not strictly municiuality. The effe nt ttis holding. however. sn far as
 may bear upon the general p1~Dosf and practical workings of the plan
 what may ba terued a "dlstinctio -,'ithout a difference for it has pra' 'icallv the same purposes in vie"
 public corDoration as thus deiih' carries with lt uractirallv the san powers as a municipality. Al Y same time it escapes burdens Whi
 might otherwise go with a munlc nalitv as ruch.
 "Under the individral contract s" .em each user hos placed rnon h land mortgage lien which, being
 record freuuontlv nroVes an ef Narrasement to such individual whei yer he desroa to n~ncurc 'o'
 funon lards subject to the wAter-rig
 'enl under the Federal banking a
 'ronev-loani comnanies, o~ m .
 he racent rural credit act. Put urd
 'he irrigation district plan, these O
 Itacles are removed.
 "When a district is fully organi7
 "nder the law, individual liens uo'
 fhe land are re1easad and the di
 'riet as 2 whole is hold for the eo
 tracted indebtedness, in the same ma
 ner in which a school district, count
 itv or other municipalitv nov
 reld upon an iseuc of bonds f
 -cbnol. county. city. or othe" mur
 -ipal purposes. lcavin~ the l'ens
 accrue only in case of 2 defanf
 payment of t1xos levied for the p9
 vent of such indebtedness or wh
 nav he termed "fav lien' fpr q
 'ault in payment of snch tav not
 'inn If record for the e1t1re/ l
 Iehtedness. Tn other words in
 obstract of title for the pn~nose