Arizona sentinel., 1918-01-03
ATTORNEY THOMAS D. MOLLOY AND JUDGE CAMPBELL ARGUE CASE BEFORE JUDGE SAW TELLE FOR INJUNCTION, BUT MATTER ITEM
 PORARILY SETTLED BY STIPULATION

Hon. Thomas D. Molloy and Judge Campbell of Tucson, appeared before Judge Sawtelle of the Arizona district of the United States federal court, and argued for an injunction restraining Project Manager w. w. Schlecht and Irrigation Manager D. c. Caylor from enforcing the public notice" issued by Secretary of the Interior Franklin K. Lane on April 6, 1917. Under this public notice all land owners were re- quired to file a water right applica- tion" within six months of that date and pay in advance a minimum of s1.5O for two acre feet of water, all excess water used during the irriga- tion season to be paid for at the end of the season.
 Hon. Oliver p. Morton, district coun- sel for the U. s. R. S., with headquar- ters at Los Angeles, with United States Attorney Flynn of Phoenix, and his assistant Hon. w. J. Bryan, Jr., appeared for the Reclamation Ser vice in the hearing before Judge Saw telle. From all accounts it was legal battle worthy of the best talent ln this section of the country. MT. Mol loy is highly elated over what he terms ca great victory" and complete relief granted" these being the words used in a personal telegram to the editor or the Arizona Sentinel on the night of December 27. For the benefit of the water users of Yuma Valley, whose in terests are nearest my heart, ] am very glad to be able to herewith re produce the stipulation" in full, to- gether with the new form of water rental contract" agreed upon, and also the form of acceptance" of the 2O- year extension act. These documents speak for themselves.
 In discussing the matter in detail with MT. Molloy he summed up his great victory" as follows:
 First-Judge Sawtelle declared from the bench that he had never said he thought the Yuma Valley people would eventually have to pay the S75 per acre charge as fixed by Secretary Lane.
 Second-Judge Sawtelle declared there were grave matters to be de- cided by him eventually, but he would not intimate what his decision would be.
 Third-If a satisfactory contract for water is presented by the Reclamation officials Judge Sawtelle would not ls- sue an injunction prohibiting the shut ting off of water from those who had not applied for water rights.
 Fourth-If Judge Sawtelle eventual ly decides AGAINST the water users he will require payments to be made into his court immediately thereafter in accordance with the public notice and held by the court until the case is finally disposed of by the United States supreme court.
 Fifth-Two acre feet of water must be paid for in advance, that being the minimum charge, and all water tur' nished after the two feet are exhaust ed must also be paid for in ADVANCE, instead of at the end of the irrigation season, as granted in the public no tice.
 Sixth-the time within which the "2O year extension act" can be taken advantage of is extended to March 5l 1918. whereas under the public no tice" the time expired six months aft CT the 9th of last April, though by mak ing written application to Secretary Lane anyone could get the beneflts of the extension act, by making showing as to why they had not ap nlied for it during the previous sl1 months.
 Seyenth-Water will be furnished all lands in Yuma Valley exactly as heretofore, except the charges are 75' per acre foot instead of soc, and al water must be paid for before it l' used.
 Eighth-Reasonable rules will b' promulgated by the Reclamation otti cials relative to the amount of wate to be paid for in advance after th' first two acre feet have been exhaust ed In other words no one will D' allowed to ask for fractional part an acre foot of water.
 I have read and re-read the stlpula tion herewith appended, and hay'