412 IJEroKT UF OFFICE OF EXrElUMKNT STAl lUNS. 



and opernlion may he met by < liai<;iii{; tolls for water used, by 

 assessments on the hind, or h(»th. The county treasurer is ex-olhcio 

 treasurer of districts. 



'Pile |)rovision in the Montana and Wyominf]j laws for the rej)resenta- 

 lion of nonresident property owners is an advance over other laws, 

 as it has heen stated often that the district law is desifj^ned especially 

 to exploit the nonresident. This has led to attacks upon the lej^ality 

 of the oriJ:anizati()n of districts and to opposition at every possible 

 point by ])roj)erty owners who were opposed to the orp^anization of 

 districts which included their property, and in the past this has done 

 mucli to detract from the salabilitv of district bonds. The allowing: 

 of votes to nonresident property owners may make it more didicult 

 to secure the organization of districts, but it will make the sale of 

 their bonds when organized much easier. 



New Mexico enacted an irrigation district law in 1909 (Laws of 

 1909, ch. 109). The petition for organization must be signed b\^ a 

 majority of the resident freeholders owning more than half the lands, 

 must be presented to the county commissioners, and must have been 

 published two weeks before being presented. The qualified electors 

 are resident freeholders who have paid a property tax in the district 

 within a year preceding the election at which they are to vote. A 

 two-thirds vote is necessary to carry the organization of a district, 

 but a majority vote will carry a bond issue. Bonds may not be sold 

 for less than 95 per cent of their face value, but may be issued in 

 pa3'ment for works or materials. Taxes for the pa3^ment of interest 

 and sinking fund are levied at a flat rate per acre, but maintenance 

 and operation costs may be raised by either tolls or asse.ssments, or 

 both. 



In all of the States the limitation on the price at which bonds may 

 be sold is a dead letter, because of the fact that they may be issued 

 in payment for works. It is customary to arrange with some con- 

 tractor for the building of the proposed works or for the purchase of 

 works already built on the basis of payment in bonds, and the j)rice 

 is fixed accordingly. A recent newspaper report states that the bonds 

 of a certain district in a State where bonds may not be sold below 95 

 were taken by the contractor at 37 cents. In other words, the people 

 of that district are j)aying nearly three prices for their work. 



GENERAL LEGISLATION. 



The water laws of many of the arid States contain statements of 

 princijiles and definitions which show the attitude of the legislators, 

 although they may not affect the administration of the laws. Most of 

 them have declarations as to the ownership of the waters of the 

 streams and other sources of water supply, some declaring that such 

 waters are the property of the State and some that it belongs to the 

 public, the difference in theory being that if the water belongs to the 



