THE SAFE-GUARD OF THE RECLAMA- 

 TION FUND 



BY 

 F. H. NEWELL 



Chief Engineer U. S. Reclamation Service. 



JV/TANY of the people in the East including the charges by the Govern- 

 have only vague ideas as to the ment, a lien on the land of the share- 

 practical workings of the Reclamation holder. 



Law. With not a few the belief seems Furthermore, the water users' as- 

 to be that the Government is engaged sociation as such makes a contract 

 upon a purely philanthropic work of with the Secretary of the Interior in 

 constructing large and costly irrigation which it guarantees the payment of 

 systems, and after completion gener- the charges assessed against the lands 

 ously donates these works to the farm- of its shareholders. This agreement, 

 ers. While Uncle Sam is certainly before being executed on the part of 

 evincing an exceedingly fatherly in- the corporation, is voted upon by the 

 terest in his children who dwell in the shareholders, and a two-thirds vote is 

 desert, his generosity does not extend necessary to ratify it. 

 quite to this point. The shareholder and the water us- 

 The manner in which the return of ers' association, through their articles 

 any funds expended on irrigation is of incorporation, make a contract by 

 safeguarded will strike most every- which the land of the shareholder is 

 one as being similar to the methods ob- pledged for the payment of necessary 

 served by business institutions which charges ; and in addition to this the 

 make a practice of loaning money. association guarantees to the Govern- 

 When the investigation of an irri- ment that it will pay these charges and 

 gation project is developed to such an exercise the lien authorized by its ar- 

 extent that there is little doubt of its tides in order to secure such payment, 

 feasibility, it becomes necessary to pro- The matter is in this way left in the 

 vide for an association of water users, hands of the people themselves, and 

 This is essential because it would be in case a shareholder should, through 

 otherwise impossible to work out sat- sickness or other unavoidable misfor- 

 isfactorily the various matters in tune, be unable for a year or two to 

 which the interests of the Government pay his assessments, the association 

 and of the individuals are involved, can advance the money to carry him 

 One of the important matters to be over his period of misfortune. In cases 

 adjusted by these water users' asso- where the delinquent is not deserving 

 ciations is the protection of the Gov- of such consideration, his own neigh- 

 ernment in its expenditures. The law bors, knowing the exact situation, will 

 provides that the water users shall re- be in a position to enforce the condi- 

 turn to the reclamation fund the cost tions of the articles of the association 

 of the construction of the works, and sell such part of his land as may 

 There can be no assurance of the re- be necessary to cover the charges for 

 turn of such moneys unless security of the water right. 



some kind is provided. This interest These charges are a lien on the land 

 of the government is protected only to the extent of a particular as- 

 through the water users' association sessment from year to year, and in 

 by a provision in its articles which case of a delinquency the entire charge 

 makes all assessments on water rights, for the water right does not become 



