OCR Text |
Show -13- water or stop the delivery of water for non-payment of assessments, even where water was being delivered after the assessment had become due. Under the Tempe contract, the Salt River Valley Water Users' Association was given the same right as the Government. This alone disposes of the plaintiffs' first proposition. However, in the contract between the United States Government and the Salt River Valley Water Users' Association, dated September 6, 1917, plaintiffs' exhibit Number Z17 in evidence, it is provided in the fifth paragraph thereof as follows: "The Association will use its powers and resources, cumulatively, if necessary, including the power to withhold the delivery of water, to enforce the rules and regulations made by the Secretary of the Interior under the provisions of law, or by the Association under its Articles of Association and by-laws, for the proper care, operation and maintenance of the Project and for carrying out the provisions of this agreement." One of the provisions of this contract was for the payment of assessments for construction charges. This provision of the contract makes it the duty of the Salt River Valley Water Users' Association to withhold the delivery of water, if necessary, to collect back assessments. The Salt River Valley Water Users' Association had not disregarded the delinquent payments of the owners of the plaintiffs' lands, but in order to help in a depression had extended such payments. It would certainly be a harsh rule if the courts would compel the water users to withhold the delivery of water during times of depression for non-payment of all assessments when they became due or lose this means of collection. |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |