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Show 169 acquire their water rights by contract with such company.97 It became apparent as early as 1915 that the joint-stock companies were not well suited for construction of large projects since they were without substantial amounts of capital.98 And the trend has been generally away from commercial irrigation enterprises.99 There are, however, many mutual companies or associations still functioning, particularly in certain areas.100 An outstanding feature of these organizations is their volun- tary character. In practice, landowners generally make mutual stock-subscription contracts subjecting them to assessments which become liens both upon the shares of stock and the water rights represented thereby to meet the authorized costs of the company.101 A form of mutual company, the "water users' association," was an early contracting entity in operations under the Reclamation Law.102 But the success of an irrigation undertaking is often depend- ent upon participation by all of the lands situated so as to utilize waters from the development. In such a voluntary operation, therefore, an unwilling minority may thwart the development. This organizational limitation is overcome where the irrigation district is the medium for group develop- ment.103 87 See, e. g., Rev. Code of Mont., 1947 Ann. § 81-2105; Wxo. Comp. Stat. 1945, § 24-418. 88 Teele, Ieeigation in the United States, p. 194 (1915). 98 Statistical Abstbact of the United States, Department of Com- merce, Bureau of the Census, Table No. 656, p. 595 (1949). 100 See ibid. As an example of a particular area, Utah has about 700 private and mutual companies or associations having over 8,730 miles of earth canals, 410 pumping plants, 1,973 diversion dams, and extensive stor- age works. Irrigation Companies in Utah, Bulletin 322, Agricultural Experiment Station, Utah State Agricultural College, p. 1 (March 1946). Most of these are mutual companies, and the largest commercial irrigation enterprise is the Utah-Idaho Sugar Co., serving approximately 54,000 acres of land in the Bear River Valley. Id. p. 13. 1013 Kinney, Irrigation and Water Rights, §§ 1481, 1482, 1489, pp. 2661, 2662, 2667-2678. 1OiId. §§ 1281-1284, 1480, 1489, pp. 2319-2339, 2659, 2678. i«i "The day of individual and partnership enterprise has long since passed and that of the private corporation and the mutual ditch company has now also gone so far as new projects are concerned. The public corporation |