SEC. 14. It shall hear and determine complaints of shareholders of nonservice or of improper service or distribution of water or of improper performance of duty by any employee of the association relative to the distribution of water.

ARTICLE IX.

SECTION 1. The lands under each separate distributing canal system within the territory described in Article IV of these articles shall, on the petition of the owners of two-thirds of the shares of the capital stock of this association appurtenant to the lands in such proposed canal division, be formed into a canal division, and the boundaries of such division be fixed by the council. On the petition of the holders of a majority of the shares in this association owning the lands affected thereby, or without such petition whenever in the judgment of the council it will be beneficial, the council may change or modify the boundaries of any canal division.

SEC. 2. A board of water commissioners to consist of three members shall be appointed annually by the board of governors for each canal division. Such appointment shall be made in the month of May in each year, and no one shall be eligible for such office unless he be a resident within the canal division for which he may be appointed and a qualified elector as provided in these articles. The term of office of the members of the boards of water commissioners shall be from the time of their appointment until the 1st day of May in the following year and until their successors shall have been appointed and have qualified, and they may be removed for cause by the board of governors, who may fill any vacancy in any board of water commissioners for the unexpired term.

SEC. 3. If a petition signed by shareholders in this association, constituting a majority of qualified electors residing in any canal division, shall be presented to the board of governors at their first meeting in May, naming three persons eligible for appointment as water commissioners in said canal division and asking for their appointment to such office, such persons shall be appointed as such water commissioners.

SEC. 4. In each canal division the board of water commissioners thereof shall have the control and management of the local affairs of the canal system therein, and of the distribution of water therefrom, subject to the provisions of these articles, and to the bylaws, and to the rules and regulations established by the council, or by the Secretary of the Interior, or any agency of the National Government.

SEC. 5. The board of water commissioners in each canal division may appoint a secretary of the board and employ a division superintendent removable at their pleasure.

SEC. 6. The board of water commissioners may call a meeting at any time of all the land owners in their canal division who are shareholders in this association, to consider and determine whether an assessment or assessments for their special benefit should be levied on the shareholders in said division. At least ten days' notice of such meeting shall be given by the secretary of said board, by posting a notice thereof in three public places in said canal division, and mailing a copy of such notice, with postage prepaid, to each shareholder residing in said canal division.

SEC. 7. If a majority of such shareholders who are the holders of a majority of the shares of this association appurtenant to lands in said canal division shall at said meeting approve the levy of such special assessment or assessments and sign a petition to the board of governors that the same be levied on the shareholders in this association, owning lands in said division, and specifying the amount of said proposed assessment and the purpose for which it should be levied, and said board of water commissioners should recommend it in writing, indorsed on said petition, it shall be the duty of the board of governors to levy said special assessment on all the shareholders in this association owning lands in said canal division.

SEC. 8. When so levied the said assessment may, when collected, be disbursed by

the board of water commissioners of said canal division for the purpose specified in its levy, and shall be paid out by the treasurer on warrants drawn on him by the said board of water commissioners: Provided, however, That nothing in this article shall limit or abridge the right of the association to make, levy, and collect assessments, as elsewhere in these articles provided.

ARTICLE X.

SECTION 1. A president and a vice-president of the association shall be elected at the annual election, to be held on the first Tuesday of April, 1904, and every two、 years thereafter, and shall serve for two years from and after the first Monday of May following their election and until their successors are elected and qualified. Until the election of a president and vice-president, as above provided, B. A. Fowler shall be the president, and E. W. Wilbur shall be the vice-president of this association. SEC. 2. A treasurer and a secretary of the association shall be appointed by the board of governors at its first regular meeting in each year, and shall serve for one year thereafter, and until their successors have been appointed and have qualified.

SEC. 3. The treasurer and secretary shall give such bond as may be prescribed by the by-laws: Provided, That no member of the board of governors, nor the secretary, shall be accepted as a surety on the bond of the treasurer.

SEC. 4. The president, vice-president, treasurer, and secretary shall perform such duties as are prescribed by these articles and by the by-laws, wherein such by-laws shall not be inconsistent with law or with these articles, and shall receive such compensation as may be fixed by the by-laws, which compensation shall be neither increased nor diminished during their respective terms of office.

SEC. 5. In case of the absence, illness, or inability of the president to act from any cause, or in case of a vacancy in that office, the vice-president shall act in the place and stead of the president. In the event of a vacancy in the offices of both the president and vice-president, the council shall call a special election to fill the unexpired terms for both offices. Provided, however, That such vacancies, if occurring within sixty days before the next annual election, shall be filled by appointment by the council.

SEC. 6. The president shall be the chief executive officer of the association, and shall have general supervision over all other officers of the association in the performance of their duties as such, and of the conduct of the business and affairs of the association. He shall preside at all meetings of the board of governors and shall be ex officio a member of that board, and perform such other duties as may be devolved upon him by the by-laws.

SEC. 7. All certificates or other evidences of the ownership of shares of stock in the association issued by the association shall be signed by the president and secretary of the association and shall have the seal of the association affixed thereto.

SEC. 8. All contracts and instruments in writing executed for or in behalf of the association shall be so executed in the name of the association by the president and secretary and shall have the seal of the association affixed thereto.

SEC. 9. The treasurer shall receive and be the custodian of all moneys and other funds of the association. No moneys shall be paid out by the treasurer unless upon warrants drawn on him by the president and secretary, except as provided in Article IX, section 8, of these articles. No warrants shall be drawn on the treasurer by the president and secretary except upon the order of the board of governors, recorded in the minutes of the board, and in a warrant record to be kept by the secretary.

SEC. 10. The treasurer shall keep a full, complete, and accurate account of all moneys of the association received and disbursed by him, in books belonging to the association, and shall present a report and account thereof for the last preceding month to the board of governors at every regular monthly meeting of said board, and shall, at the expiration of each quarter, prepare and publish, in such manner as

the by-laws may prescribe, a quarterly statement to shareholders showing all such receipts and disbursements during the last preceding quarter; and the treasurer shall perform such other duties as may be devolved upon him by the by-laws.

SEC. 11. The secretary shall act as the clerk of the board of governors, and keep a record of all their proceedings. He shall be the custodian of the seal of the association, and of all its books, papers, and records. He shall, immediately upon their adoption and certification to him by the council, record in a book of by-laws to be kept by him in his office, all by-laws adopted by the council, and shall keep such book open to the inspection of any member of the association at all times during business hours. And the secretary shall perform such other duties as may be devolved upon him by the by-laws.

ARTICLE XI.

The council may create such other offices as may be necessary for the carrying on of the business and affairs of this association, and prescribe the manner of appointment, powers, duties, terms of office, eligibility, and compensation thereof by by-laws not inconsistent with these articles.

ARTICLE XII.

Upon proper complaint thereof by the board of governors, duly sustained, the council may remove from office the president, vice-president, treasurer, secretary, or the incumbent of any office created by the council, for incompetence, neglect of duty, misappropriation of funds of the association, or for violation of any of the provisions of these articles or of any by-law. The council shall prescribe by by-laws the procedure for such removal,

ARTICLE XIII.

SECTION 1. Revenues necessary for the accomplishment of the purposes of this association shall be raised by an assessment thereof from time to time as required upon and against the shareholders.

SEC. 2. The council shall have power to make and enforce necessary by-laws for the making, levying, collecting, and enforcing of such assessments.

SEC. 3. Assessments for the ordinary cost of operation, maintenance, and repair, of the works of the association, or of those the maintenance and control of which are, or may be hereafter, lodged in the association, shall be equally assessed against all the shareholders in proportion to the number of shares held by them respectively. SEC. 4. Assessments for the purpose of constructing or acquiring, or for the betterment, improvement, renewal, replacement, or preservation of any works, property, or rights of the association, or for the purpose of preserving, or increasing, or more efficiently or economically distributing the water supplies available for distribution by the association, or for the fulfillment of any obligation undertaken by the association, in any contract, agreement, or other arrangement with the United States Government, or necessary for the accomplishment or carrying out of any of the purposes of the association, may be equally assessed against all the shareholders in proportion to the number of shares owned by them respectively.

SEC. 5. Assessments for expenditures for purposes that are of benefit to a part only of the shareholders may be specially assessed in proportion to such benefits against such shareholders, but no expenditure to be provided for, or covered by, such special assessment shall be made, or obligation to expend the same incurred, except upon the petition of the holders of two-thirds of the shares to be so specially benefited thereby.

SEC. 6. Assessments shall become, from time to time as they are made and levied, and, until they are paid or otherwise discharged, shall be and remain a lien on the lands of the shareholder against which they are levied, and upon the shares of stock

appurtenant to said lands, and all rights and interests represented by such shares. The manner of fixing the lien and enforcing the same shall be prescribed in the by-laws. SEC. 7. Except for the ordinary operation, maintenance, and repair, no work shall be undertaken, purchase made, or indebtedness incurred or be authorized during any one year whereof the cost or amount thereof shall exceed $50,000 until it shall have first been ratified by at least two-thirds of the votes cast at an election to be called for that purpose. Special elections may be called and held for such purpose under such by-laws as the council may prescribe, not inconsistent with these articles.

ARTICLE XIV.

Nothing in these articles of incorporation, or in the fact of becoming a member of this association, shall be construed as affecting, or intended to affect, or in any way interfere with the present vested rights of any person to the prior use, or delivery, of the natural appropriated flow of the waters of the Salt and Verde rivers.

ARTICLE XV.

The individual property of the shareholders shall be exempt from liability for incorporate indebtedness of this association.

ARTICLE XVI.

The incorporate indebtedness shall not exceed two-thirds of the amount of the capital stock.

ARTICLE XVII.

This corporation shall endure for the term of twenty-five years.

ARTICLE XVIII.

These articles of incorporation can only be amended by the shareholders at a regular annual election or at a special election called for that purpose. No proposed amendment shall be submitted to the shareholders until it shall have first received the approval of two-thirds of the members of the council at a regular or duly called session thereof, nor shall any such proposed amendment be so submitted until it shall have been published in full at least once in each week for four consecutive weeks in at least three newspapers published and of general circulation within the territory described in Article IV of these articles, the last of which such publications shall be not less than ten nor more than twenty days before any such election.

ARTICLE XIX.

This association may accept and avail itself of, or subject itself to, the provisions of any law or laws enacted or that may be enacted by Congress, or the legislative assembly of the Territory, or State, when it becomes a State, of Arizona, relative to corporations, which may be applicable to corporations organized for like purposes as this association. Such acceptance or subjection shall be valid when ratified by at least two-thirds of the votes cast at any annual election, or at any special election called for the ratification thereof.

ARTICLE XX.

The seal of this association shall be a figure of two concentric circles, the outer being 2 inches and the inner 14 inches in diameter. In the space between the two shall be the words, "Salt River Valley Water Users' Association," and bearing within the center space an unrolled scroll with the words and figures thereon: "Incorporated, 1903, Arizona."

Witness our hands hereto this 4th day of February, A. D. 1903.

SAN PEDRO RIVER.

The basin of San Pedro River was visited in April, 1903, by Arthur P. Davis, and an inspection was made of a reservoir site at Charleston, a station about 20 miles above Benson. In the gorge below Charleston is what appears to be a fairly good dam site, provided foundation conditions should prove favorable. The rock is a good, hard porphyry, suitable for construction purposes and convenient for use. The valley opens out above and forms a site of fair capacity, and the drainage basin supplies considerable water. The railroad, however, traverses the entire site, and its removal would be expensive. The canal, to reach available lands, would also be rather expensive, so that its feasibility as a storage enterprise is doubtful, but it is considered worthy of a survey and estimate, which is contemplated at an early day.

SAN CARLOS PROJECT. «

The investigation of water storage upon Gila River was inaugurated in 1895 by Arthur P. Davis, in connection with the problem of irrigation upon the Gila River Indian Reservation. At that time

pumping tests were made at various points on the reservation, and it was ascertained that a large quantity of water can be thus obtained, but the scarcity and high price of fuel prevented an adoption of this plan for the relief of the Indians.

Surveys and preliminary soundings were made at Buttes, on Gila River, about 16 miles above Florence, and at Whitlow's ranch, on Queen Creek. Investigations showed, however, that the water supply for the Queen Creek Basin was insufficient for the purposes in view, and in the report, Senate Executive Document No. 27, Fifty-fourth Congress, second session, it was recommended that an appropriation be made for further investigations, and especially for borings at the dam site on Gila River.

Subsequently an appropriation for this purpose was made, and borings were made at Buttes, Queen Creek, Riverside, and San Carlos during the first half of the year 1899. Before the completion of the borings at San Carlos the state of the finances necessitated the discontinuance of the work, which was stopped in the month of July, 1900.

In August of the same year Mr. Davis was ordered to the American Isthmus to conduct the hydrographic investigations upon the proposed canal routes in Nicaragua and Panama, and the preparation of a report upon the Gila River problem was assigned to J. B. Lippincott, who had assisted in the investigations. The results were published in 1900 as Water-Supply and Irrigation Paper No. 33.

The great depth to bed rock and the character of foundation at the

a See also First Annual Report Reclamation Service, pp. 81-86.

14