irrigation DISTRICTS thic communication signed by A subscriber which appears elsewhere Ise where in this issue and treats of the unsatisfactory is conditional condition ol things in providence and millville milleville Mill ville in respect to irrigation was accompanied by a request thattie that the NEWS explain the law on the subject in a manner samanner to throw light upon tile the points of difficulty referred to by the correspondent the giving of three directors to mill ville and aad of two directors and the secretary and treasurer to pro providence vi denee appears to be an arrangement tacitly agreed to in the interests of justice and fairress fairness as between the two wo settlements and so far as aa it is just Is commendable though the law makes BO ao provision for it the land holders of the district have the leial legal right to elect we toe men meli of their choice regard to the residence of those elected but justice and the best interests of all concerned generally make it advisable chilt directors of an irrigation district be chosen from different parts of it that tte land landholders holders in indifferent different sections of it may be properly represented the present law providing for the formation of irrigation districts was wa passed in january 18 1865 at that time it did not contemplate affecting ves vested ted rights nor aar the irrigating streams dit ditches elies etc then in use its purpose was wa to provide for the construction co a of new canals etc and the management of waters not previously appropriated but among old settlers there existed ingen confusion in regard to the control of irrigating streams the repairing of ditches etc no system existed farse ajr securing caring justice aad good order to such settlers as had construe ted fed and were using canals etc in common therefore Janu january iril 1866 a section was added to the law pro viding v id ing that settlers who had bad a already ir eady constructed irrigating ditches etc might organize under the provisions of the statute but to consolidate old settlers who had bad already constructed dama dams ditches etc with new settlers who were lust just commencing to locate upon farms and tax all equally for the construction conat ruction of canals designed lor for the abe benefit of the latter mona alone would be unjust old settlers would ordinarily be justified to in objecting to such an arrangement and it if new canals are needed in providence or Mil iville which were contemplated not at the time wine those two settlements settlement were organized into a di the owners ot the land to be benent ted by such new canals should be organized into a new district or districts the old settlers who do not need new canals should not be taxed for their construction st A wide discretion is conferred by the law upon upon the trustees of an irrigation district they have howerto power to make bylaws by laws rules and regulations necessary to carry into effects the ob acts of the people ane question might be raised whether or bot the trustees of an irrigation district could under this clause take such action as would in effect lay upon some of the landowners of the district a heavier tax than others were required to tear we think not an elementary principle of law relative to taxation ot of all kinds is that a tax to be legal must mast be equal an irrigation district once organized pursuant to law must be regarded as a unit neither the trustees nor landholders of it can cut it u up in into to sections for the purpose of tax taxing rig one part of it more heavily thin than another the I 1 he total cost of running the irrigating maca machinery luery of the abe whole district is a burden upon the whole of it to be borne by all of the landholders in it equally in proportion to the abe number of acres they arri irrigate ate respectively hence where two or more towns are embraced in one irrigation district the tax on the land in each must be the same to say that one part of the district may be taxed at one rate and another part of it at a different rate is to introduce confusion contu and consequent strife destroy organization and ct feat the objects of the law which are order and justice As with the tax so with such bylaws and regulations as the ibe trustees may make for the government of 0 the district they should be uniform lu ia their application to all landholders iu in the district at least so tar far as practicable in this regard hw however ever tu th courts on a question of a rule established by ane trustees would woula probably take into consideration the equity as well as the uniformity ot of toe LLA rule tor for it is quite possible for a necessity to exist for the establishment by the trustees of a rule applying to only a part of the district if any such rule could besil be bbown own to be nece necessary s iry and qu kable doing good t to some lse of the i landholders and uil actual f paury po ary to none it would probably be 4 sustained ed under the clause bove alovie quoc quoted ed w wh 12 ten confers considerable power on the trustee the course of ef some of ohp landholders hol dersin in an irrigation district who take into their own hands tee control repairing etc of the ditches which they use ude without regard to tile the authority or action of the trustees or the action ot of a meeting at which a tax has been fixed is to 80 s the least arregu far and not contemplated by bylaw law such landholders can be taxed the same as the rest in the district our correspondent says that regulations prevail in providence different from those in milleville millville Mill vilie ville it t is the duty of the trustees to establish uniformity so far as justice and the best beat interests of the district require it when truy trus team dp ap not apt all see eye to eye as sometimes happens appis a majority rules the there Is 1 one fundamental principle of ef law W 0 in all tile the territories ana oiw 91 tile states which the tru trustees steeg of 4 09 49 gi district strict can override and disregard rap and ilk d which even the territorial jean not abridge it may be thus stated title le to water flowing in natural chit channels a anels originates with the act of prior appropriation when the abe ownership of water has been thus acquired this water becomes private property in the same goose as the land does when the government patent issues A section of the statute to 0 which this article has hao reference recognizes recognises in express terms this prInc principle IpIe au and if it were always kept in sight much auh trouble might be avoided