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BY - LAWS

OF THE

Salt River Valley Water Users'
Association

1904

President, B. A. FOWLER

Vice-President, E. W. WILBUR |

Treasurer, E.J

BENNITT Secretary

, FRANK H. PARKER

Leg

AL Adviser, Joseph H.

KIBBEY
ors

Board of Govern

Chairman, B. A. F0WI.ER 1

Henry JENNINGS H. G. VanFossen

E. W. Wilbur

John P. Orme

Harry Kay

A.J. Chandler

H.J. Hanson

W. A. Wilson

George D. Chri

STY C. A. Saylor

^cil

Members of Cotii

Chairman, C. T. Hirst - Clerk, L. J. Rice |

N. B. Cole

P. T. Hurley

W. S. Dorman

G. W. Walters

Wm. Wallace

Alma Millett

H. M. Welborn

C. T. Hirst

G. A. Dobson

W. H. Brown

J. W. Eastwood

J. A. Stewart

W. H. Wilky

L J. Rice

Wallace A. Macdonald

Henry Hilbers

E. A. Spaulding

Daniel P. Jones

George R. Kay

George Blount

C. S. Stewart

W. H. Mann

J. W'^.Hagerlund

A. Wingar

George Wilky

Jerome B. Clark

J. G. Peterson

Wm Rice

W.H.Kay

-I ^ I ^( u

INDEX

'] ii Ij Section. Page.

Acceptance of ofRce 2 33

Assessments

How payable 1 "j

Amonut of — How determined 2 7

Notice of — By mail , g 9

Notice of — By publication 3 7

May be reduced 4 g

When levied 5 g

When payable g 10

To whom payable 12 10

When Delinquent g 10

Duplicate list 6 9

Association, may deed land , 26 16

Ballots, to be supplied how 10 Ig

Names and candidates on 11 ig

Blank for other candidates 11 ig

Board of Governors to supply 12 Ig

Form of 12 ig

Shall deliver to inspector 13 20

To be given voter 15 20

Not to be rejected, when 20 23

Rejected 21 23

Refusal of ballot 22 24

Folded ballots 26 24

After being counted to be sealed 29 24

Board of Governors:

To solicit for stock subschiption 1 1

To issue preliminary stock certificate 2 1

Books and papers of Council

Clerk to be custodian 6 3

Must deposit with Secretary 6 3

By-laws to be certified and transmitted 4 1

To have three readings 13 3

Shall have yea and nay vote 13 3

Caption of By-laws to be 20 5

Certificates of election 39 26

Of Purchase... 17 13

Of redemption 22 14

Of stock — Preliminary 2-1 12

Form of — adopted by Governors 3 2

Payment of 10c per share 2

Bights of holders of

Clerk of the Council

Duties of

To certify by-laws

To transmit by-laws

Term of office

Clerks of election

Ballot clerk

Poll clerk ^. . .

Council:

To meet

Elect officers

Bules of procedure

Sessions to be open and public

Contesting" election of members

Procedure

Chairman of council, when elected

Term of office

Duties of

Compensation — See salaries

Candidates — Names on ballots

Counting sheets

Not to reject as irregular

Counting sheets to be signed by board

Canvassing the votes

To be public

Folded ballots

Excesa removed

Canvassing the returns _

Governors constitute Board

"V^Tien to meet

May adjourn to wait returns

To be made public

Besult to be declared

To be entered by secretary

Council shall ratify contract before submitting it to shareholders
Delinquent list

Notice

Delinquent sale notice of

Time of

Dissent — See protest

Elections,, regular, to be held when

Election Board how appointed

Electors may appoint when

Elections — Special — See special elections
Governors:

To solicit stock subscriptions

1-3

4-3

£0

15-18

4-5

Ill

To prescribe form of certificate

To employ legal adviser ,

To declare result of election

Shall approve contract before submitting to shareholders.

Shall transmit to council ,

To order special election

Inspectors of election ,

Electors may appoint when 1

Ballots to be delivered to

Irregularities, not to prejudice

Judges of election

Electors may appoint when

Licgal adviser to be employed by Governors

Members of council, may be expelled

Cause to be entered

Yeas and nays necessary

Minutes of council

Notice of regular election

Of special election..

Officers of the Council

Officers, how voted for, when name not on ballot

Paliamentary rules

Petition for candidates names

Protest, members may enter

Publication of notices:

Regular election

Special election ,

Polling places. Governors to provide ,

Poll list, form of

Not to be rejected because irregular

Polls, when to be opened

Polls, when to be closed

Quorum of Council

Qualification of officers

Redemption of land sold:

May be made when

How made

Redemption fund

Ilegister of election

Made 5 days before election

Form of

Shareholders must be registered

Copies of register

To be posted

Special election authorized i. .. ..

How called

3-2

2-34

How conducted i 46-47-49-50-51 28

Shareholder, may vote in more than one district 4 17

Cannot vote unless registered 5 17

Stock, preliminary, rights of holders.. 2 2

Salaries of officers, President .. l 5

Treasurer 2 5

Secretary 3 5-33

Legal adviser 1 2-34

Board of governors 4 6

Special services 5 6

Secretary — to give bond 3 5

To publish notice of election 2 16

To prepare election regrister 3 16

To have register printed 6 17

To receive election returns 33-34 25

To draw warants 4 G

To prepare duplicate asessment list 6 9

To charge treasurer with amount of list 7 9

To issue certificate of election 39 26

To issue call for special election 45 27

To have copy of proposed undertaking printed 44 27

Terms of office 1-2 o3

Treasurer, to give bond 2 b

To receive money 2 2

> 12 10

13 17

To issue certifiicates 17 13

22 14

To record certificates 19 14

Voting, maner of |. 15-16 20-21

Votes, how counted 20-30 23-24

Yeas and nays necessary

to expel a member 10 3

on pasage of by-laws 13 3

By-Laws of the Salt River Valley Water
Users' Association

1903-1904

DUTIES OF OFFICERS, AUTHORITY OF BOARD OF GOVERNORS TO
ISSUE CERTIFICATES OF STOCK AND TO
EMPLOY REGULAR LEGAL ADVISER.

Adopted February 14th, 1903.

ARTICLE I.

Section 1. The officers of this Council shall consist of a chairman
and a clerk and of such other officers as its convenience may require.

Section 2. The chairman shall be the presiding officer of the
Council, and exercise and perform the usual powers and duties usually
incident to that office in deliberative bodies.

Section 3. The clerk shall keep accurate minutes of the proceed-
ings of the Council and shall perform such other duties as may from
time to time be imposed upon him by the Council.

Section 4. All by-laws shall immediately after their adoption
be accurately engrossed, certified to as accurate by the chairman and
clerk, and forthwith transmitted to the secretary of the Association.

Section 5. The rules of parliamentary procedure compiled by
Cushing, as far as applicable and whenever not otherwise provided, are
adopted as the rules of the Council.

ARTICLE II.

Section 1. The Board odP Governors shall proceed at once to pro-
cure subscriptions to the capital stock of this Association in such man-
ner as it shall determine to be the most effective and economical.

Section 2. The Board of Governors are hereby authorized and di-
rected to issue to subscribers for the capital stock of this Association

upon the pajTnent to tlie treasurer the sum of ten cents per share sub-
scribed for, a certificate reciting the fact of such subscription, the pay-
ment of said ten cents per share thereon, and that the holder of the certi-
ficate and his assignee is and are entitled to all the rights of a share-
holder of this Association, subject to all their liabilities and governed
by all the provisions of the Articles of Incorporation as to appurten-
ancy, transfer and forfeiture.

Such certificate shall be signed by the president and secretary as
prescribed by the Articles of Incorporation and a proper record kept
thereof. The legal holder of said certificate, subject to all the provi-
sions of the Articles of Incorporation and the By-Laws, shall be enti-
tled to have issued to him in lieu thereof when it can be issued a certifi-
cate or other evidence of the ownership of stock.

Section 3. The form of such certificate shall be adopted by the
Board of Governors.

ARTICLE in.

Section 1. The Board of Governors is hereby authorized to ap-
point and employ a regular legal adviser for this Association and fix
his compensation; provided that such compensation shall not exceed
the sum of two thousand dollars for the term ending April 1st, 1904.

ARTICLE IV.

GOVERNMENT OF THE COUNCIL AND RIGHTS OF ITS MEMBERS.
Adopted March 30th, 1903.

Section 1. On the 1st Monday in "May in each year, at 10 o'clock
a. m. the members of the Council shall meet at Phoenix, Arizona, at a
place to be provided for that purpose. If a quorum then appear they
shall be called to order by the President of the Association. Tlie Sec-
retary of the Association shall act as clerk pro tern; The Council
shall then proceed to elect its officers.

Section 2. The officers of the Council shall be a chairman, a
clerk and a sergeant at arms, and such other officers as it may deem
from time to time necessary for the convenient transaction of its busi-
ness.

Section 3. The chairman and clerk shall hold their respective
offices until the next ensuing annual meeting of the Council.

Section 4. The chairman shall preside over the deliberations of
the Council, preserve order and enforce the rules of the Council. He
shall as soon as they shall have been adopted, authenticate all by-laws
with his signature. .

Section 5. The clerk sliall keep a roll of the members, and call
the same at the opening of each daily or other session and shall note
in his journal those who were present and those who were absent at
each roll call.

Section 6. The clerk shall keep a journal wherein he shall enter a

minute of all the proceedings of the Council, and read the same to the

Council at the opening of each daily session. The clerk shall be the

custodian of all the books and papers of the Council during its sessions

except as otherwise directed by the Council.

Upon the adjournment of any session of the Council for a period of
more than 3 days, the clerk shall deposit all the books and papers per-
taining to the Council with the Secretary of the Association.

Section 7. The clerk shall attest the authentication of the adop-
tion of all by-laws and after their authentication by the chairman see
that they are forthwith ti*ansmitted to the Secretary of the Associa-
tion.

Section 8. The sergeant at arms shall attend all sessions of the
Council, see that the place of meeting is kept ready and convenient for
the use of the Council and enforce the orders of the Council and of the
chairman..

Section 9. The Council may for sufficient cause and by a two-
thirds vote of all the members elected, expel a member. The cause for
expulsions shall be stated in writing and entered in full on the jonmaJ.

Section 10. The yeas and nays of the members of the Council on
any question shall be entered on the journal at the request of any mem-
ber.

Any member may dissent from and protest against any act, pro-
ceeding or resolution proposed, and have the reason of his dissent or
protest briefly but substantially entered upon the journal.

Section 11. The doors of the Council room shall be open to the

public unless the room be ordered cleared because of disorder or the

numbers in attendance discommode the council in the transaction of

its business.

♦

Section 12. A majority of all the members elected shall consti-
tute a quorum for the transaction of business; but a less number may
adjourn from time to time to await a quorum.

Section 13. Every proposed by-law shall have at least three separ-
ate and distinct readings in open session of the Council before the

adoption thereof. On the final question of the adoption of a by-law the
vote shall be by ayes and nays and entered upon the journal.

Section 14. The right of any person claiming to be elected a mem-
ber of the Council may be contested by any other claimant to that offi-
ce or by any elector of the district claimed to be represented by such
person.

Section 15. The person contesting such election shall on or before
the first day of the regular session of the council next held after the
contested election, present to the Council a written statement verified
by himself, setting forth specifically the grounds of the contest and
shall before or at the same time deliver an exact duplicate thereof to
the person whose election is contested.

Section 16. The Council shall immediately upon the presentation
of the grounds of the contest consider the same, and if it shall deter-
mine that the statement contains valid grounds of contest, the Council
shall forthwith fix a da}^ not less than one or more than three days
thereafter for the hearing thereof, and shall cause notice thereof in
writing to be given to the contestant and the contestee. The hearing
shall be had before a committee of not less than five members of the
Council appointed for that purpose, who for the information of the
Council shall report its findings to the Council.

Section 1 7. The grounds for contesting an election of a member
of the Council are either of the following: 1. That he does not possess
the qualifications of a member of the Council as prescribed by the Ar-
ticles of Incorporation of the Association.

2. That he did not receive a plurality of the valid votes for
that office at the election therefor.

3. That a sufficient number of votes were procured to be cast at
such election by the person whose office is contested, by fraudulent or
corrupt means, which if not coimted would leave less than a plurality
to be counted for him. I

4. That the person whose election is contested, procured by
fraudulent or corrupt means, the absence of such a number of voters,
who, if they had voted would have voted for another candidate, would
have given the other candidate a plurality.

5. That illegal votes were received and counted for the contestee
in number sufficient if rejected to change the result.

6. That there was such, a substantial departure from the by-laws
in the manner of conducting the election as to make it doubtful
whether a fair expression of the electors has been obtained.

Section 18. Upon the conclusion of the hearing of the contest the
Council shall enter the finding upon the journal that the contestee was
or was not duly elected. If it shall find that he was not
duly elected, such person shall not sit as a member. If the
contestant also claim the office and it shall appear that he was duly
elected the Council shall so declare and the contestant shall thereupon
be admitted to office. If the contestant do not claim the office, and
the Council shall declare the contestee not elected thereto, there shall
thereupon be a vacancy to be filled as prescribed by the Articles of In-
corporation.

Section 20. The caption to proposed by-laws shall be, 'T^y-law
adopted by the Council of the Salt Eiver Valley Water Users' Asso-
ciation the day of 19 , concerning (or relating to)

(then state generally but briefly the subject of the by-law.)"

When adopted the by-law shall have appended to it the statement,
'^adopted day of -, 19 .

'^Chairman Council.''

ARTICLE VIII.

SALARIES AND OFFICIAL BONDS.

Adopted April 4th, 1903.

Section 1. The president of this Association shall receive an an-
nual salary of two thousand dollars to be paid in equal quarter yearly
installments on the first days of August, November, Februar}^ and May.

Section 2. The treasurer of this dissociation shall receive an an-
nual salary of fifty dollars, to bo pi id in equal quarterly installments on
the first days of August, November, February and May, and shall be-
fore entering upon the duties of his office, execute to the Association,
a J)ond in the sum of Ten Thousand Dollars ($10,000) conditioner! that
he will faithfully perform the duties of his office which bond shall be
approved by the Board of Governcrs, and filed with the president of the
Association, said bond to be a surety company's bond, and paid for by
the Association.

Section 3. The secretary of this Association shall receive an annual
salary of one thousand dollars, to be paid in equal quarter yearly in-
stallments on the first days of August, !N"ovember, February and May,

and before entering upon the duties of his office he shall execute to the
Association a bond in the sum of five thousand dollars conditioned that
he will faithfully perform the duties of his office, which bond shall be
be approved by the Board of Governors and filed with the president of
the Association, said bond to be a surety company's bond, and paid
for by the Association.

Section 4. Each member of the Board of Governors other than
the president, secretary or other member who draws a salary, shall re-
ceive the sum of two dollars for each day by him in actual attendance
upon the meetings of the Board of Governors, and engaged in tlie
business of the Association, and in addition thereto the sum of five (5)
cents for each mile counting one way only, necessarily and actually trav-
eled in such attendance. Such compensation shall be paid quarter
yeariy on the first days of August, N"ovember, February and May. Eadi
member shall on or before each quarter day make out a verified statement
of the actual number of days of attendance by him during the next preced-
ing quarter, upon the meeting of the Board, and number of miles nec-
essarily and actually traveled by him in such attendance, and present
such statement to the president. If the president shall find the same
correct, he shall endorse it with his approval, stating the amount for
which he approves it, and the secretary shall thereupon draw and coun-
tersign, and the president shall sign, their warrant upon the treasurer
for the amount so approved.

Section 5. If the Board of Governors should deem it necessary or
advantageous, to cause one or more of its members to visit part or
parts of the Eeservoir District for the purpose of investigating and
viewing any part of the works of the Association, for the informat'on
of the Board in the transaction of its business, or to send any person or
persons to Washington. T). C, for the benefit of this Association, the
Board shall specifically authorize or direct the same and may allow
compensation therefor, provided such compensation shall not exceed
two dollars ($?.00) per day actually engaged therein, and for reim-
bursement for actual expenses incurred therein: and provided furiiher
that no salaried officer shall receive comx)ensation for such service, ex-
cept his actual expenses.

Section 6. No officer of this Association shall receive any compen-
sation directly or inclirectly for any services rendered by him for it, ex-
cept under and according to the provisions of this or some other by-law
of this Association. '

ASSESSMENTS.

Adopted July 24tli, 1903.

Section 1. Assessments for the ordinary cost of operation, main-
tenance and repair of the works of the Association and as well of those
the maintenance and control of which are or may he lodged with the
Association shall he payable in equal semi annual installments, one on
the 1st Monday in March and the other on the 1st Monday in Sepetra-
her of each year.

Section 2. At the regular meeting of the Board of Governors to he
held on the 1st Monday in June in each year that Board shall make
an estimate of the probable cost of maintenance, operation, repair and
control for the next ensuing year. In making such estimates the Board
may make reasonable allowances for probable delinquencies and by
such allowajnce increase the amount of the estimate to be assessed and
collected: and shall also take into consideration any money belonging
to the Association or that may be probably paid into the treasury and
be available for use for that purpose during the ensuing year, and by
that much diminish the amount of money to be collected upon such as
sessment.

It shall be the purpose of the Board to estimate so that the
amount of money collected for that purpose in each year shall as near-
ly exactly as may be practicable, eq^^al the necessary expenditure there-
for during that year.

Section 3. Within ten days after the first day of said June meet-
ing the Board shall cause to be published in some newspaper published
within the Reservoir District a statement showing:

1. The estimated cost of labor and material.

2. The estimated cost of salaries of officers and wages of regular
employes.

3. Other costs, anticipated and the nature and purpose for which
it isi to be incurred.

4. The total of the estimated cost.

5. The number of shares against the owners of which the cost is
to be assessed and

6. The assessment per share.

Such statement shall be signed by the president and secretary and
shall be published for at least, 15' days in every regular issue of the
newspaper in which it shall be directed by the Board to be published
during that period.

Section 4. On the 1st day of the regular meeting in July and
after the puhlicatiou of the statement as prescrihed in Section 3 of this
by-law the Board shall take up the consideration of the assessment of
the cost of maintenance, operation repair and control. Any one or more
of the shareholders may appear at said meeting and in writing object to
the published estimates. The written objection shall be noted in the
minutes of the proceedings of the Board and filed and preserved by the
secretary amon.ar the records of his office. If it be made to appear to
the satisfaction of the Board that the estimates or any of them are too
high it or they may be accordingly reduced, but in no case shall they
or the aggregate of them be raised.

Section 5. After due consideration of any objections that may
have been presented the Board and -within 15 days after the 1st day
of the regular July meeting shall make an order to be entered on the
minute book which shall be in substantially the following form:

The Board having heretofore on the day of ,

19 , estimated the probable, ordinary cost of maintenance, operation,

repair and control of the works of the Association and of those this
Association is charged with the maintenance and control for the next
ensuing year as follows:

1. The estimated cost of labor ancf material $

2. The estimated cost of salaries of officers and wages of reg-

ular employes . ^ $

3. Other cost anticipated for $

4. The total estimated cost for the year ending August 31st — $

5. The number of shares against the owners of which such is to

be assessed $

6. The assessment per share $

And the Board having caused a statement of such estimate to be

published in the — , a newspaper published in the

Beservoir Di-trict, the first of which publications was on the

day of . 19 . and the last on the day of

19 and in every regular issue thereof between those dates.

And the Board having met on the day of June,

in regular session for the consideration of the proposed assessment and
all objections thereto having been duly considered and no change hav-
ing been made in said estimates (if that be the fact; and if there has
been changes then say: "And the estimate for" stating it 'Tiaving
been reduced to," etc., so that the same now stands.

"" 1 etc.

2 etc.

3 etc., 4 etc., 5 etc., 6 etc., etc., etc.

It is now therefore ordered that there be and there is hereby levied
against the owners of each share of the capital stock of this Association
and that the same be and is hereb}^ declared a lien on the
land to which the same are appurtenant, to raise revenue for
defraying the estimated cost of the maintenance, operation and
repair of the works of this Association, and the maintenance
and control of those the management and control of which
is lodged in this Association for the year ending the 31st day of Au-
gust, 19 , the sum of dollars and cents. Whereof

dollars and cents are payable on the 1st Monday of

September and dollai'S and cents on the 1st Monday of

March, 19 .

Section 6. Upon the entry of said order it shall be the duty of
the secretarv^ forthwith to make out a list in alphabetical order of all
the owners of shares of the capital stock of this Association with the
Post Office address of each and showing the number of shares owned
by each and the lands to which they are appurtenant. The list shall
be known as the assessment list for the year ending 31st day of August,

1^ ? and shall be made out in duplicate and shall be substantially

the following form.

ASSESSMENT LIST.

Year ending 31st day of August, 19 — .

Name of
Shareholder

No. of
Shares

Land to Which
Appurtenant

Post Office
Address

Section 7. Upon the completion of said duplicate lists they shall
be signed by the president, countersigned by the secretary and attested
by the seal of the Association and one copy thereof shall be forthwith
delivered to the treasurer of the Association. I^pon the delivery to
the treasurer of the duplicate list he shall be thereupon charged by
the secretary in a book to be kept for that purpose with the entire
amount thereof.

Section 8. Upon the receipt of the duplicate assessment list the
treasurer shall forthwith write or print, and mail post paid to each of
the shareholders mentioned in the list a notice which shall be in sub-
stantially the following form:

Phoenix, Arizona,

Salt River Valley Water Users' Association:

Treasurer's Office.
You are hereby notified that the duplicate assessment list for or-

dinary expenses for the ensuing year ending 31st day of August, 19 — ,
has been placed in n\y hands for collection.

The amount assessed against you is $ , one half of which

is now due and payable, the balance will be due and payable on the 1st
Monday in March,

If 1st installment is not paid within thirty days it will be deemed
delinquent and your headgate will be closed until such payment is made,
according to Section 11 of Art. 5 of our By-laws.

Treasurer S. R. V. W. U. Ass'n.

Such notices shall be plainly addressed to the address of each stock-
holder as noted in the share register. .

Section 9. If any shareholder shall fail to pay any semi-annual
installment of the assessments ordered, made and levied under the pro-
visions of this by-law, within thirty days from and after the same shall
be payable by the order therefor, the same shall be deemed delinquent.

Section 10. A shareholder may pay either the first semi-annual in-
stallment, or both the first and second installments, at his option, at
any time before the second installment of the annual assessment shall be
due.

Section. 11 During the period of the delinquency in the payment
of any assessment under the provisions of this by-law no water shall be
served to or for the use of the delinquent shareholder. The with-
holding of service of water to delinquent shareholders under the pro-
vision of this section shall not, however, be deemed a waiver by
the Association of any other or simultaneous procedure for the
enforcement of ^he payment of delinquent assessments prescribed by
the by-laws, but such other procedure may be pursued notwithstand-
ing.

Section 12. Assessments levied under the provisions of this by-
law shall be payable to the treasurer of the Association at his office in
Phoenix during ordinaiy office hours. It shall be the duty of the
treasurer to give each shareholder paying his assessment or any install-
ment thereof a receipt dated of the date upon which payment was
made and stating by whom payment was made, upon what number of
shares paid and a descritption of the land to which they are
appurtenant, upotn account of what assessment or installment
of assessment it was paid and the amount of the pay-
ment. The treasurer shall not, however, receive any amount less than

that due at the time of the payment upon installments then due and
payable or^, at the option of the payee, of the whole assessment for the
current year.

The treasurer shall also note on the duplicate assessment list the
date and amount of payment and the person by whom paid.

Section 13. Within ten days after the expiration of thirty days
after the day fixed for the payment of the second semi-annual install-
ment of an assessment made and levied under the provisions of this by-
law the treasurer shall make out a lisl of all shareholders who are de-
linquent in the payment of either or both of the semi-annual install-
ments of said assessments and the amoimt of such delinquency which
list shall be known as the delinquent list of assessments for ordinary ex-
penses for the year ending 31st day of August, 1 9 — , and shall Ije in
form as nearly like that of the origiral duplicate as practicable with
proper adaptations thereto.

Section 14. Upon the completion of the delinquent list mention-
ed in the foregoing section of this by-law the treasurer shall forthwith
make out and address and mail, postpaid, a written or printed notice to
each of the delinquent shareholders named in the delinquent list. Said
notice shall be in substantially the following form:

Salt Eiver Valley Water Users' Association.

Treasurer's Office,
Phoenix, Arizona.

You are hereby notified that the assessment levied by this Associ-
ation for ordinary expenses for the year ending 31st day of August,

19 — , is past due and you are delinquent. The amount due is $

In due course proceedings will be taken to enforce payment thereof as
provided by the by-laws.

Treasurer S. R. V. W. U. Ass'n.

Section 15. Not less than thirty days and not more than 45 days
after the completion of the delinquent list the treasurer shall cause to
be published in a newspaper published and of general circulation within
the Reservoir District described in Article IV of the Articles of Incor-
poration of this Association a notice in the form following; that is to
say:

NOTICE OF DELINQUENT SALE.
Notice is hereby given that

Whereas on the day of , 19—, the Board of

Governors of the Salt River Valley Water Users' Association by virtue

of the powers vested in it by the Articles of Incorporation of the said
Association and of the by-laws adopted by the Council thereof, ordered
the levy of an assessment against the shareholders of said Associa-
tion and declared the same to be a lien on the lands to which the
shares of the capital stock of the Association of the several share-
holders are appurtenant of $ • per share one half thereof to be

payable on the first Monday of September, 19 — and the other half on
the first Monday of March, 19 — , and

Whereas the shareholders mentioned in the list herein below print-
ed have failed and neglected to pay the amount so levied against them
respectively.

And whereas it appears that all proper things prescribed by said
Articles of Tncorpoation and the by-laws of said Association for the
making, ordering and levying of said assessments to fix the lien thereof
on the lands to which said shares are appurtenant have been done.

Now therefore, by virtue of the premises and of the power con-
ferred on me by the by-laws of said Association, I will offer for sale at
public auction to best bidder for th9 least part or portion thereof, for a
sum sufficient to pay said assessment and the costs of this advertisement
and of said sale, the lands in said list described owned by the person
therein named for the amount noted against them respectively. Said
list is as follows:

Name of | I No. of acres

Delinquent j Description and No.

Shareholders i of land of shares

Amount
Assessed

Cost

Total

Said sale will commence at 10 o'clock a. m. on Monday the

day of , 19 — , at the front door of the court house of Mar-
icopa County, Arizona, and there continue during the hours of 10 a. m.
and to 4 p. m. of each day, from day to day until all said property or
so much of the several pieces thereof shall be sold for sums sufficient to
pay said annual assessment and the, costs aforesaid.

Given under my hand this day of , 19 — .

Treasurer Salt River Valley Water "Users' Association.

Said notice shall be published on the same week day of at least
three successive weeks in said newspaper.

Section 16. On the day advertised therefor, the treasurer shall at-
tend at 10 o'clock a. m. at the front door of the court house of Marico-
pa count}^ Arizona and then and there offer at public auction and sell

the least portion of the lands of the delinquent shareholders to wh.ich
the shares are appurtenant, that will sell for a sum sufficient to pay the
delinquent assessment and 'he costs levied against them respectively.

For the purpose of paying the costs of the advertisement of such
sales the treasurer before publishing the same shall add to and collect as
a part of each assessment the sum of twenty-five cents (25c).

Such sales shall be for cash and the property sold shall be openly
struck off to the successful bidder therefor and a note in writing there-
of instantly made by the treasurer who shall act as clerk of said sale, on
the delinquent list or a copy thereof. Said sales shall continue from
day to day between the hours of ten a. m. and 4 p. m. until all such
property shall have been sold, or so much thereof as shall be necessary
to pay said delinquent assessment.

Section 17. On the completion of each of said sales and the pay-
ment of the purchase price therefor by the purchaser, to the treasurer,
he shall make out and deliver to the purchaser a certificate. The cer^
tificate shall be in substantially the following form:

It is hereby certified that on the day of , the

Board of Governors of the Salt River Valley Water Users^ Association
made and ordered an assessment for the ordinary' expenses of operating,
maintaining and rejoairing its irrigation works against all the

shares of the capital stock of said association of $

per share, and declared the same to be a lien on the lands

•to which said shares are respectively appurtenant. That

is the owner of shares of said capital stock which

ai-e appurtenant to the following described lands, viz: situated

in Maricopa County, Arizona, and being —

, Township , Eange , East Gila and Salt River Base and

Meridian lines, containing acres, maldng the assessment against

said shares and the lien on said lands $ .

That said shareholder failed and neglected to pay said assessment
within the time prescribed therefor, by said order of assessment and
the by-laws, and after due advertisement as prescribed by the by-laws,
I sold at public auction the following, being a part of said lands, to-wit:

Sec. Township , Range East, containing acres, to

, for the sum of $ , that being the amount of said

assessment then due and unpaid and costs, and that being the smallest
portion of said lands against which said assessment was levied that
would sell at such sale for that amount.

If said land last hereinbefore described be not redeemed as pro-
vided by the by-laws of said association then

or his assigns will on the day of , 19 — , be entitled to

a deed of conveyance thereof.

Witness nay hand in duplicate this day of , 19 — .

Treasurer Salt River Valley Water Users' Association.

(Ordinary form of acknowledgment.)

Section 18. Said certificate shall be made in duplicate one af
which shaU be delivered to the purchaser, and the other may be filed arid

recorded with the Recorder of ^laricopa county, Arizona.

Section 19. Before delivering the certificate as above prescribed
to the purchaser, the treasurer must enter in a book to be kept by him
for that purpose the name of the shareholder whose land was so sold,
the description of that part of the land sold, the date of the sale,
the name of the purchaser and the amount of the price for which the
land was sold. The entries in such book shall be numbered consecu-
tively, and the corresponding number of the entry shall be endorsed on
the certificate of sale.

The book so kept shall remain in the treasurer's ofhce and shall be
open to the public inspection duriag business hours while not in use by
the treasurer in the discharge of his duties.

Section 20. If by any reason of in*egularity in the making and en-
try of the order of any assessment, or in the subsequent proceedings in
these by-laws prescribed for the enforcement of the lien for such assess-
ment, the sale herein provided for shall be adjudged by any court of com-
petent jurisdiction to be invalid, the lien for such assessment shall never
theless remain undischarged and may be thereafter enforced as provid-
ed for the enforcement of the pa}Tnent of delinquent assessments.

Section 21. A redemptioii of the property sold may be made by
the owner thereof, or any party in interest, within 12 months from the
date of sale or at any time thereafter prior to the application for a deed
by the purchaser or his assigns as hereinafter provided.

Section 22. A redemption is effected by the pa3^ment by the re-
demptioner to the treasurer of the association for the use of the pur-
chaser or his assigns the amount of the purchase money with interest
thereon at the rate of 3 per cent per month from the date of the sale
to the date of redemption. Upon such pa^Tuent to the treasurer, the
treasurer shall make out and c^eliver to the redemptioner a certificate
in substantially the following form:

Certificate of Sale No.

SALT EIVEE VALLEY WATER USEES' ASSOCIATION^
TEEASUEEK'S OFFICE.

' Phoenix, , 19 — .

This is to certify that , owner of the lands hereinafter

descrihed has this day paid to the treasurer of the Salt Eiver Valley

Water L' sers' Association the sum of dollars in redemption

of , Section , Township , Eange — , East Mar-
icopa County, Arizona, from a sale thereof made by said treasurer for

delinquent assessments made on the day of , 19 — ,

said sum being the amount of purchase money therefor and interest
thereon at the rate of 4 per cent per month from date of such sale to
this date. Said sum is paid for the use of the purchaser at such sale
or his assigns.

Treasurer S. E. V. W. U. Ass'n.

Section 23. Upon the redemption of any lands from a sale as here
in provided the treasurer shall note on the book wherein such sale is
entered the fact of such redemption by writing or stamping opposite
said entry tlie word "redeemed/'^ the date of the redemption, by whom
redeemed and the amount paid for redemption.

Section 24. If the redemptioner shall require it the president
and the secretary of the association shall also join in the execution of
the redemption certificate prescribed by section 22 and acknowledge
the same in the form prescribed by law for the acknowledgment
of deeds of conveyance of real estate. The cost of acknowledgment
shall b paid by the redemptioner as a part of the redemption money.

Section 25. Whenever any lands are redeemed from sale under
the provisions of these by-laws the redemption money shall be kept by
the treasurer, in a separate and distinct fund until paid out as herein-
after prescribed, to be known as the "Eedemption IHind/' When any
purchaser of lands which have been redeemed from the sale or his as-
signs shall produce to the treasurer the certificate of sale and it ap-
pears to the satisfaction of the treasurer that the holder thereof is the
owner thereof, the treasurer shall thereupon pay him the redemption
money, and shall take up the certificate of sale and plainly and indelli-
bly mark across the face thereof the words "redeemed and cancelled/^
stating the date of the cancelation and shall thereafter preserve such
cancelled certificate among other records and papers of his office.

Section 26. If the land is not redeemed within the time and in
the manner hereinbefore prescribed, the purchaser or his assigns may
apply to the treasurer for a deed therefor^ by presenting to him the cer-
tificate of sale and proper evidence of his ownership thereof. There-
upon the treasurer shall make out a deed for the land so sold to the
purchaser or his proper assign.

Said deed shall recite substantially the matters contained in the
certificate of sale and the further facts that the land has not been re-
deemed from the sale and that the time for redemption has expired.
The treasurer shall collect of the purchaser the sum of 50 cents to de-
fray the cost of making and acknowledging the deed.

The deed shall be in the name of the asociation and shall be sign-
ed and acknowledged by the president and secretaiy.

ELECTIONS.

Adopted July 24th, 1903.

Section 1. General elections shall be held on the first Tuesday of
April of each year. Special elections shall be held as in these by-laws
hereinafter provided.

Section 2. At least thirty days before any general elections the
secretary of the association shall cause to be published in two news-
papers pubHshed and of general circulation in the Eeservoir District,
one on the north and one on the south of the river to be designated by
the Board of Governors, a notice stating the time of holding of such
election, the offices to be filled thereby, and what if any proposition is
to be voted on by the shareholders at such election.

Such notice shall be published in every regular issue of the news-
paper, in which it is designated to be published, after its first publica-
tion until the day of election.

Section 3. At least five (5) days before the day fixed by the ar-
ticles of incorporation for any general election, or appointed as herein-
after provided, for any special election, the seci^ary shall make out an
election register. Such election register shall deuote the names
of the shareholders of the association, the number of shares owned by
them respectively which they are entitled to vote and the ooiuicil dis-
trict in which the land to which such shares are appurienant, is situ-
ated. The list shall be made into parts so that the names of all the
holders of shares appurtenant to lands in the several council districts
shall appear collectively under the headings for the several districts and
the names therein shall be alphabetically arranged. The lists shall be
in substantially the following form.

17
SAI.T EIVER VALLEY WATER USERS' ASSOCIATION.

Election List.

Election 19—.

Lands in First Council District.

Entitled to
Voting Names vote No.

No. shares.

Section 4. Said register shall contain the names of those share-
holders only, who appear on the records of the association to he share-
holders on the tenth (10th) day hefore the day of election
and no shareholder's name shall he entered in said register
more than once, provided, however, if a shareholder he the
owT3er of lands in more than one district to which
shares are appurtenant he may designate to the secretary, at least 5
days hefore the day of the election, the numher of shares he wishes to
vote in each of such districts, not exceeding, however, in the aggre-
gate, 160 votes in all, and the secretim^ shall so enter his name on the
register under the appropriate headings.

Section 5. No shareholder shall he allowed to vote unless his name
shall appear on the election register, nor shall he cast more votes than
the numher of votes to which he is entitled to vote as shown thereby
in the distncts wherein he tenders his ballot.

Section 6. As soon as such election register shall have been pre-
pared, the secretary shall cause, at least two hundred (200) copies
thereof to be printed. Of these printed copies, the secretary shall
cause 1 copy to be posted in his office, and deliver, upon demand, 1
copy each to the President and Board of Governors of this x\ssociation,
and transmit at least three copies to each Board of Election; preserve
five (5) copies in his office for inspection of electors, and of the remain-
der deliver one to each elector of the Association requesting the same,
until the edition is exhausted.

Section 7. At least ten (10) days before the day appointed for any
election, general or special, the Board of Governors shall appoint, for
each voting precinct, from among the shareholders of this Associa-
tion, resident therein, one inspector and two judges who shall appoint
two clerks and they shall constitute the election board for that precinct.

Section 8. If the Board of Governors shall fail to appoint a board
of election, or if all or any of the members appointed, shall fail to at-
tend the polls for service as meml>ers thereof by eight o'clock of the

morning of the election the electors of the precinct present at that
hour may appoint a board or supply the places of those absent.

Section 9. Before opening the polls the election board shall
cause two printed copies of the election register to be posted near the
polls and easy of access by the electors^ and there maintained during
the day.

OFFICIAL BALLOTS.

Section 10. All ballots cast at elections by the shareholders of
this association shall be famished^ printed and distributed by the as-
sociation and shall be in fonn. size, color as hereinafter prescribed.

Section 1 1. The names of candidates for the several offices to ba
filled at any election of this association shall be printed upon the offi-
cial ballot, if such persons be eJigible to the oiHce for which they are
candidates, upon the ^vritten petition therefore by not less than five per
cent of the shareholders owning land in the Eeservoir District if it be
for a general office or in the council district if it be for councilman or
member of the Board of Governors.

There shall be left a blank space for an additional name to be
voted for for each office, and which blank space the voter may write tbe
name of any persons whom he wishes to vote for, for said office, in the
same manner as he would vote for a person whose name is printed on
the ballot.

Such petition or petitions must^ however, be filed with the secretary
of the association, at least, five days before the election.

Section 12. It shall be the duty of the Board of Governors to
prepare and provide, as hereinaiter prescribed, ballots printed on white
paper containing the names of the candidates to be voted for at the
election, the printing of whose names thereon have been petitioned for
as hereinbefore provided.

Such ballots shall be in substantially the following form.

Stub !Ni o. — To be torn off by the Inspector.

SALT RIYER VALLEY WATER USERS' ASSOCIATION.

Election 19—.

OFFICIAL BALLOT.

COUNCIL DISTRICT.

No. of votes elector entitled to

Note. (The number of votes marked in the spaces must not exceed the

number you are entitled to as above noted^ nor miist the aggregate
of votes cast for any office exceed that number.)

So fold your ballot that all of this will be exposed to the In-
spector.

FOR PRESIDENT.. Votes.

Martin Van Buren

James Buchanan

Millard Eillmore

FOR VICE PRESIDENT
Chester A. Arthur
Eugene Hale

FOR MEMBER OF COUNCIL
for 1 year term

(One to elect.)

A. B.

C. D.

FOR MEMBER OF COUNCIL
for 2 year term

(One to elect.)

G.H.

I. J.

FOR MEMBER OF COUNCIL
for 3 year term

(One to elect.)

L. M.
N. 0.

FOR MEMBER OF COUNCHi
(To fill vacancy)

(One to elect.)

R. S.

T.U.

FOR MEMBER OF BOARD OF
GOVERNORS.

(One to elect.)

X. Y.

Z. A.

FOR THE RATIFICATION OF
PROPOSED CONTRACT WITH
U. S. WITH REFERENCE TO
CONSTRUCTION OF RESER-
VOIR AND TERMS AND CONDI-
TIONS.

Yes

No.

Section 13. The Board of Goyernors shall deliver or cause to be
delivered to the inspector of each voting precinct one package of 200
official baUots for each 50 voters and 100 for each fractional part there-
of whose names appear on the election register as voters therein. Such
delivery shall he at least 12 hours before the hour fixed for the open-
ing of the polls. '^ i
, [ CONDUCT OF ELECTION.

Section 14. The Board of Governors shall cause all polling
places to be suitably provided with a sufficient numljer of voting
booths or compartments, furnished with convenient shelves on which
voters can conveuiently mark their ballots and in the marking thereof
be screened from observation by others, and T^dth pencils with which to
enable the voter to mark his billot for voting. They shall also sup-
ply the polling places with proper ballot boxes and such tables, chairs
and stationery as may be convenient therefor.

Section 15. One of the clerks appointed as hereinbefore provided,
shall be designated by the Board to act as Ballot Clerk and the other
as Polling Clerk.

The ballot clerk shall at all times be under the supervision of the
Inspector and shall keep the bollats. not voted, within the polling place
and within plain view of the election board and the public and deliver
them only to qualified voters as hereinafter prescribed.

Every qualified voter before receiving an official ballot shall call
out his name to the ballot clerks. If his name be found on the elec-
tion register, the ballot clerk shall then hand him a blank official bal-
lot, first inserting with pen and ink in the sp^ge provided for that pur-

pose the number of votes which he is entitled to cast, to be ascertained
from the election register. The ballot clerk shall also, before deliver-
ing the ballot to the applicant therefor, wnte his name on the stub
thereto and shall call audibly to the polling clerk the name of the appli-
cant and the number of votes to which he is entitled, which the polling
clerk shall enter in the poll list in the order of the application for
ballots.

After the voter shall have received his ballot he may retire to
mark it. Having marked his ballot he shall hand the same to the in-
spector, in such shape that the inspector may easily see the number of
votes to which the voter is entitled as marked on his ballot by the
ballot clerk. ITie Inspector shall then first call out the name of the
voter and the number of votes he is entitled to cast as marked aforesaid,
the polling clerk shall compare the number so called with that indicat-
ed in the election register, and if they agree he shall so announce, au-
dibly, to the inspector. The inspector shall then tear off the stub at
the perforated line, leaving the number of votes the voter is entitled
to on the ballot and deposit the ballot in the ballot box, and announce
that it is voted, which fact shall then be noted by the polling clerk op-
posite the voter's name on his list. The inspector shall then file the
stub on a string to be used by him for that purpose. If, when the
inspector announces the name of the voter tendering him a ballot and
the number of votes he is entitled to as indicated by the mark on the
ballot, it should be found that the number so marked does not cor-
respond with the number of votes the voter is entitled to as shown by
the election register the ballot shall not be balloted but shall be handed
to the ballot clerk who shall destroy the same without noting or mak
ing known its contents or any or them; and the ballot clerk shall there-
upon on demand, deliver to the voter a new ballot properly indicating
the number of votes to which he is entitled.

If the voter should, in marking his ballot,, accidentally or by mis-
take wrongly mark it, he may surrender it to the ballot clerk who shall
give him a new one in lieu thereof properly marked with the number
of votes to which he is entitled and destroy the old one so surrendered
without noting or making its contents known. When the inspectoT-
shall announce that a voter has voted, that fact shall be noted on one
of the copies of the election register by one of the judges.

Section 16. The voter to indicate the person for whom he votes
and the number of votes he wishes to cast for that candidate shall write
in the space to the right of the name of the candidate he votes for, the
number of votes he casts for him. If the A^oter wishes to cast votes for
several candidates for the same office he may do so by marking in

figures the number of votes he ca^ts for the several candidates but in
no event shall he mark opposite any candidate's name a greater number
of votes than that indicated by the clerk in the space at the top of the
ballot made for that purpose, nor shall the aggregate of the votes he
casts for several candidates for the same office exceed ihat number.

Section 17. Substantially the following form of poll list shall be
used.

SALT KIVEE VALLEY WATER USERS' ASSOCIATION.

Poll List.

Of the election held in the ^precinct in the council dis-
trict of the above Association, on ^ the day of 19 — .

JITDGE.

JUDGE.

INSPECTOR

POLL CLERK.

NO. NAMES REG. NO. VOTES VOTED.

&c.

We certify that the number of votes cast at tliis election amounts
to "- — .

Attest Inspector Judge

. Judge Ballot Clerk

Poll Clerk.

Section 18. The counting sheets shall be in substantially the fol-
lowing form:

SALT RIVER VALLEY WATER USERS' ASSOCIATION.

Counting sheet showing names of candidates for the various oflices
named belawand the number of votes cast for them respectively.

President

Vice-President

Councilman 1st Dist.

a
S

1
»^

16 0

1 1 0

1 0

2 0

1
1

■ 1

17 0

3 0

&c.

We hereby certify that
tion for ; that

— received votes at said elec-

received votes for &c, &c.

ELECTION BOARD

Section 19. No poll list, counting sheet or other paper shall he re^
jected or set aside for mere irregularity so long as its proper purport
can he ascertained with reasonable certainty.

Section 30. No ballot shall he rejected for want of strict compli-
ance with the provisions of these by-laws, if by inspection thereof, it can
be, with reasonable certainty, determined that the voter has not cast
more votes than he is entitled to cast, and for whom he intended to
cast. I

If a voter shall have attempted to cast more votes than he is en-
titled to cast, as shown by the ballot clerk's mark on his ballot, the ex-
cess shall be rejected and the number indicated by the mark of the bal-
lot clerk shall be coimted as voted. If a voter shall cast ballots for
more than one candidate for an oftlce and the aggregate thereof does
not exceed the number of votes he is ^titled to cast to be determined by
reference to the ballot clerk's mark on the ballot, the votes shall be
counted as cast; if, b.owever, the aggregate number attempted to be cast
for several candidates for the same office exceed the number the voter
is entitled to cast, then none of the votes so attempted to be cast for
candidates for that oflfice shall be counted.

Section 21. Whenever the board of election rejects a ballot or a
part of a ballot that fact and the reason therefor shall be briefly
noted on the ballot and signed by the inspector and one of the judges

or by both judges, and the ballot shall be preserved and returned as
other ballots and papers are required to be returned.

Section 22. The election board must refuse to receive or allow to
be deposited in the ballot box any ballot that may be offered if it be
apparent that the provisions of these by-laws relative thereto have not
been substantially complied with. ' ' ;

Section 23. The polls shall be opened at S o'clock a. m. on elec-
tion day. the standard time to be midway between mountain (or 105
Meridian) and Pacific (or 120 Meridian) times, or what is commonly
known as Phoenix city time, and shall remain open until 5 o'clock,
same (Standard) time. i / '

Section 24. As soon as the polls are finally closed the election
board shall immediately proceed to canvass the votes given at the elec-
tion in its precinct. The canvass must be public and must be con-
tinued without adjournment until completed and result publicly de-
clared.

Section 25. The canvass must be commenced by taldng the bal-
lots without examiuation to observe their contents, and counting the
same, to ascertain whether the number corresponds with the number of
names on the list kept by the polling clerk and noted thereon as voting.

Section 26. If two or more ballots are found folded together the
board shall deterfine, if it can. whether such duplication or multiplica
tion was intentional. Tf the Board should conclude that snch duplica-
tion was accidental then all hut one of them shall be rejected and one
retained, otherwise they shall all be rejected.

Section 27. If upon a count the number of ballots in the box
should be in excess of the number shown by the poll list to have been
voted, the ballots shall be returned to the ballot box, and the inspector
shall then draw therefrom without selection, one at a time a number
of ballots equal to such excels, and destroy them. The board shall
then sign the poll list showing the number of persons who A^oted which
must agree with the number of ballots to be counted.

Section 28. After the poll 114 has been signed as above provided
for the board shall proceed to coun£ the votes cast for the various can-
didates and keep count thereof as they are read aloud. As each bal-
lot is counted or rejected it shall be strung on a string by one of the
judges and preserved and returned as hereinafter provided.

Section 29. "\Ylien all the ballots have been strung they shall be
placed in an envelope and sealed, and the inspector and the judges
shall endorse the envelope with their signatures across the seal thereof.

Section 30. In counting the votes and recording them on the
counting list of which there shall be two one to be kept by each clerk,
the inspector or one of the judges designated by him for that pui--
pose, shall call off from each ballot to be counted, the number of votes
cast and to be counted for each candidate and each clerk shall note the
same on his counting list under its appropriate heading. In counting
whenever votes from five ballots shall have been called o:ffi for any can-
didate for an office the calling shall cease and the votes for all the cani-
didates for that office shall be summed up and the sums in figures set
down in their proper columns, and when the votes from an additional
five ballots shall have been counted for a candidate for that office the
votes shall again be added to those' already added and so on until all the
votes for all the candidates have been counted, added and the sum of
the votes for each of the candidates shall have been so ascertained and
noted on the counting sheet. The members of the board shall then
certify to the correctness of the counting sheet, and shall to the poll
list append their certificate of the number of votes received by each
candidate.

Section 31. Before the board adjourns it must enclose in a cover
under seal, directed to the secretary of the association the copy of the
election register on which was noted the fact that the persons therein
named voted as the ballots were received the poll list and one of the
counting sheets.

Section 32. The inspector shall retain the ballot box in which he
shall deposit one of the counting sheets and the ballots cast at the
election for the period of thirty days, w^hen he shall deliver the same
unopened to the secretary of the association.

Section 33. The sealed package containing the register, the poll
list and the counting sheet shall, before the board adjourns, be deliver-
ed to one of the board to be designated by it, who shall thereafter with-
out delay deliver the same unopened to the secretary of the association.

Section 34. Upon the receipt of such package the secretary must
note thereon the day and hour of its receipt and thereafter safely keep
the same and produce it unopened before the Board of Governors
when it is in session for the purpose of canvassing the returns.

Section 35. The Board of Governors must meet at its usual place
of meeting at 10 o'clock a. m. on the 1st Monday after each election
to canvass the returns. If all the returns are not then in, the board
may adjourn to await them, from day to day, but not altogether for
more than six days.

Section 36. The canvass must be made in public and by opening

the retuTDs and ascertaining tlie inimber of votes received by each can-
didate for office or for or against ajiy proposition submitted to the

shareholders, recording the same and declaring the result.

Section 37. The secretary as soon as the result of the election is
determined shall enter on the records of the Board of GoYemors a state-
ment of such result which statement must show:

1. The whole number of votes cast in each council district and
the aggregate number for the A\hole reservoir district.

2. The name of the person for the office for which he Avas voted
and the number of votes received by him: and if a proposition shall
have been submitted to the shareholders, the general nature of the
proposition and the number of votes cast for or against it.

Section 38. The Board of Governors must declare elected the
persons receiving the highest number of votes given for that office and
enter that fact of record.

Section 39. The secretar}^ sliall thereupon make out and deliver
or send to each person so declared elected a certificate of his said elec-
tion., signed b}^ the president and secretary and authenticated by the
seal of the association. y^« 3

Section 40. Whenever it shall be proposed by the Board of Gover-
nors to undertake any work, make any purchase or incur or authoiize
any indebtedness except for the ordinary operation, maintenance and
repair of the works and business of the association, the cost or amount
whereof in any one year shall or may exceed fifty thousand dollars, a
special election may be called for tiie purpose of submitting the ques-
tion of the ratification thereof to the shareholders of the association in
the manner hereinafter provided.

Section 41. If the proposed undertaking be one contemplated by
Section 2 of Article IV of the Articles of Incorporation of this associa-
tion, and the Board of Governors approve the same, it shall signify its
approval by a resolution which resolution shall identify the piopo.-ed
undertaking by some characteristic denomination. Such resolution
shall be entered of record in the minutes of the board and a certified
copy thereof accompanied by a copy of the proposed undeitakiiig
shall be transmitted to the chairman of the council of this association.

Section 42. Upon the receipt by the chairman of the council of
the said resolution and proposed undertaking he shall issue his call for
a special meeting of the council if there be no regular or adjourned
meeting thereof then appointed fo.' a time within 11 days of the time
of the receipt of said copy of said resolution and proposed undertak-

ing. Said call shall specify a day and ho^ur for said special meeting
which day shall be not more than 10 nor less than 5 days from
the date thereof; and shall state the fact that a proposition designating
by the denomination adopted by the Board of G-overnors has been
approved by the Board and transmitted to the Council for
its consideration, and that the meeting is called for the purpose
of considering the same. Said call shall bear date of the date of its
issue, be signed by the chairman and countersigned by the clerk of
the council and written or printed copy thereof shall be delivered or
sent forthwith to each member of the council then within the reser-
voir district.

Section 43. On the day fixed in the call or its meeting then ap-
pointed within 11 days next after the transmission of said resoluiion
and proposed undertaking to the chairman, the council shall meet at
its usual place of meeting and consider the resolution and proposed
undertaking. If the council shall approve the same they shall adopt
a resolution to that effect and transmit the same with all the papers in
the matter to the secretary of the association.

Section 44. On the receipt by the secretary of the resolution of
the council approving the proposed undertaking the secretary shall
forthwith cause a copy of the proposed undertaking to be printed in a
newspapers published and of general circulation in the Eeservoir District
to be designated by the Board of Governors which publication shall be
at least 30 days before the election to be called for the ratification or re-
jection thereof by the shareholders.

Section 45. The secretary shall also issue a notice of a special
election for the purpose of submitting the question of ratifjdng or re-
jecting the proposed undertaking to the shareholders. Said notice
shall be in substantially the followdng form.

SALT EIVER VALLEY WATER USERS' ASSOCIATIOISr.

lN"otice of Special Election.

N'otice is hereby given that on , the day of

19 — , a special election by the shareholders of the Salt River Valley
AYater Users' Association will be held for the ratification or rejection
of a proposed undertaking and arrangement by and. between the Gov-
ernment of the United States and the Salt River aVlley Water Users' As-
sociation concerning the construction by the Government of the Unit-
ed States of a reservoir and other irrigation works for the benefit of
the shareholders of this association, a copy whereof may be seen at the
office of the secretary of this association, and a copy of which was pub-
lished in the on the day of , 19 — .

The shareholders will Tote yes or no on the proposition as they
express their ratification or rejection of it.

The election will be governed bv the by-laws governing general
elections of the association so far as they apply. Witness my hand

this day of , 19—.

. Secretary.

Salt River Valley Water Users' Association.
Section 46. The day for the election shall be fixed by the Board of
Governors and the notice thereof as above prescribed shall be published
in three newspapers published and of general circulation in the Eeser-
voir District: one in Phoenix, one in Tempe and one in Mesa. The
first of said publications shall be at least 30 days before the day fixed
for the election and shall continue in each regular issue of said news-
papers, respectively, until the day of election.

Section 47. The ballots for said election, shall instead of the
names of candidates and offices, contain the proposition: "Shall the
proposed arrangement and undertaking between the Government of the
United States and the Salt River Valley Water Users' Association con-
cerning the consti-uction by the Government of the United States of
a reservoir and other irrigation works for the benefit of the share-
holders of this association, a copy whereof may be seen at the office
of the secretary of this association and a copy of which was publish el
in the on the day of , be ratified.''

Yes

Otherwise the ballots shall be as those prescribed for general
elections of the association so far as those provisions are applicable.

Section 48. Such election shall be conducted, the vote counted,
the returns made and canvassed and the result declared as is provided
bv these by-laws for general elections making proper adaptations there-
to.

Section 49. Not more than 30 nor less than 10 days before any
election the Board of Goverruors shall by resolution spread on the min-
utes of its proceedings establish election precincts. The council dis-
tricts shall each constitute an election precinct but the board may di-
^dde them or any of them into two or more precincts as the couAen-
ience of the voters therein may require.

Section 50. In its resolution establishing election precincts the
board shall also designate the location of the polling places therein re-
spectively.

Section 51. The Board of Governor shall cause notice to be pub-
lished in at least three newspapers published and of general circula-
tion in the Heservoir District stating the boundaries of or otherwise
suffioien/tly denoting the election precincts, and the names of the elec-
tion officers appointed therein, and designating the polling places in
the several precincts. Such notice shall be published twice in each of
said newspapers before the day fixed or appointed for the election.

COUNCIL DISTKICTS.

By-law adopted by the Council of the Salt Eiver Valley Waiter
TJsers^ Association on the 27th day of February, A. D. 1904, dividing
the Eeservoir District into ten council districts, as pi;ovided for in Sec-
tion IV, Article VI, of the Articles of Incoporaton.

The territory described in Section III, Article IV, shall be and the
same is hereby divided into ten council distriits, as follows, to-wit:

DISTRICT NO. I.

Beginning at a point on the Arizona Canal where said canal inter-
sects the east section line of Section 25, Township 3 North, Range 2
East of the G. & S. K. B. & M. Lines, running thence in a northwester-
ly direction along the north line of the right of way of said Arizona
anal to t he end thereof at or near the quarter comer between Sec-
tions 5 and 6. Township 3 North, Range 1 East, thence west to the left
bank of the Agua Fira River, thence in a southerly direction along the
left bank of the Agua Fira River to the south line of Township 3
North, thence east on said township line to the southeast comer of
Section 36, Township 3 North, Range 2 East, thence north to the place
of beginning.

DISTRICT NO. 11.

Beginning at the northeast corner of Section 1, ToAvnship 2 North,
Range 1 East, running thence west on the north township line of said
township to where said line crosses the Agua I'ria River, thence south
on the left bank of said river to a point on the south line of Section 35,
Township 2 North, Range 1 West, to where the south line of Township
2 North intersects the Agua Fria River, thence east on said sohth town-
ship line of Township 2 North to the southeast corner of Section 36,
Township 2 North, Range 1 East, thence north on the east line of
To-wnship 2 North, Range 1 East, to the place of beginning.

DISTRICT NO. IIL

Beginning at the northeast corner of Section 6, Township 1 North,
Range 2 East, running thence west on the north township line of

Township 1 North, to where the gaid hne crosses the Agua Fria River.
being at a point on the north line of >Stction 2, Township 1 North.
Kange 1 West, thence in a southerly direction along the left bank of
the Agua Fria Eiver to a point in Section 14, Township ] North, Bange
1 eWst, where the line of the St. Johns Canal intersects the Agua Fria
River, thence in a southeasterly direction along the north line of the
right of way of the St. Johns Canal to the north bank of the Salt River,
thence across the Salt River to a point in Section 35, TowTisMp 1 North,
Range 1 East, where the east line of the Gila River Indian Reservation
intersects the south bank of the Salt River, thence in a southerly direc-
tion along the east line of said Gila River Indian Reservation to- the
base line between Townships 1 North and 1 South, thence east on said
base line to the southeast comer of Section 31, Township 1 North,
Range 2 East, thence due north to the northeast comer of Section 6,
the place of beginning.

DISTRICT NO. IV.

Commencing at the northeast comer of Section 2, Township 2
North, Range 2 East, thence due west on the north Hne of said town-
ship to the nori:hwest corner of Section 6, Township 2 North, Range 2
East, thence due south on the west line of said township to the south
west comer of Section 31, Township 2 North, Range 2 East, thence east
to the northeast comer of Section 6,Township 1 North, Range 2 East,
thence south one (1) mile to the southeast comer of Section 6, Town
ship 1 North, Range 2 East, thence east on section line five (5) miles
to the southeast comer of Section 1, To^vnship 1 North, Range 2 East,
thence north on east township line three (3) miles to the northeast cor-
ner of Section 25, Township 2 North, Range 2 East, thence west one (1)
mile to the northwest comer of Section 25, Township 2 North, Range 2.
East, thence due north on section line four (4) miles to place of begin-

DISTRICT NO. V.

Commencing at the tiortheast corner of Section 12, Township 1
North, Range 2 East, thence west five (5) miles on section line to the
northwest comer of Section 8, Township 1 North, Range 2 East, thence
due south five (5) miles to the south line of said township, thence west
two (2) miles on said township line to the point of intersection of said
township line with the east boundary of the Gila River Indian Res-
ervation, thence southeast following the boundary of the said Gila
River Indian Reservation to the township line between Townships 1 and
2 South, thence etst on said township line to the range line between
Ranges 3 and 4 East, thence north between Ranges 3and 4 East to tke

point of intersection of said range line with the Salt Elver, thence west
along the Salt Eiver to the point of intersection of said line of Salt
Kiver with the range line between Townships 2 and 3 East, thence north
on said range line to the place of beginning,

DISTRICT NO. VI.

Commencing at a point on the east line of Section 1 0, Township 2
North, Eange 3 East, where said section line intersects the line of the
Arizona Oanal, thence in a northwesterly direction along the north
boundary line of the right of way of the said canal to the point of in-
tersection of said canal line with the west township line of Township 3
North, Range 3 East, thence south on said township line to the south-
west comer of Section 31, Township 3 North, Range 3 East, thence
west on section line one (1) mile to the northwest comer of Section 1,
Township 2 North, Range 2 East, thence south on section line four (4)
miles to the southwest corner of Section 24, Township 2 Nirth, Range
2 East ,thence east on section line one (1) mile to the southwest comer
of Section IP, Township 2 North, Range 3 East ,thence south on section
line to the south bank of the Salt River, thence east along south bank
of Salt River to the point of intersection with east line of Section 22,
Township 1 North, Range 3 East, thence north on section line about
seven and one-half (7^) files to place of beginning.

DISTRICT NO. VII.

Commencing at a point on the right bank of the Salt River at
the mouth of the Verde River, thence in a southerly direction to the
head gates of the Arizona anal, thence in a general westerly direction
along the north line of the right of way of the Arizona Canal to east
line of Section 10, Township 2 North, Range 3 East, where the same
intersects the Arizona Canal, thence south on section line to south bank
of Salt River, thence in easterly direction along the south bank of Salt
River to the place of beginning.

DISTRIT NO. VIII.

Commencing at a point on the east line of Section 5, Township 1
North, Range -5 East, where said line crosses the Salt River, thence,
westerly along the south bank of said river to the point of intersection
of said line with the range lines between Ranges 3 and 4 East, thence
due south on said range line to the south township line of Township
1 South, Range 4 East, thence east on said township line to the south-
fiafit cornei- of Section 32, To^Miship 1 South, Range 5 East ,thence due
nori;h on section line about eleven and one-half (11^') miles to place
of beginniQg.

DISTRICT NO. IX.

Commencing at a point on the left bank of the Salt River where
the Highland Canal head is taken out near the east line of Section 24;
Township 2 North, Range 6 East, thence in a westerly direction along
south bank of the Salt River to the west line of Section 4. Township
1 Norfh, Range 5 East, thence south on section line to the base line
G. & S. R. B. & M., thence east on said base line to intersection of east
line of right of way of Highland Canal, thence in a northerly direction
along the east line of the riglit of way of the Highland Canal to the
Salt River at the point of beginning.

DISTRICT NO. X.

Beginning at the point of intersection of the line of the right 6f
way of the Highland Canal with the base line G. & S. R. B. & M. thence
west on said base line to the northwest comer of Section 4, Township
1 South, Range 5 East, thence south six (6) miles to the south line of
said township, thence west on the township line two (2) miles to the
northwest comer of Section 6, Township 2 South, Range 5 East, thence
south on range line between Ranges 4 and 5 East to the southwest
corner of Section 31, Township 2 South Range 5 East .thence east
on toA\Tiship line to the east line of the right of way of the East Branch
of the Consolidated Canal, thence north following the east line of the
right of way of the East Branch of the Consolidated Canal to the south
line of Section 2, Township 2 South, Range 5 East .thence east to the
section corner common to Sections 5, 6, 7 and 8, Township 2 South,
Range 6 east, thence north between Sections 5 and 6, Township 2
South, aRnge 6 East, to the east bank of the Highland Canal, thence in
a northerly direction along the east bank of said Highland Canal to the
place of beginning.

AMENDING SECTION 4 OF ELECTIONS.

Adopted March 23, 1904.

To amend Section 4 of by-law adopted by the Council of the Salt
River Valley Water Users' Association the 24t'h day of July, 1903, con-
cerning elections:

Section 1. Section 4 of the by-law adopted by the Council of the
Salt River Valley Water Users' Association the 24th day of July,
1903, concerning elec^ons, is hereby amended to read as follows:

Section 4. Said register =hall contain the name of those share-
holders only, who appear on the records of the association to be share-
holders on the twentieth (20th) day before the day of election, and no

shareholderls name shall be entered in said register more than once;
provided, however, if a shareholder be the owner of lands in more than
one district to which the shares are appurtenant, he may designate to
the secretary, at least five (5) days before the day of election, the number
of shares he wishes to vote in each of such districts, not exceeding, how-
ever, in the aggregate, 160 votes in all, and the secretary shall so en-
ter his name on the register under the appropriate headings."

REGULATING TERMS OF OFFICE OF OFFCIERS.

Adopted April 25th, 1904.

Section 1. The terms of office of the several officers of this asso-
ciation who are elected by the shareholders thereof, except where
they shall, or may be, otherwise prescribed by the articles of incorpora-
tion or by the by-laws of this association, shall begin at noon of the
first Monday of May succeeding the election therefor. Such officers
shall qualify by filing a written acceptance of the office on or before
said date and hour, with the secretary of the association.

Section 2. The terms of office of officers elected or appointed
otherwise than at a general electioln by the shareholders of this associa
tion, and unless otherwise prescribed by the Articles of Incorporation
or the by-laws of this association, shall begin when the person elected
or appointed thereto shall have qualified therefor by filing his written
acceptance of such office and his official bond if one be required with-
in ten days after he shall have been notified of his election or appoint-
ment to such office.

Secftion 3. If any person elected or appointed to any office in this
association shall fail to qualify within the time and in the manner pre-
scribed in the two foregoing seotion?, the office to which he was elected
or appointed thereupon be deemed vacant. Provided, however, that
no person shall hold, or exercise the functions of more than one office
in this association at the same tiine: and provided furthe,r however,
that this inhibition shall not apply to the person elected to the office
of vice president.

RELATING TO SALARIES.

Adopted April 25th, 1904.

Amending Section 3 of Article VIII., which reads:

"The secretary of this Association shall receive an annual salary of
One Thousand Dollars,'' be amended to read:

"The secretary of this Association shall receive an ajinual salary of
INvelve Hundred Dollars."

AUTHORIZING EMPLOYMENT OF LEGAL ADVISER.

Adopted May 2d, 1904.

Section 1. The Board of Governors is hereby authorized to ap-
point and employ a regular legal adviser for this association and fix his
compensation; provided, that such e(Mnpensation shall not exceed the
sum of two thousand dollars for the term ending on the first Monday
in May, 1905.

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