The Lamar register., 1896-12-19
NUMBER 90.

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| quired in the purchase OF state lands
under the present high water mark,
which amount may be paid in five equal
annual payments with Interest thereon
at six per cent, payable annually on
the first day OF January, the payment
| thereof 70 be satisfactorily secured, and
the remainder Of said capacity to ba
the property OF said storage company,
! to be primarily disposed of by the sale
| of water rights under the terms and
conditions provided by said storage
company 10 the owners OF lands lying
under the canal OF said canal compan-
vest of the Big Sandy creek, so far as
they may demand the same.
Fourth. The said canal company
shall have the prior and exclusive right
TO convey and deliver to the several
( owners Of rights TO water from said ca
\ nal the present carrying capacity Of
| said canal ut the present headgate or
/ rating hume. estimated nt $50 cubic
feet per second, or The amount allowed
| by the decree Of the district court. to
be conveyed. delivered and used In ae-
cordanco with Terms and conditions OF
Ithe water right deeds heretofore issued
by said canal company and It's pr.de-
cessors. and the surplus above said
present carrying capacity and all water
IN said canal not delivered to or used
| by said several owners OF rights to
water in accordance with the terms of
their said several water deeds shall be
permitted to flow 10 the canals and res
eryoirs OF said storage company. for
the use and benefit OF said storage com
pany, And To said King reservoir for
the joint use and benefit. upon the
terms herein provided, of the parties
/ hereto.
i Fifth. The said canal along the line
4 so enlarged, with the dams, headgates,
! fumes. embankments. waste, check and
division gates and measuring weirs and
other appurtenances, and the snid King
reservoir when developed and In use.
shall be 10 joint control and manage
ment of the parties hereto, for which
purpose two owners OF rights to water
from snid canal company, designated by
I said storage company, shall he annually
elected as members OF the board Of di-
rectors OF said canal company. subject
TO the prior and exclusive right OF said
| canal company to the control and man
| agement Of the volume of water to
which the several owners of rights to
water therefrom may be entitled, and
the annual expense of repairs and main
tanning Of said enlarged portions OF
said canal and OF said reservoir, inelud-
/ ing keepers of the head and division
gates, aud OF the King reservoir, shall
be borne by the parties hereto in tho
/ proportion that the volume OF water
annually obtained by them respectively
shall bear to the entire volume anuu-
ally delivered through said canal and
discharged from said reservoir; the
volume OF water obtained by each to be
aseertained by measuring weirs placed
at such points us will most accurately
determine the volume Of water used by
the parties hereto. respectively.
To insure the prompt ana economical
repair and maintaInance of said en-
larged canal and said reservoir. the
/ parties hereto shall on or before tho
first day Of April of each year provide
a fund equal to fifty per cent Of the
| estimated cost OF repairs and main
tainance during the ensuing yeer, each
party to advance for that purpose in
proportion to the amount of water used
during the preceding year.
In consideration of the benefits and
advantages TO be enjoyed by me in tho
CARRYING out of the terms of the above
contract. l hereby agree to the same
and consent that said storage company
may at once enter into the possession
OF that portion of the canal above
described, and to enlarge. improve and
use the same in accordance with the
terms of said contract, and l hereby
authorize and direct the directors OF
said New La Junta & Lamar Canal COM
| pany. and the officers thereof. to exc
cute the above instrument upon behalf
OF said company.
e . . = -.