Arizona republican., 1896-06-16

LlOuS duu lIIllIdllOuS uSISlu pISSCllUOo and provided, and to such extent shall have vested and indefeasible interest
 in the canals, ditches dams and gates
 of the party of the first part.
 Second, The party of the second part for itself, its successors and assigns,
 agrees to pay to the party of the first
 part, its successors and assigns, on the
 first day of May of each year, as water
 rental for the said eighty (SO) acre
 water right, sum to be fixed by the
 party of the first part, and not to ex-
 ceed the sum of two and fifty one
 hundredths (s250) per acre.
 Provided, however, that no water
 rents shall become due until water | shall have been conducted in the canal
 of the party of the first part, conve-
 nient to be conducted on the lands |
 above described, and notice thereof
 given to the party of the second part.
 Third, Said water rights shall be used
 to 1rrigate the land above described, | and no other land, and for no other
 purpose except for domestic purposes,
 and for stock kept thereon, and under
 no circumstances shall said water, or
 any portion thereof be used for min ing, milling, municipal or mechanical
 power, or for any other purpose not
 directly connected or incidental to az
 ricultural and horticultural purposes. T Fourth, The said party of the first part shall not be required to furnish greater quantity of water for said water
 right than may be reasonably neces-
 sary for the production of good crops, under skillful irrigation and cultiva-
 tion
 :. Fifth, The party of the second part. its successors and assigns, shall not permit said water or any portion
 thereof to run to waste.
 f Sixth, The party of the second part.
 or it's agents, shall give written mo-
 t1ce to the secretary, or the duly au-
 thorized agent of the party of the first
 part, whenever the use of water shall be needed for the purposes aforesaid I stating the amount of water required. t and the time during which such water e shall be required. It shall thereupon S be the duty of the party of the first f party, upon receipt of all water rate l then due upon said water rights to de S liver to the party of the second part d the water to which it is entitled under . these presents, at a gate on the line of = V the party of the first part most con- < venient to the lands of the party of the i second part above described. and said
 water shall be measured at such gate j. by the party of the first part, and after S sucn measurement, the party of the ]. second part shall and does by these ]. presents become the owner of such l. water after the same passes over and Il through said gate, and the manner ot
 delivery, measuring and regulating the l- supply Of the water to the party of the ; second part shall be prescribed by the
 party of the first part, and shall be al e all times under it's control, and if the ,f party of the second part or it's assigns le or servants or employees, shall in any le manner change, open or shut any Ie measuring box, or by any means in
 crease or diminish the flow of watel
 through any gates or apertures, with
 out the consent of the party of the frs
 part, or in case the party of the sec
 ond part shall use or supply water fo
 any other land than described afore e. said, or shall allow any person to us
 u except for agricultural, horticul ie tural or domestic purposes upon tn A above described land and premises. O le snail in any way whatever take wate a. rom any ditch, canal, latera1s, or sub d laterals, supplied with water bv tn 1e party of the first part, except througl y- a W1er or measuring gate prescribed b, at the party of the first part, then tn 1e party Of the second part shall hereb, a. forfeit, at the option of the executiv
 committee or board of directors of tn of party of the first part, the right to re ,n celve water from the party of the frs M part for the then current year: and als nv all moneys paid as rental therefor fo d the then current year.
 1t. It IS further agreed that if at an Id tune by reason of any cause the sun e. ply Of water shall be insufficient to fl IS. and flow through said canal accordin he to its estimated capacity or if from an h. other cause as aforesaid, beyond th he control Of said party of the first par nd the supply shall be insufficient to fur by n1sn an amount equal to all the wate CT hereby conveyed and at such time GOV ht cred by rents paid or agreed to be pai of TOT that year, the said party of the frs he part shall have the right to distribut he sucn water as may flow through sai Ie- canal pro rata to all persons entitle ed thereto, and for the purpose of so dt he Ing may establish and enforce sue g. rules and regulations for the distrib, to tlon or the water in said canals as fy nay De necessary or expedient. an rs' said party of the first part shall hay of the r1ght to turn the water out of th
 said main canal and shut the water ol .ht or laterals or service ditches at an
 tune for the purpose of enIargini nd cleaning or repairing said main cana on ols, sup-ldterals or dam or repai of lns UT putlng ln new or other wast ol- "eHs' Hedu gates, water gates, servit