Phoenix weekly herald., 1896-06-04

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above described land and premises or
shall ia any way whatever tske water
from any ditch, canal, lateral orsub-lat
ersl, supplied with water by the parry OF
the fret part, except through wier or
measuring gate prescribed by the party
of tie first part, then the party of sec-
ond part shall thereby forfeit, at the
option of the Executive Com mite or
Board OF directors of the party Of the
first part the right to receive water
from the party OF tbs frst part for the
then current year; aud also all moneys
paid as rental therefor for she then cur
rent year
1t ls further agreed, that if at any
time by reason of any cause the supply
of water shall be insufficient to FIJI and
flow through said canal according to its
estimated capacity, or if from any other
cause as aforesaid, beyond the control
Of said party of the first part the
supply shall bs INSULT isient TO furnish en
amount equal TO ali the water hereby
conveyed and at such time, covered by
that year, the said party Of the first
part shall have the right to distribute
such water as may flow through said
canal pro rata TO all persons entitled
thereto, and for the purpose OF SO dong
may establish such rules and regula-
tions for the distribution of the water
in said canal as it may deem necessary
or expedient, and seid party of the first
part shall have the right to turn the
water out OF the said main canal, and
shut the water cut of lateral service
ditchss az any time, for the purpose OF
eularging, cleaning, OF repairing said
main canal, latersls, sub laterals or
dam, OF repairing or putting in new or
other waste wsiFs, headgates, water
gates, service gates, bridges soross said
canal OF latersls or any other of the
appur5enanoes of said canal.
Seventh. 1t is hereby distinctly uu-
deFstood aud agreed by and between the
parties hereto, thet in case the canal of
said party of the frss part through
which deliveries OF water have been
made, shall be unable to carry and dis
tribute volume of water equal to ite
estimated capacity, either from oeueurl
or unforeseen oP unavoidable accident,
or If the volume OF water prove insult
oisut from drought or from any other
cause beyond the control of seid party
of the first part, the party of the first
part shall not be liable in any way for
the shortness or deficiency of supply
by any of said causes.
Eighth. And the said party of the
second part for itself, its successors and
assigns, agrees in consideration sfoFe
said, to waive and hereby does waive.
any and all claims for loss or dsmsge
by reason of any leakage, perculetion,
or overflow of water from any
canal, disebes, OF from any reservoir,
lakes or lateFale OF said party OF the first
part, either upon tie lands aforesaid or
any other tract belonging to the said
party OF the second part, anything in
any statute, law or custom to the con
trary Notwithstanding.
Ninth. The said party of the second /
part, shall construct and mainsa in
good order and repair, ditch upon
said lands of such sizs and grade and at
such point and location as shall be
prescribed by the party of the first part
to catch and conduct to some main
lateral ditch OF the party of the first |
part, or to some natural drainage, wash |
DE- depression, all waste water flowing |
upon such land
Tenth. The right of way over and |
through the tract of land herenbefore
described, and sll other lands belonging
10 the party of the second part for ell
main canals, Iaterais and sub-laterals,
bitches, waste water ditches, washes
and natural depressions required by the
party of the first part or by suy person
or persons at any time entitled to water
out of the canal oe the party OF the first
oart is hereby granted unto said party
IF the frat part and TO such person or
entitled to water as aforesaid;
and it Is hereby covented that all bitches
constructed under this agreements shall
% under the perpetual control OF the /
party OF the frat part, it's Successors
snd assigns, but that the party of the
second part, assumes ths responsibility
20, and will at ell times so control all
waters furnished it, by virtue of this
contract as to prevens it from flowing
lpon or ipjuriug in any manner the
OF any other person or the
,r the property Of the party of tue first
part.
Eleventh. Aud the said party of the
irst part, its successors and assigns, at
III times hereafter, shall have the right I
% add to or charge and modify the
ioregoing rules and regulations OF any
If them SO far as may be reasonable and
necessary to regulate the delivery and
lestri button of water so said party of
he second part, It's successors and as
,igns.
EXHIBIT
Water Right Certificate.
The State of Arizona improvement
Company:
This is to certify that for valuable
heretofore given to tue i
State of Arizona Improvement Com
oany, corporation organized and ex
sting under the laws of the Territory