Imperial press and farmer., 1902-05-31


 part as sub-contractor under and for some other person or corporation to whom said contract may have been let. Before any such canal or boxes or gates can be ordered by said I'm perial Water Company No. 1, the plans therefor shall first be submitted to and approved by party of the sec ond part.
 Party of the second part, however, in any and all events, to construct at it's own expense that main lateral designated on the maps of said party of the second part as the Alamo, and which said main lateral party of the second part is not hereby relieved from constructing. The obligation to construct said main lateral shall re- main the same as it now is fixed by said contract of July 24th, 1901.
 4. Party of the second part hereby allows to party of the first part the sum of Five Thousand ($5OOO Dol lars for the cleaning and repairs of the canals this day accepted by party of the first part, and party of the first part obligates itself to clean said canals and repair the same and repair
 
 and other structures thereon and forming parts thereof, now out of repair, or that may hereafter be and expense. Said sum of $5000 al lowed by party of the second part to party of the first part therefor, is to be deducted from the water rentals falling due under said contract of July 24th, 1901, as follows: $250O of said sum to be deducted from the water rentals which will be due to party of the second part from party of the first part on the 1st day of January, 1903, and $2500 from the water rentals which will be due from party of the first part to party of the second part on July 1st, 1903.
 5. The parties hereto further agree that during the irrigating season of 1904 the engineer of party of the first part and the engineer of party of the second part shall determine the full amount of loss from seepage and evaporation of the water after it leaves the main lateralS and in it's course as it flows through the side laterals to the lands of the users thereof, and shall in said season de- termine as near as may be the average percentage of such loss by evaporation and seepage, and in the event said engineers cannot agree on such average percentage of loss, they shall select third engineer and the deter mination of said third engineer shall be the judgment and determination of the three, and thereafter the amounts or percentage of loss of such water by seepage and evaporation thus de- termined shall be fixed for all time as the amount of water which is lost by seepage and evaporation while the water is being run through the main and side laterals or distributing Sys- tems. And party of the seconu part hereby, agrees that it and said above named Mexican Company will deliver to party of the first part into said canals, in the place of the additional three per cent. of water provided for by paragraph X of said contract of July 24th, 1901, the said percentage of additional water fixed by said en- gineers as necessary to provide for such loss by seepage and evaporation in order that the users of said water shall receive the full amount of water paid for by them.
 6. At such times during five years from date hereof that second party has surplus water over and above that then needed for the purpose of supplying it's contracts, such surplus may be used by first party free of cost for the purpose of sluicing out it's canals, the intention being that