La Junta tribune., 1904-03-09

of La Junts on accouns Of loss by
seepage and evaporation.
Now. therefore. Il is contract
ed
First-Ali Of the conditions Of
this contract are contingent upon
the purchase by the city OF at least
forty feet Of water.
Second-The irrigation com
psny for itself, its successors and as
signs agree to carry for the city said
water SO to be purchased and TO
deliver to the city at such points
on the north bank Of said ditch,
IN section II and IS. in township
a, south of range S., as the city
shall direct, one.fouTth Of tn
water belonging to the city which
shall at any time flow into said
canal without diminution. seepag.
or evaporation, said delivery to b-
continuous and uninterrupted for
fifty years. In consideration Tor
the carrying OF said water the city
permits the company to use Tor
the irrigation OF the lands lying
under said canal all that part OF
said water not needed by the city,
as the same is now bounded or
may hereafter be bounded, the city
council TO be the Judge OF the
amour. necessary for the city.
Third-As a further consider
alton moving from the said com
pany for use OF the excess water,
the company further agrees that at
all times when there is not sutfici-
ent water belonging to the city in
said canal so that a fourth thereof
will amount to FIVE feet at the
point OF delivery to the city, the
city shall have the right TO take
sufficient water TO make up said
4 UNG ittk tHt Sdttit btlOuES
to the city or to the company, the
city council to be the Judge of
when 1t is necessary TO have said
water, provided that the company
shall never be compelled TO run
storage or reservoir wafer solely
Tor the use OF the city, but that
when running such water the city
shall be entitled as aforesaid to
the first use OF at least FIVE feet.
Fourth-The company agrees TO
keep said canal and all parts
thereof in good condition during
| life OF this contract without any
expense whatever to the city and
agrees to use due diligence in
making all necessasy and perman
ent repairs. Should the company
fail TO keep said canal in good
condition the city shall have the
right TO go upon the same aud
repair the same at the expense OF
the company, the expense to be
paid Immediately by the board OF
directors OF the company as soon
as bill is presented and II not
paid may be collected by legal
proce edings against the company
Fifth - The company agrees
nsver to permit any consumers OF
water from the canal to take any
part OF the water IN the canal
whether the same belongs to the
company or to the city until the
full amount to which the city is
entitled has been delivered to the
city, and that the control OF the
headgste where the city draws its
water supply from the ditch shall
at all times be IN the hands OF the
city.
Sixth-Should the city conclude
to sell its water rights, the sale
shall not take place within three
years from the date OF this con
tract then company shall have the
first chance TO purchase them at a
price equal to the amount OF
money invested.
Seventh-The duty OF carrying
said water is attached to said ditch
and runs with the same and con
s,iiuies an easement in said canaI
and all the conditions hereof are
hindinp alike unnn the cnmnany