The Hood River glacier. (Hood River, Or.) 1889-1933, 1904-02-11
Mr. Chambers Makes a Statement.

MI. OnamDeTS MuhSs ot"'ON""'
In response TO the Glaciers inquiry
made to Mr.. Chambers, whether he
had anything for publication, he sub
mitted ii copy of his contract, filled out
with John Doe as party of the second
part, bargaining for three inches oi
water:
This agreement, entered into this 10th day Of
Feb. 1904, between the NalleylmprovementC 20
OF Hood River a private corporation, organ
ized and existing under ana by virtue OF Ihe
laws OF the state Of oregon, and having It's
principal office and place of business at Hood
River, in the county of Wasco, state OF Ore
gon, the party of the ttrst part, ana John Doe
of Hood River, county of Wasco, state ol
Oregon, the party OF the second part, WlIness
eth:
That the party of the first part, in consid.
Grafton of the moneys agreed TO be PAID by
the party OF the second part, and In consid
Grafton of the agreements to be kept and per-
formed by the part. of the second part, here
by covenants and agrees to and with the
party of the second part to furnish, supply
and deliver to the party ofthe second part, his
neirs legal representatives or assigns tor the
period of ninety-nine years, continuously
commencing April 10 and ending November
of each year. commencing with the year 1904
and ending with the ear 2OO2, cubic Inches
of water, by miners lnCn measurement, uh'
der a siX-inch pressure, at such place or places
as the party of the second part, his heirs
legal representatives or assigns may, from
time to time designate on and along the
ditch owned by the party OF the nrst part In
the county of Wasco, state of Oregon, and ON
and along the laterals leading from said ditch
and in such quantities AS the party OF the sec
ond part, his heirs, legal representatives or as
signs, may require, at such place or places;
provided, however, that nothing herein shall
be so construed as TO require the party OF the
first part to furnish ana deliver in the aggre.
gate more than inches OF water.
The party of the second part shall give ten
DAYS notice in writing to the party OF the first
part of each place and amount of water re-
uuired to be furnished and delivered to sec
Ond party at such place.
The party of the second part agree to pay TO
the party of the first part the sum of 70 dol
lars, which said sum is TO be due and payable
to the party of the first part on the LIST day OF
March, 1904, and the party OF the second part
agrees TO pay in addition to said sum OF W
dollars the sum of 80 dollars annually which
said sum of $50 dollars is to be paid to the
party of the first part on the LIST day OF July
of each year; and in case the sum of750 dol
lars is not paid promptly on the first day of
July of each year, the party of the first part
shall have the right to terminate and end this
agreement by giving to the party of the sec
ond part thirty days notice in writing of the
intention of the pal ty of the first part TO ter
inmate this agreement; and II the said sum
ID
of said thirty days, then this agreement shall
be OF no further force or effect; and if the said
sum of 80 dollars is not paid on the lst day
of March 1901 then this agreement shall be
of no force or effect whatever.
1t is hereby expressly understood that time
is of the essence of this agreement of every
particular.
1t is expressly agreed by the party of the
second part that the aforesaid water is to be
taken by him at his own expense from
such place or places as he may designate as
aforesaid on and along the ditch or lateras.
1t is expressly agreed that in case the party
of the first part fails, negects or refuses to
supply and furnish, continuously, the afOre-
said amount of water to the party of the St, :
ond part, his heirs, legal representatives or
assigns, then the party of the second part,
his heirs, legal representatives or assigns,
shall have the right to enter upon the said
ditch and laterals and upon the property OF
the party of the first part, and to do any and
all work necessary to increase the flow of
water sufficiently to furnish and supply the
aforesaid quantity and amount of water, and
the party of the second part, his heirs, legal
representatives or assigns, shall have the
right to use any necessary and convenient ap-
pliances and tools belonging to the party of
the first part, and to deduct the cost and ex-
pense incurred in supplying water as afore-
said from the rents and aCcruing rents to be
paid. In case the rents and accTulng rents
are insufficient to cover the amount of such
cost and expense, then the party of the second
part shall have valid claim against the
party OF the first part for the balance of said
cost and expense over and above said rent
and accruing rents; which said balance the
party Of the first part covenants and agrees
to pay, provided that in the event OF an in
sutficiency of water the party Of the first part
shall be entitled to four days notice In writ
ing to increase the supply before It shall be
! liable to any damage by reason of the Insult
cheney of the supply.
And II is further agreed that in case of the
destruction OF or injury 10 any portion of the
| ditch by "act of Cod the party OF the first
part shall have a reasonable time in which to
ure OF the party OF the first part for any cause
other than the "act of God TO supply the
amount of water called for in this contract,
| the party of the first part shall be liable for
damages actually sustained not exceeding the
consideration for such 99-year lease and the
rental for that year.
1t is expressly agreed and understood be.
tween the parties hereto that the party of the
him for iTTigating purposes and only on the
following described land, situate in Wasco
county, oregon; NWL Of SWZ section 36,
township south, range 10 east,
By obtaining written permission from the
directors, the above water may be used on
any other property described in the permit
Blank forms for the officers signatures and
nOtary's certificate follow, which it is not
necessary to print here.l
Commenting on the contract, Mr..
Chambers went on to say:
The above contract has been sub =
united, and ullesS some other PROPOSE
ton is fnnud that will be considered
just to all clurerned, the water uups
tion will remain a mixed quantity.
The consumers have not been stt's-
lief with past service aud hupe Ia find
relief in a more satisfactory way than
the above contract Much has been
said about the price of the contract,
viz: $50 per inch. For comparison, the
Water Supply Co. have ditch nf 250
inch capacity, which they value at
S9,0OO-SS6 per inch. Aud 1t is safe to
say you could not buy any part Of it at