The Dolores star., 1905-06-02

$2oo, 900 for the system. is upon
completion of timbering tunnel.
building new dam and head gate.
$50, 900 on the publication of this
contract, the irresistible implication
is that this work is reasonably
worth in the market $50, 900.
However, in this vast sum there
does not seem to be plan or speci-
fication of the manner Of building,
character of. material or any kind
of estimate of necessary cost. This
indefniteness not only subjects the
land owner to every opportunity to
excessive prices, but leaves the
whole subject open for construction
and opens the door for endless dis
putes and litigation. The land
owners are entitled to vote on
contract that definitely defines their
rights with every provision in the
contract so direct that there can be
no occasion for dispute. For in
starce, instead of saying that the
party of the first part shall store
enough water to supply 1000, 900
cubic feet to each SO actes includ-
ing the completion in the Nara
guinnip reservoir if you in detail
describe just how this reservoir
shall be built, then the measuring
of this reservoir complete the obi
cations on both sides, or instead of
saying that the tunnel shall be
timbered in manner that will pre-
vent the caving in of sides and
roof, if you determine what is
necessary to take out of the tunnel,
then the kind of timbers and the
manner Of putting them in when
your engineer approves the work
and you pay for it both sides are
relieved from further responsibility
and SO will it be with every other
item.
If you let this contract on such
indefinite basis, what the Water
and Land company, its engineers
and witnesses will consider suffi-
cient and in accordance with good
engineering, the District engineer,
land owners, etc.,, will probably
consider insufficient and not in ac-
cordance with good engineering.
Here parties, engineers and wit
nesses will disagree and an almost
interminable contest will be re-
quired in the courts to the great
detriment and disgust of all parties
concerned.
The very object of a written contract
Is to preserve the evidence of the per-
feet understanding of the parties and
to leave nothing possible for the courts
or Others to construe, and now is the
time to understand one another and SO
word your agreement as to cut off all
opportunity for future misunderstand-
lngs. 1 would further suggest that
after detailed plans are made and
adopted between the parties, tina, there
be added after the word "bond;" it
being the third word from the left
margin Of page line 7, the following
phrase or sentence, (which deed shall
vest the indefeasible fee simple abso-
Lutte title of all said property in said
district and its successors and assigns
forever subject only to its failure to
make said bond payment, or it equiva-
lent In cash good as hereinafter pro-
vided, and add to the end of each of
the following lines, viz. line II, 12, IA,
10, 1S and 20 ON page 4, the following
words: "In strict accordance with the
plans and specifications thereof, on file
in the Office of the secretary of said
district"
also suggest that the parties agree
bn such other reservations and the
manner Of building, specifically defin-
ing what Is to be done.
The absorption of the old water
system and so supplementing it as to
water all of the land of this great val
ley by one system would constitute
the ideal combination, but those
charged with the execution of this plan
should not become SO over-awed with
this possibility of the ideal condition as
to overlook the great possibility of
paying an adequate price for such
system without obtaining it. 1t will
require the greatest vigilance of the
officers aud electors to avoid miscalcu-
iatiofis and mistakes, which may prove
If this land had adequate
water for each acre, SO they could
grow winter wheat, sugar beets, and
mature thoroughly the highest types
of fruit then the farmer can thrive un-
der this great burden, but if on the
other hand the electors and officers
should become so Infatuated with the
ideal system SO as to neglect the details
ms TO permit the work to be done, to be
go lnefficiently performed as not to last
during the twenty years,
the period OF payment, or if each sys-
tenn should not supply ali ADEQUATE
supply of water ds to enable the farmer
to grow all the lines of high priced
crops to which these; high rolling and
perfectly drained lands are SO well
adapted, then the great burden of 6
per cent interest on $3.50 per acre, and
y large maintenance charge for the
first eleven years aud thereaftershe
- r.