Imperial Valley press and the Imperial press., 1906-06-02
the laterals of the second party until such arrearage is fully paid.
 VII

VII
 Third party hereby agrees that it will construct and maintain main can al commencing at the point upon said international boundary line where said water is to be delivered to second party, and continuing from said point of com mencement, through the lands describ- ed in the Articles of Incorporation of second party said canal to be of suffi- cient capacity, either in it's original con- struction or through subsequent en- largements, made from time to time by third party, at it's own cost and expense, to convey an amount of water sufficient at all times for the irrigation of the lands owned or located by the stockholders of second party, and being an amount in the aggregate not less than sufficient to furnish four acre.feet of water per an- mum for each outstanding share of stock of second party. Said canal to be own- ed and maintained by third party, and third party to have the exclusive right to navigate said canal, and to develop and use all power thatmay be developed from the waters flowing therein. Third party further agrees to convey the water to be delivered by first party to second party hereunder, through said canal to the lateral ditches to be constructed by it as hereinafter provided.
 VIII
 In the event that third party shall fail to construct or maintain the main canal herein agreed to be constructed by it, or to convey and deliver the water agreed by third party to be conveyed through said canal to the lateral ditches to be constructed by third party as hereinafter provided, then second party shall have the right to enter upon said canal, and to make such additions and repairs thereto and changes therein as may be necessary in order that said canal shall have capacity sufficient for the conveyance of the water to be con veyed therein hereunder, and second party shall have the right to convey the water through said canal, from the in- ternational line to said lateral ditches and the cost of such additions and changes in said canals and the expense of the conveyance of said water through the same shall be claim against third party to be recovered by second party from it by suit, if necessary.
 TX
 Third party further agrees to con struct system of distributing ditches, together with all necessary gates and water weirs for second party from said canal so to be constructed by it, as aforesaid, in such manner as to convey the waters from said canal to point upon each governmental subdivision of 160 acres of land, from which if is practicable to irrigate the same, except as hereinafter provided except that where the amount of land included in any original entry of any stockholder of second party exceed 160 acres, then such water shall only be con- veyed to such point upon the land included in such original entry such distributing ditches to be thereaf- ter owned and maintained by second party. Each and all lateral ditch or ditches, as soon as completed, to be turned over to second party and to be thereafter owned, possessed, controlled and maintained by it.
 Said lateral ditches to be constructed wherever necessary to irrigate the lands owned or located by the stockholders of second party, and to be either as origin ally constructed, or by subsequent en- largement, of ample size to convey to the stockholders of second party an amount of water equal to two-thirds of one lD acre foot, per month for each share of stock of second party owned by them; Provided, that if any of the stock of second party shall have been sold by third party, and located upon any tract of land, which cannot at an expense of more than double the aver age cost of the construction of said lat eral ditches, be irrigated by gravity from so;J lafaro1 6;tohac than third no rtU at