The daily sentinel., 1908-10-10

: that the Secretary shall not be re
: carrying the water of the Licensee un
less the Licensee shall have made pro
vision to the satisfaction of the Sec
| retary for payment of the amount pay
I able by the Licensee hereunder in re
spect thereof when and as the Secre
his part Provided further: That th'
licensee shall not permit the enlarge
phons, or other Irrigation works II
the canon of the Grand river by any
other party than ,a, ., ,he Secretary, with. with.
that may properly be made for sucf
enlargement or future operation and
90 That when and If said orchard
District canal or structures as en-
tary and by the Orchard District. the
operation and maintenance shall be
carried on by the Secretary or his sue
ceSsors; and that in such case the cost
of operation and maintenance shah be
apportioned between and borne by the
water carried is divided between the
trict and the Government High Line
(6) That the Orchard District shall
utilize not more than 45O second feet
/ for power and irrigation purposes, of
which. not more than 125 second feet
by apt regulations require economi-
cal use of all its irrigation water.
% That all power waste water
chard District irrigation system shall
| be returned to the Grand river above
called. so that there need be no loss
to irrigation at that point. on account
of diversion for power.
CS) That when the flow of the Grand
river falls below the total amount re-
CURED for the lands comprising the e., Or
on the north side of the Grand river
proposed to be served by said Govern
ment High Line Canal. the available
water shall be apportioned between the
canals of the parties herto in the pro,
Of the Orchard District including pow
er water and ~ per centum for the
If the orchard District shall include
less than 10000 acres of irrigable land
the percentage to be allowed for the
District In case of shortage shall be re-
such proportion thereof as the irriga-
BILE acreage in the District is of H.
(9j That the right of way for said
canal. ditch. fumes and syphons over
shall be used by the I-icensee for the
sole purpose Of carrying out a con-
trict. duly authorized. ratified and APP
proved by the electors of said orchard
District in pursuance Of and In con,
Colorado and shall be subject to for
feiture by the Secretary II the canal
years. unless prevented by causes be-
yond the control of the Orchard Dis
triCt or the ItcenSee or by adverse lit
lgation involving one or both of them
This forfeiture is in addition to and
not a substitution for the forfeiture
provided in condition numbered l.
G0) That when the Orchard Dis
trict shall. through contract with the
Licensee. secure it's completed irriga-
tion system. embracing as part there
on and over said public lands OF the
United States. then and in that case
said orchard District shall promptly
release to the Secretary or his appoint
.s.1 an -nt tor tfrl
Grand river at any time heretofore in
itiated by II under the laws of Colora-
retary or his appointees; of stock in
the Mutual Mesa Irrigating Company.
owner Of the so-called Rose Point Ming
for 1000 second feet made in 1889. and
by cessation of appropriation of water
under said right for use on lands in
er ' lawful = method. % said aid district ' shall
procure REIMBURSEMENT to the Secre-
tary or his appolntees of all said water
right Mt the earliest possible day after
the completion of the Orchard Dis
trict's Irrigation system and that the
acquire all of the stock of said Irri-
eating Company and shall when and as
the said stock shall be controlled by
it. procure assignment thereof to the
Secretary or his appointees. The Ii
ter 1t shall have made contract with
said Orchard District. it viii submit TO
contract between the United states OF
and the orchard District eX
ecutod on the part of the said orchard
with the conditions set out in this
GD That within thirty dnvs from
delivery hereof. the Licensce shall %
assign. transfer and set over unto the
Secretary or his appointees; one halt;
stock of the Grand Mcsas Land, Ca
nal and Power Company. which still
owns at date hereof a water right of
700 second feet from Grand river un-
der said tling No. il94, approved and
do on November II. \. d. 1907; and ca
shall relense to the Secretary, or his
er right from Grand river heretofore
acquired bv II by mesne conveyances
from The Grand Mesas Land Canal and
Power Company. provided. however
that said transfer of stock and said re-
lease of water right shall be made to
conditions First-that the same shall
not inure TO the benefit of any project
for the Irrigation of lands lying north
erly of Grand river save and except a
project initiated and completed by the
Secretary-and Second, That II the
Secretary shall at any time abandon
prosecution of said Government High
Line Canal project for irrigatiug lands
upon the north side OF Grnud river,
then and in such case said stock and
said so second feet shall be revested
pointee OF the Secretary in this con
tract mentioned shall take such rights
bcneht OF the said Government High
Line Canal and subject TO the dircc-
tion OF the Secretary. and such rights,
or any part of them as designated by
the Secretary shall at any time be
transferred to him or such other APP
nointee as he may designate who shall
hold them under ike conditions.
second The l-tcensec agrees to sub
init to the Engineer designated by the
Secretary. the map of the location of
said canal and other structures in the
canon OF the Grand river in case the
IAcensec shall become obligated to the
orchard District to furnish that part
to obtain approval thereof by said en-
pinoer before proceeding with the
work, but the Secretary agrees that
said Engineer shall promptly approve
locotlOu ndOuted nv the TfcpOSee