The daily sentinel., 1908-10-16
= own provisIon for irrigating the

T its own provision for irrigating tn
lands comprised therein: and
!, Whereas. the Orchard District is, I
: the e laws Of TT the Re' State t of Colorado 70
/, the purpose of securing irrigation 70
e county. Colorado. lying on the souther
e ly bank of the Grand river. western,
Zion IL made Sy ana the GSnnison % river viii
Grand river at near the city o.
Grand Junction, in said state of Colo
ship of a water right Of 450 seconc
feet from Grand river. &c. be used ane
enjoyed in connection with as part oil
, its said Irrigation System; and
Whereas. the Licensee has purchases sec
second iaa doT feet tT from Grand river in Mesa
county. Colorado. under claim map
and statement made by the Grand Me
a corporation created, organized, and
existing under the laws Of Colorado
Colorado and filed November II. A. d.
1907. as Filing No. 4194, as appears
from copy thereof filed with the
| whereas. the point of diversion of
water under said water right is nSed a
river in Section ~. Township 10 south,
Range 9s West in Mesa county. Colo,
rado, and the proper utilization OF said
water right requires the construction
of ditch or canal along the LEFT or
! easterly bank. in the canon of the
Grand river and a part thereof Will be
on lands now forming part OF the pup,
lie domain Of the United hsaas states and nf
said canal will be located at the afore-
said point of diversion under the Ii
censee's water right, and
Whereas. the Licensee desires to
utilize and appropriate $50 second feet
of its said water right in furnishing
to the Orchard District its proposed ir-
rigation system and such appropriation
is in part dependent upon its ability
lie lands in the canon of the Grand riv-
er for the ditch, canls. fumes, and sy-
r.ln fGt a n
which said public lands have been
heretofore and still continue to be
said Act of June II. 1902. and are not
subject to the provisions of law appli-
public public d. domain ain not so So withdrawn; and
Whereas. the Licensee desires from
the Secretary license permit ltair,ng or
on said public lands in the canon of the
Grand river a ditch. canal. 1umes and
syphons of such character as will en-.
able IL to utilize and appropriate 4aO
second feet of its said water right from
Grand river in aid and as part OF the
system. and also a license. premit or
grant for c9nstr9ncung me trint dis,ripTii put
cation System over, across and upon
all other lands forming. part of the
which are traversed by said proposed
distributing canals. and the Secretary
is willing on certain conditions to
Now. Therefore. IT is hereby mutual
ly greed between the parties as fol-
First-The Secretary hereby licenses
and permits the Licensee to enter in.
OF the public domain of the United
States. lying and being situate on the
le or riysy n ana Mesa County coio
rado. between the intersection Thereon
by the north and south center line OF
Range 9S West and the confluence of
the Grand and Gunnison rivers, and es-
pecially the following lands. to-wltt
THE Southwest quarter of Section 12.
The west half of Section II
The ortsT Nor1hwesf Of 9eeIts seeton "a ga 'ne No
The East half & Of the Northeast ~ guar ar
tsr and the .f seeon
The Northeast quarter of the North
west Quarter Of section 26
Also all that part of Section 3; Town
lies easteriy of said Grand river,
And to proceed with the construc-
tion of ditch, canal fumes aSi5 i,a1d a1d sg syr
and as part OF the irrigation system of
said orchard District when and as
been definitely determined by SURVEYS
and Thereafter TO maintain the same,
respectively numbered to |
IL (both numbers inclusive) as toi-
cD That within one year from date
hereof the Licensee shall make bid
for furnishing ib0 second rect water
right from Grand river to the Orchard
District and for constructing the nee
essary canal. ditch. flume and syphons
feet, extending from the point of di-
version above described in and along
lands included within the territorial
limits of the orchard District; ana
that thereafter said bid shall be accept,
ed by the Board OF Directors of said |
District and shall ripen into contract
in that behalf between said orchard
~ AL. u hA taA
ized ratified and approved by the cleo
tors of said District as required by law, |
II is expressly stipulated that this
entire contract and each and every part
thereof shall wholly lapse and determ
inc at the option OF the seGTetary' tid a M IL
quired by this condition prior TO the
expiration of one year from date mere
construct any irrigation works on the
north side OF the Grand river; or to
such lands except the waste power
water to be turned into the river above
the head of the Grand Valley Canal.
(2) That the location OF said ditch
canal fumes and syphons in the canon
Of the Grand river shall be IN accord
1ncc with the plans of the Secretary
and.that the same shall be located and
constructed with n view 10 n possible
canal for use in irrigating lands lying
on the north side of Grand river a1ore,
saidd rt-a,ior AMI VIA. vorks ~ forming part OF
the Orchard District irrigation system
shall have been definitely surveyed ana
| located the Licensee shall promptly
deliver to the Secretary maps. in du-
piicate showing such definite location.
(s) That so far as the Licensee can
control the same. the Secretary shall
| have the exclusive right to enlarge any
canal. ditch. fumes. syphons. and other
ricensce for the purpose OF utilizing
is said water right from Sronu .hor in r'egt sny
| case have thc right as against the Ill
censee as well as against an pers9hhS ,hS