The daily sentinel., 1908-10-17
Its own provision for irrisstins tn.


lands comprised therein; and
Whereas. the Orchard District is
munieiPs S ~ ereafed Hnde se
the purpose of securing irrigation 70
about 1900 acres of land in Mess
ly bank of the Grand river. westerl,
of Palisades and easterly of the june
ton made by the Gunnison river will
Grand Junction, in said state of Colo
rado. and intends to acquire owner,
feet from Grand river. to be used ant
enjoyed in connection with as part ol
its said Irrigation System; and
Whereas. the Licensee has purchased
and now owns a water right of SOC
county. Colorado. under claim mar
and statement made by the Grand Me-
sas Land. Canal and Power Company
existing under the laws of Colorado
approved by the, State Engineer OF
1907. Filing No. 4194. as appeal
from "A copy thereof filed with the
whereas. the point of diversion of
water under said water right is fixed
at a point in the canon OF the Grand
Range 9S West in Mesa county. Colo
RADIO and the proper utilization of said
water right requires the construction
easterly bank. in the canon of the
Grand river and a part thereof will be
on lands now forming part OF the pub.
lie domain of the United States; and
the diversion weir. and headgate of
said canal will be located at the afore-
said point of diversion under the Lii
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 it's proposed ir-
is in part dependent upon its ability
to procure right of way over the pub
lie lands in the canon of the Grand riv-
phons requisite to carry said water.
which said public. lands. have been
heretofore and still continue to be
withdrawn under the provision of the
said Act OF June H. 1902. and are not
subject to the provisions OF law appli-
cable to lands forming part of the
public domain not so withdrawn: and
Whereas. the Licensee desires from
grant for constructing and maintaining
on said public lands in the canon of the
Grand river We cd ditIh cha eana numsi ms and
able it to utilize and appropriate 45O
second feet of its said water right from
Orchard Districts proposed irrigation
system. and also license. premit or
ing canals of the Orchard District Irri-
CATION System over. across and upon
all other lands forming part of the
which are traversed by said proposed
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
to and upon all the lands forming part
Of the public domain OF the United
States. lying and being situate on the
left or easterly and southerly side of
rado. between the intersection thereof
by the north and south center line of
Range 9s West and the confluence of
the Grand and Gunnison rivers. and es-
peeially the following lands. Sc,s to-Wit; 20
The west half of Section 10,
The Northwest Quarter OF the North
west Quarter of Section "a.
The East half of the Northeast Quar-
ter and the Southwest Quarter of the
of o the
west Quarter of Section 20;
All in Township 10 South OF Range
Also all that part of Section 3, Town
ship II South Of Range gs west which
lies eastery ,o Sroeees e sai% With rh the eonsruc
ton of a ditch. canal, fumes and sy-
phons upon and over said lands for
said orchard District, when and as
soon as the location thereof shall have
been definitely determined By surveys.
and thereafter to maintain the same:
But Subject Always to the several
conditions = =respeetlVei,y iny,sve nsmperee as foio
lows. to-wit
GJ That within one year from date
for furnishing a 450 second feet water
right from Grand river to the Orchard
essary canal. ditch. fume and syphons
not exceeding capacity OF 4bO second
feet. extending from, the point of di-
version above described in and along
the canon of the Grand river to the
lands included within the territorial
limits of the orchard District: and
that thereafter said bid shall be accept
ed by the Board of Directors OF said
District, and shall ripen into n contract
In hah ha
District and the Licensee. duly author
ized, ratified and approved by the cleo
II is expressly stipulated that this
entire contract and each and every part
inc at the option of the Secretary, r.
the Licensee shall not make bid as re-
quired by this condition prior to the
of. or If the Licensee shall attempt to
construct any. irrigation works on the
furnish any water for irrigation for
such lands except the waste power
water to be turned into the river above
(2) That the location OF said ditch,
canal. fumes and syphons in the canon
ancc with the plans OF the Secretary
and that the same shall be located ana
future enlargement OF such ditch or
canal for use in irrigating lands lying
on the north side of Grand river afore-
said, and that when the location OF all
said irrigation works forming part of
the orchard District irrigatlon system
shall have been definitely surveyed and
located. the Licensee shall promptly
deliver to the Secretary maps in du-
piicate showing such definite location.
(3) 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
Irrigation works constructed by the
Licensee for the purpose OF utilizing
Its said water right from Grand river.
90 That the Secretary shall in any
case have me right as against the LII
censee as well against all persons
and corporations claiming under the
Licensee. to enlarge any canal, ditch.
nume or syphon made or constructed
by the Licensee at any point in the
canon of the Grand river and to use