The daily sentinel., 1908-10-14
II. own provision for lrrlgstlng the


Whereas. the orchard District is a
tmhnn,,eipal tha corporation created uhder
the purpose OF securing irrigation for
about 1900 acres of land in Mesa
county, Colorado. lying on the souther-
/ ly bank OF the Grand river, westerly
of Palisades and easterly of the juno
ton made by the Gunnison river with
Grand Junction. in said state of Colo
rado. and intends to acquire owner
ship of of a water right of $50 second
! enjoyed in connection with as part OF
its said Irrigation SYSTEM; and
J Whereas. the Licensee has purchased
and now owns water right of 500
second feet from Grand river in Mesa
and statement made by the Grand Me-
sas Land. Canal and Power Company,
a corporation created. organized and
approved by the State Engineer of
Colorado and filed November IL. A; d;
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
river in Section L. Township 10 South,
RADIO, and the proper utilization OF said
water right requires the construcuon
of a ditch or canal along the left or
easteriy bank. in the canon of the
Grand river and part thereof Will be
on lands now forming d part St,tae 81 tae pandi nd
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 its proposed ir-
rigation system and such appropriation
TO procure right of wav over the pub
lie lands in the canon of the Grand, riv-
er for the ditch. canls, fumes, ana sy-
phons requisite to carry said water.
which said PUBLIC lands have been
heretofore and stu continue to be
said Act of June II. 1902. and are not
subject to the provisions of law appii-
public domain not so withdrawn: and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. a ditch, canal. fumes and
syphons of such character as VIII en-
able IL to utilize and appropriate 400
second feet of its said water right from
Orchard Districts proposed irrigation
system. and also license. premit or
grant for construeting the distribnt
cation System over, across and upon
all other lands forming. part of the
public domain as hereinafter described;
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
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 southeriy side OF
RADIO between the intersection thereof
by the north and south center line of
Section ~. Township, 10 South of
Range 9S West and the confluence of
the Grand and Gunnison rivers and es-
pecially the following lands. to-wit:
he Z.
The west half of Section 13-
The Northwest Quarter OF the North
The East half of the Northeast Quar-
ter and the Southwest Quarter of the
The Northeast Quarter Of the North
west Quarter of Section 26.
All in Township 10 South of Range
Also all that part ot Section 3; Town
ship IL South of Range 9s West which
And to proceed with the construc-
ton of ditch. canal. fumes and sy-
and as part of the irrigation system of
said Orchard District when and as
soon as the location thereof shall have ,,
and thereafter to maintain the same;
But Subject Always to the several
II (both numbers inclusive) as fol-
rs That within one year from date
hereof the Licensee shall make bid
for furnishing a 45O second feet water
right from Grand river to the orchard
District. and for constructing the nee
essary canal. ditch. fiume and syphons
not exceeding capacity OF 45O second
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 contract
in that behalf between said orchard
District and the Licensee, duly author
lied. ratified and approved by the cleo
tors of said District required by law
1t is expressly stipulated that this
entire contract and each and every part
inc at the option of the Secretary, If
the Licensee shall not make bid as re
1uired by this condition prior to the
expiration OF one year from date here
Of If the Licensee shall attempt to
construct any irrigation works on the
north side of the Grand river. or to
furnish any water for irrigation for
such lands except the waste power
water to be turned into the river above
tho head of the Grand Valley Canal.
go That the location of said ditch.
canal. fumes and syphons in the canon
pnce with the plans Of the Secretary
and that the same shall be located and
constructed with view to n possible
future enlargement of such ditch or
| canal for use in irrigaing lands lying
an the north side of Grand river afore-
said and that when the location of all
said irrigation works forming part of
the Orchard District irrigation system
shall have been definitely surveyed and
located. the Licensee shall promptly
deliver to the Secretary maps in du-
plicate 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.
| (4 That the Secretary shall in any
case have She right as against the LII
| censee as we'll as against all persons
and corporations claiming under the
| Lfcensee to enlarge any canal ditch.
| auue or syphon made or constructed
| by the Licensee at any point in the
canon OF the Grand river and to use
a system, the construction OF which