The daily sentinel., 1908-10-03


4 quired to provide ditch capacity fo
: 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
+ able by the Licensee hereunder in re.
spect thereof when and as the Secre-
tary shall become liable therefor or
! his part. Provided further: That the
/ ment of said canal ditch, fumes. sy-
phons. or other irrigation works in
other party than he Secretary win
out making full charge for all costs
that may properly be made for such
enlargement or future operation and
90 That when and If said orchard
larged are used Jointly by the Secre-
tary and by the Orchard District. the
carried on by the Secretary or his sue
cessors; and that in such case the cost
of opera tion and maintenance shall be
lapportioned between and borne by the
orchard District and the Secretary or
his successors in the proportion that
| irrigation system of the Orchard Dis
trict and the Government High Line
Canal ~.
(6) That the Orchard District shall
utilize not more than 450 second feet
for power and irrigauon purposes. of
shall be used for irrigation. and shall
by, apt regulations require economi-
C7) That all power waste water
from the pumping plant of the Or
Z
be returned to the Grand river above
the head of the Grand valley Canal So
to Irrigation at that point. on account
of diversion for power.
tS) That when the flow of the Grand
river falls below the total amount re-
quired for the lands comprising the Or
chard District and for the lands lying
proposed to be served by said Govern
ment High Line Canal. the available
water shall be apportioned between the
/ hn hprtO
portion of 2S per centum for the canal
of the orchard District including pow
er water and 12 per centum for the
canal of the Secretary provided that
If the orchard District shall include
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 i2.-
tsj That the right of way for said
canal ditch. fumes and syphons over
said public lands of the United States
shall be used by the Licensee for the
sole purpose of carrying out con-
tract made by ii with the Orchard Dis
trict. duly authorized. ratified and ap:
District in pursuance of and in CON
formity with the laws of the state OF
feiture by the Secretary ii the canal
shall not be completed within three
yond the control of the orchard Dis
trict or the Licensec or by adverse lit
This forfeiture is in addition to and
not a substitution for the forfeiture
provided in condition numbered l..
t10) That when the orchard Dis
trict shall. through contract with the
Licensee. secure its completed irriga-
of canal. ditch. fumes and syphons
on and over said public lands Of the
said orchard District shall promptly
release to the Secretary or his appoint
ees each and every water right from
f.ru md Nar at tirn,s har atnf fnr in
itiated by 1t under the laws of Colora
do. and that by assignment to the Sec
the Mutual Mesa lrrigating Company.
owner of the so-called Rose Point hling
under said right for use on lands in
er lawful method. said district shall
procure relinquishment to the Secre-
the completion of the Orchard Dis
tricts 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 il shall have made a contract with
said Orchard District it will submit to
the Secretary for eNecution by him.
contract between the United states of
America and the orchard District. cN-
ecuted ON the part of the said orchard
with the conditions set out in this
paragraph; and
delivery hereof, the Iicensec shall %
assign. transfer and set over unto the
Secretary or his appointees; half
stock of the Grand Mesas Land, Ca
nal and Power Company. which still
owns at date hereof n water right of
700 second feet from Grand river un-
der said tiling No. 4194. approved and
llled by the state Engineer OF Colora-
do ON November liz y. ID 1907 and t2l
shall release to the Secretafy, or his
appointees. so second fe, of the wat
er right from Grand river heretofore
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
crly of Grand river save and except
project initiated and completed by the
Secretary-and Second, That if the
Secretary shall at any time abandon
prosecution OF said Government High
upon the north side of Grand river;
then and in such case said stock and
said so second feet shall be revested
in the Liccnsec; provided that the ap-
pointee of the Secretary in this con
tract mentioned shall take such rights
and interests in trust for the use and
benedt of the said Government High
| Zine Canal and subject to the direc-
| tion of the Secretary: and such rights.
or any part of them designated by
the Secretary shall at any time be
| transferred to him or such other ap-
uointee as he may designate who shall
! hold them under Ike conditions.
] Second. The Iicensee agrees to sub
init to the Engineer designated by the
! Secretary. the map of the location of
| said canal and other structures in the
I canon of the Grand river in case the
] tIcensce shall become obligated to the
I orchard District to furnish that part
/ NJ its proposed irrigation system, and
to obtain approval thereof by said en-
gincer before proceeding with the
work. hut the Secretary agrees that
my location adopted by the Licensee
winch does not Interfere unnecessarily
18th prosecution by the Secretary of
said Government High Line Canal pro-
lect for the purpose of irrigating lands
IN the north side of Grand river. invol-
.ing enlArgnment of any dltch or canal