The daily sentinel., 1908-10-08

Secretary
4 quired to provide ditch capacity for
carrying the water of the Licensee un-
' less the Licensee shall have made pro
= vision to the satisfaction of the Sec
I retary for payment of the amount pay
{ able by the Licensee hereunder in re
tary shall become liable therefor on
his part Provided further:s That the
/ ment of said canal ditch. fumes. sy-
phons. or other Irrigation works lin
the canon of the GRAND river by any
out making full charge for all costs
that may properly be made for such
enlargement or future operation and
(5j 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
apportfoned 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.
Cs) That the Orchard District shall
utilize not more than $50 second feet
for power and irrigation purposes, of
which not more than 125 second feet
| shall be used for irrigation, and shall
by, apt regniati,ons , require economi-
90 That all power waste water
from, the pumping plant Of the Or,
]
| be returned to the Grand river above
the head of the Grand Valley Canal so
called so that there need be no loss
to irrigation at that point. on account
of diversion for power.
(S) That when the flow of the Grand
river falls below the total amount re-
CURED for the lands comprising the Or
ehard District and for the lands lying
proposed to be served by said Govern
ment High Line Canal. the available
canals of the parties hcrto In the pro-
portion of 2s per centum for the canal
er water and az per centum for the
canal of the Secretary; provided that
less than 12. 900 acres of irrigabie land
the percentage to be allowed for the
District in case of shortage shall be re
duced from rs per cent, and shall be
such proportion thereof as the irriga-
bic acreage in the District is of l2.-
csl That the right of way for said
canal ,, ditch fumes and ;sgyphons oyer
shall he used by the l-icensee for the
sole purpose OF CARRYING out a con
trict, duly authorized ratified and ap,
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
shall not be completed within three
years. unless prevented by causes be
yond the control OF the Orchard Dis
trict or the Licensee or by adverse lit
igation involving one or both OF them
This forfeiture Is in addition TO and
not a substitution for the forfeiture
provided in condition numbered /.
.10) That when the orchard Dis
trict shall. through contract with the
ton system. embracing as part there
OF a canal. ditch. fumes and syphons
United states. then and in that case
said Orchard District shall promptly |
ees each and every water right from
Grand river at any time heretofore in
itiated by II under the laws of Colora-
do. and that by assignment to the Sec /
retary or his appointces. Of stock in !
the Mutual Mesa lrrigating Company. |
owner Of the so-called Rose Point filing |
for 1000 second feet made in 1889. and |
by cessation of approximation OF water
the orchard District. and by every 9th |
er lawful method. said district shall !
tary or his appointecs of all said water
the completion of the Orchard Dis !
District shall use It's best efforts TO |
acquire all of the stock of said Irri-
eating Company and shall when and as
the said stock shall be controlled by
4 procure assignment thereof to the
ccnsee agrees that. within 80 days af-
ter II shall have made a contract with
said Orchard District. 1t will submit to
contract between the United states of [
ecuted on the part of the said orchard
District, providing for compliances
with the conditions set ont In THIS |
Gi) That within thirty days from
delivery hereof. the Liccnscc shall % |
assign, transfer and set over unto the |
Secretary or his appointees. one-half |
to-wit $50 shnres of the capital
nal and Power Company. which still |
200 second feet from Grand river un- |
der said Ming No Il9I approved and
do ON NoVembSr IL A. u 1907; and IS |
n he ,,p htS
appointees. SO second feet of the wat
er right from Grand river heretofore
acquired by II by mesne convcyances |
from Tho Grand Mesas Land Canal and |
Power Company, provided, however
lease of water right shall be made to
and accepted by the Secretary upon
not inuro to the benefit OF any project
for the irrigation of lands lying north |
cry OF Grand river save and except a /
project initiated and completed by the |
Sccretary-aud Second. That il the |
Secretary shall at any time abandon |
Line Canal project for irrigating lands !
upon the north side OF Grand river, !
then ana in such case said stock and
said 30 second feet shall be rcVested |
I In the Licensce; provided. that the APP
tract mentioned shall take such rights !
and interests in trust for the use and
boncft of the said Government High |
tton Of the Secretary; and such rights. |
or any part of them as designated by
transferred to him or such other ap-
pointee he may designate who shall
! hold them under ltKe conditions
Second. The l.iceusee agrees to sub
NIT 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
/ ltcensee shall become obligated to the
orchard District to furnish that part
/ of its proposed irrigation system. and
/ to obtain approval thereof by said en-
rincor before proceeding with the
! work, but the Secretary agrees that
said Engineer shall promptly approve
] % u lneutinn NJ nv ba II