The daily sentinel., 1908-10-24
ns own provision for irrlgatIng the

q municipal corporation created undel
the laws of the state OF colorado 10, 10
( about 1000 acres OF land in Mess
e county. Colorado. lying on the souther'
OF Palisades and easterly of the june
: ton made by the Gunnlson river VII, u,
Grand junction. in said state of Colo
rado. and intends to acquire owner
ship of a water right % OF he 40 1seS sse9nSS 9nS
, its said Irrigation SYSTEM; and
and now owns a water right of SOC
second feet from Grand river In Mesa
and Edt statement made by the Grand Me-
sas Land Canal and Power Company;
eorporati9n created, aws 9rsafniGzeni "a Geiorado ado
Colorado and died NOysmOeF Il, anAsaI A; D.
from a copy thereof hled with the
Secretary; and ,,..,,, =,
water under said water right is nSed
at point in the canon Of the ,tn Graho
TiSeT RSsre in ss seSs,oa @est In Mesa eopny
rado. and the proper utilization OF shld
water right requires the constrIusStio,l Ius, on
easterly bank. in the canon OF 'he ne
Grand river and a part thereof viii pc
lie domain of the United States: and
the diversion, weir. and headga,se OF
| said point of diversion under the LII
censee's water right. and
Whereas, the Lieensse see saesnS desires feef 10
of it's said water right in furnishins
to the Orchard District its proposed lr-
/ rIgation system and such appropriation
| is in part dependent upon it's ability
to procure right of way over the pup
er for the ditch. canls. fumes. ana sy-
phons requisite to carry SAID Water,
which said 5u5iti,1i st,i, ienas eoStnne nV 10 be
withdrawn under the provision OF the
said Act OF June II. 1902. and are not
cable to lands forming. part of the
public domain not so WITHDRAWN and
Whereas, the Licensee desires from
grant for constructing and maintalnihg
on said public lands in the canon oi tne e
Grand river, n ditch. canal fumes ana
syphons of such character as viii en-
able it to utilize and appropriate 45o
second feet of its said water right from
Grand river in aid and as part OF the
orchard Districts proposede irrlgation
sysnt systetmf for ana eonstrueting nS the dstribut
ing canals of the Orchard District irri,
cation system over, across ahu uPppt Ptpa
public domain as hereinafter. described
which are traversed by said proposed
distributing canals. and the secretary
is willing on certain conditions to
Now. Therefore. 1T is hereby mutual
ly greed between the parties as foi-
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 unitea
left or easterly and southerly side or
the Grand river in Mesa county, Colo
by the north and south center line OF
Section 12. Township, 10 South OF
Range 9s West and the confluence nd @ et
pecially the following lands. to-wit;
The Southwest quarter of Section IL.
The Northwest Quarter of the North
west Quarter of section * ON
ter and the Southwest Quarter of the
Northeast Quarter of Section 23.
The MOrthasf st SsstTsn ss g the
All in Township 10 South of Range
9s West, ,
ship n,Sp II 81 south ' OF Range IS West which
lies easteriy of said Grand river:
ton m" of a ditch. canal. fumes and sy-
phons upon and over said lands Tor
and as part of the irrigauSom Snn system nnS os os
soon as the location thereof shall have
been definitely determined by surveys
'"s But Subject Always to the several
conditions respectively numbered TO
II (both numbers inclusive) as foi-
uJ That within one year from date
hereof the Licenses shall make axe ,al plq
right from Grand river to the orchard
District, and for coustructing, the nee
not exceeding capacity of $50 second
feet extending from the point OF di.
the canon of the Grand river to the
lands included within the terrltorlhi
limits Of The orGhhrd hId sbn p,str,e' he aecepT anu
| ed by the Board of Directors OF suiu
District, and shall ripen into a con,raet tract
| in that behalf between said orcnaru
! District and the Licensee. duly author
| lzed. 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,,
! the Licensee shall not make bld as re
quircd by this condition prior TO the
| expiration of one year from date here
! OF or II 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
the head of the Grand Valley canal,
t2l That the location of said ditch.
canal. fumes and syphons in the canon
II the Grand river shall be in accord
ance with the plans OF the Secretary
and that the same shall be located ana
constructed with a view to a possible
future enlargement of such ditch or
canal for use in irrignting lands lying
on the north side of Grand river oforc.
said and that when the location of all
said irrigation works forming part OF
the Orchard District irrigation system
shall have been definitely surveyed ana
located. the Licensee SHAH promptly
deliver to the Secretary maps in du-
fS1 That so far as the Licensec can
control the same. the Secretary shall
have the exclusive right to enlarge any
canal ditch. tlumes. syphons. and other
| irrigation works constructed ny the
Licensec for the purpose of utll1lnS
its said water right from Grand river.
(D That the Secretary shall in any
case have 5hc right as against the III
censee ns well AS against all persons
and corporations claiming under the
Licensee to enlarge any canal ditch;
numc or syphon made or constructed
| nv he
canon of the Grand river and to use
the enlarged work i'm aid and as part ni
| a system the construction OF which
may be undertaken by the Secretary
for the irrigation of lands lying north