The daily sentinel., 1908-10-08
its own provision for irrIgatIng the

its own provision for irrigatlng tn
lands comprised therein; and
Whereas. the Orchard District is
municipal corporation created unde
the laws of the state of Colorado 10
the purpose of securing irrigation TO
county. Colorado. lying on the souther
ly bank of the Grand river, westerl,
Of Palisades and easterly of the juno
ton made by the Gunnison river witt
Grand Junction. in said state of Colo
ship of a water right OF $50 secon,
feet from Grand river, to be used an'
enjoyed in connection with as part o
Its said irrigation system. and
Whereas, the Licensee has purchased
and now owns water right. of 50l
county. Colorado, under a claim maj
and statement made by the Grand Me
sas Land. Canal and Power Company
corporation created. organized. anC
existing under the laws of Colorado
approved by the. State Engineer OF
1907. as Filling. No. 4194. as appears
from a copy thereof hled 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 ss west VEST in In Mesa s County. Colo
rado. and the proper utilization of said
water right requires the construction
OF ditch or canal along the left or
ensterly bank. in the canon of the
Grand river and 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
cenSees water right. and
Whereas. the Licensee desires to
utilize and appropriate 450 second feet
of its said water right in furnishing
to the Orchard District its proposed ir-
rigation system and such appropriation
is in part dependent upon its ability
to procure right of way over the pub
lie lands in the canon OF the Grand riy-
er for the ditch, canls. fumes, and sy-
which said public lands have been
heretofore and still continue to be
withdrawn under the provision of the
said Act of June II, 1902. and are not
subject to the provisions of law appli-
cable to lands forming. part of the
Whereas. the Licensee desires from
the Secretary license, permit or
on said public lands in the canon of the
Grand river, a ditch canal. fumes and
syphons of such character as will en-
able II to utilize and appropriate $50
second feet of its said water right from
Grand river in aid and as part of the
Orchard Districts proposed Irrigation
system, and also n license. premit
grant for constructing the distribut-
ing canals of the orchard District Irri-
all other lands forming part of the
public domain as hereinafter described.
which are traversed by said proposed
is WILING on certain conditions to
grant the same.
Now. Therefore 1t is hereby mutual
lows; es' ''"ee" '"e parties as io'-
First-The Secretary hereby licenses
to and upon all the lands forming part
of the public domain of the United
left or easterly and southerly side of
the Grand river in Mesa county Colo
rado between the intersection thereof
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:
The Southwest quarter of Section IL
The west half Of Section y
west Quarter of Section "a
The East half of the Northeast Quar-
ter and the Southwest Quarter Of the
west Quarter Of section &c,
9S West
=, Also al that part Of seStI9n 8 Town,
And to proceed with the construc-
tlon OF n 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
respectively numbered ] to
II (both numbers nclusive) fol
CJ That within one year from date
hereof the Licensee shall make bid
for furnishing II $50 second feet water
right from Grand river to the orchard
and for constructing the nee
essary canal. ditch, fiume and syphons
not exceeding n capacity of $50 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
hat thETRnftpr SAID bid shall he accent
ed by the Board of Directors of said
District, aud shall ripen into a contract
District and the Liccnsee. duly author
lied ratified and approved by the cleo
II Is expressly stipulated that this
entire contract and each and every part
thereof shall wholly Lapse and determ-
Inc at the option of the Secretary If
the Liccusee shall not make bid as re
quircd by this condition prior to the
expiration of one year from date here
any irrigation works on the
north. side of the Grand river or to
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.
cnnul fumes and syphons in the canon
Of the Grand river shall be In accord
INC" with the plans Of tho Secretary
md that tho same shall be located and
constructed with view to a possible
future enlargement of such ditch or
IN 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-
plicatc showing such definite location
tSl That so far as the Licensee can
control the same. the Secretary shall
have the exclusive right to enlarge amy
canal, ditch, fumes. syphons. and other
irrigation works constructed by the
Liccnsee for the purpose of utilizing
it's said water right from Grand river.
90 That the Secretary shall in any
case have the right as against the Lii
censec ns wen as against all persons
and corporations claiming under the
Licensec, TO enlarge any canal ditch.
numc or syphon made or constructed