The daily sentinel., 1908-10-24

arriving at the cost to the Secretary
that the Secretary shall not be re
quired to provide ditch capacity fol
| CARVING 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
iicensee shall not permit the enlarge
ment of said canal. ditch. fumes. sy-
phons. or other irrigation works in
| the canon OF the Grand river by any
other party than The Secretary with
out making full charge for all costs
that may properly , pe maee oneeation tor a3d
d55 That when and If said Orchard
District canal or structures as en-
larged are used jointly by the Secre-
tary and by the Orchard District; the
operation and maintenance shall be
carried on by the Secretary or his sue
cessors: and that In such case the cost
of operation and maintenance snail be
apportioned between and borne. by the
Orchard District and the Secretary or
his successors in the proportion that
water carried is divided between the
trict and the Government High Line
Canal, ..,
utilize not more than $50 second feet
for power and irrigation purposes. OF
shall be used for irrigation and shall
by apt regulations require economi-
cal use Of all its Irrigation s, water; ate
from the pumping plant of the or,
chard District irrigation system shall
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
fsj That when the flow of the Grand
river falls below the total amount re
ehard H d District and for the lands lying
on the north side OF. the Grand river
proposed to be served by said Govern.
water shall be apportioned between the
canals of the parties herto in the pro,
Of the Orchard District including pow
er water and ~ per centnm, ,,d9 f9r the the
canal of the Secretary; proyiided i ida Ina.
less than 10000 acres of irrigable land
the percentage to be allowed Tor the
dneed stref rom on ease IS pt Der CENT ana shall be
such proportion thereof as the irriga-
BILE acreage in the District is or H.
(9) That the right of way for said
canal. ditch. fumes and syphons over
shall be used by the Licensee for the
sole purpose of carrying out a con-
tract made by 1t with the orchard Dis
trict duly authorized, ratified and ap-
proved by the electors of said orchard
District in pursuance of and in con-
f9rmitg with the ha iaTs Ss subieet M e to for
feiture by the Secretary II the canal
shall not be completed within three
yond the control of the orchard Dis
trict or the Licensee or by adverse ut
igation involving one or both of them;
This forfeiture is in addition to and
not substitution for the forfeiture
provided In condition numbered 1.
trict shall through contract with the
Licensee. secure its completed lrriga-
ton system in embraGing Ges as ana pars svphons
on and over said public lands OF the
United States. then and in that case
said orchard District shall promptly
release to the Secretary or his appoint
ees each and every water right from
Grand river at any time heret9tope, 40 Sp,orn rn-
do. and that by assignment TO the sec
retary or his appointees; of stock in
owner OF the so-called Rose Point filing
for 1000 second feet made In 1883, and
by cessation of appropriation 9i %s %a.ep In
the orchard District, and by every oth,
er lawful method. said district shall
tary or his appointees of all said water
right at the earliest possible day after
the eompleti9n OF & the 0rehaId nd tbat Pls the
acquire ali OF the stock OF said Irri-
gat ting Company and shall when ana as
the said stock shall be controlled by
it, procure assignment thereof to the
Secretary or his 30 days al az
ter 1T shall have made "A contract with
said Orchard District. it will submit to
contract between the United states OF
America and the Orchard District eN,
eeuted on the Part OF @ the seld 1rGpers oIoncrs
with the conditions set out In this
"a fii5 That within thirty davs from
delivery hereof. the ldcensee shnll q
assign, transfer and set over unto the
,SS his qPpointeefth the eapitni
stock of the Grand Mesas Land. ca,
nal and Power Company. which stu
owns at date hereof a water right of
700 second feet from Grand river un-
der said filing No. 4194. approved and
fiied by the State Engineer OF Coiora-
shall release to the Secretary; or his
appointees. SO second feet of the wat
acquired by 1t by mesne conveyances
from The Grand Mesas Land. Canal and
Of tdeS and sHd
lease of water right shall be made to
and accepted by the Secretary upon upon
conditions, First-that the same shall
not inure to the benefit of amy project
for the irrigation Of lands lying north
erly OF Grand river save and except n
project initiated and completed by the
Sccretnry-and Second. That II the
Secretary shall at any time abandon
prosecution of said Government High
Line Canal project for irrigating lands
upon the north side OF Grand river;
then and in such case said stock and
said so second feet shall be revested
IN the Iicensce. provided, that the ap-
pointcc OF the Secretary in this con-
tract mentioned shall take such rights
and interests in trust for the use and
benefit of the said Government High
Line Canal aud subject to the direc-
ton OF the Secretary; and such rights.
or any part Of them as designated by
the Secretary shall at any time be
transferred to him or such other app
pointee ms he may designate who shall
hold them under Ike conditions.
Second. The Licensce agrees TO sub
NIT to the Engineer designated by the
Secretary the map of the location OF
said canal and other structures in the
canon OF the Grand river in case the
iicensee shall become obligated to the
Of its proposed irrigation system. and
to sobtain approval thereof by said en-
rtncer before proceeding with the
work but the Secretary agrees that
aid Engineer shall promptly approys