The daily sentinel., 1908-10-06
DAILY SENTINEL, GRAND JUNCTION, COLORADO

BILE by the Licensee. recourse shall be
had to the toPographhicalh al msps and any
arriving at the cost to the Secretary
of doing the entire work; Provided
quired to provide ditch capacity for
carrying the water of the Licensee un-
less the Licensee shall have made pro-
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 on
his part. Provided further: That the
licensed, shall not permit the enlarge
phons. or other irrigation works in
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
(5l 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 shall 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
irrigation system of the orchard Dis
trict and the Government High Line
C6) That the Orchard District shall
utilize not more than $50 second feet
which not more than 125 second feet
shall be used for irrigation. and shall
by apt regulations require economi-
cal use of all it's irrigation water.
90 That all power waste water
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.
90 That when the flow Of the Grand
river fnllS below the total amount re-
quired for the lands comprising the Or
on the north side OF the Grand river
proposed to be served by said Govern
ment High Line Canal. the available
canals of the parties herto in the pro-
portion of 2S per centum for the canal
Of the orchard District including pow
canal of the Secretary; provided that
II the orchard District shall include
less than 10000 acres of irrigable land
the percentage to be allowed for the
District In case of shortage shall be re-
duced from Is per cent. and shall be
such proportion thereof as the irriga-
Bile acreage in the District is of r.
(95 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 a con-
tract made by it with the orchard Dis
trict, duly authorized. ratified and APP
proved by the electors of said Orchard
District In pursuance of and in con-
formity with the laws of the state of
Colorado and shall be subject to for
feiture by the Secretary If the canal
shall not be completed within three
years, unless prevented by causes be-
trict or the Licensee or by adverse lit
lEation involving one or both of them.
This forfeiture is in addition to and
not a substitution for the forfeiture
provided in conditisn numbered l.
iol That when the Orchard Dis
l1GenSep. Its COmnlptpn tfrfEn-
tion system, embracing as pnrt there
of 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 IL under the laws of Colora
do. and that by assignment to the Sec
retary or his appointees. of stock In
the Mutual Mesa Irrigatng Company.
owner OF the so-called Rose Point fIIins
for 1000 second feet made in 1883. and
by cessation of appropriation of water
the Orchard District and by every 9TH
er lawful method. said district shall
procure relinquishment to the Secre-
right at the earliest possible day after
the completion of the orchard Dis
triets irrigation system and that the
District shall use its 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
1t. procure assignment thereof to the
Secretary or his appointees The Ii
censee agrees that, within 30 dars nf
ter 1t shall have made contract with
said Orchard District 1t viii submit to
the Secretary, for eNecutiou bV him
contract between the United States of
America and the orchard District cx-
ecutcd on the part of the sVid Orchard
District providing for compliances
paragraph: and
uD That within thirty dnvs from
delivery hereof. the ldccnspc shall %
assign. transfer and set over unto the
to-wit: $50 shares Of the capital
stock of the Grand Mesas Land, Ca
nal and Power Company. which still
owns at date hereof water right of
der satd Ming No. lle4. approved and
nlcd by the State Engineer of Coiora-
do on November II. A. 1907 aud go
shall release to the Secretary or his
nppointees 90 second fcct of the wat
er right from Grand river heretofore
from The Grand Mesas Land. Canal and
.hat said transfer Of stock and said re-
lease OF water right shall be made to
and accepted hy the Secretary upon
conditions, First--that the same shall
for the irrigation OF lands lying north
crlN of Grand river SuVc and except a
e.IoJeS,t iiiilatsd Hnd GpmpIeted py me
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 Liccnsce; provided. that the ap-
pointco of the Secretary in this con-
tnct mentioned shall take such rights
and interests in trust for the use and
benefit of the said Government High
line Canal and 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 Rp-
nointee as he may designate who shall
hold them under Ike conditions.
Second. The Liccpscc acyrees 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
ilccnsce shall become obligated to the
II is proposed irrigation system. and
- obtain approval thereof by said en-
Hinccr before proceeding with the
wink hlI iLn snnrntn ..r....s tn 1