The daily sentinel., 1908-10-22

BILE by the Licensee, recourse shall. b,
had TO the Typographical maps and an,
arriving at the cost TO the Secretar.
| of doing the entire work: Provided
] carrying the water of the Licensee un-
less the Licensee shall have made pro
vision to the satisfaction of the Sec
able by the Licensee hereunder in re-
spect thereof when and as the Secre-
his part. Provided further: That the
licensee. 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 cbr ine Secretary ret wsh "dsfs
that may properly be made for such
enlargement or future operation and
go That when and If said Orchard
District canal or structures as en-
larged are used jointly by the Secre-
operation and maintenance shall be
carried on by the Secretary or his sue
of operation and maintenance shall be
apportioned between and borne by the
water carried is divided between the
irrigation system of the Orchard Dis
trict and the Government High Line
Canal
90 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. ard shall
cal use Of all its irrigation water.
Cd That all power waste water
ehard hare District fh Irrigation % system vs. me shall
be returned to the Grand river above
the head of the Grand Valley CanaE 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-
qured for the lands comprising the Or
ohard b District nrt6 i5 AND for the lands lying
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
'f the Orchard District including pow
er water and ~ per centum for the
ANAL of the Secretary: provided that
+ the orchard District shall include
ess than 10000 acres of irrigable land
he percentage to be allowed for the |
District in case of shortage shall be re- |
luced from 2s per cent. and shall be
Die acreage in the District is of 12.-
(9) That the right of way for said
anal. ditch fumes and syphons over |
'aid public lands of the United States |
'ole purpose OF carrying out a con-
ract made by il with the Orchard Dis |
rict. duly authorized ratified and ap-
proved by the electors of said Orchard |
District in pursuance of and in con-
ormlty with the laws of the state of
Colorado and shall be subject TO for
hail not be completed within three
ears. unless prevented by causes be-
rict or the Licensee or by adverse lit
cation Involving one or both of them;
Tot substitution for the forfeiture
provided in condition numbered l.
t1o) That when the Orchard Dis
4icensee, secure Its completed irriga-
ion system. embracing as part there
IN and over said public lands OF the
United States. then and in that case
aid orchard District shall promptly
es each and every water right from
irand river at any time heretofore in
10, and that by assignment to the Sec
etary or his appontees. of stock in
he Mutual Mesa Irrigating Company,
'wner OF the so-called Rose Point iiling
or 1000 second feet made in 1889. and
" cessation of appropriation of water
he Orchard District. and by every 9th
IT lawful method. said district shall |
to the
tight at the earliest possible day after
he completion OF the orchard Dis
.ricts irrigation system and that the |
District shall use it's best efforts to
tcquire all of the stock OF said Irri-
he said stock shall be controlled by
T. procure assignment thereof to the
or his appointeesao ao The Il
er II shall have made contract with
'aid Orchard District. it will submit to
he. Secretary. for execution hv him
contract between the United states OF |
America and the orchard District cN- |
on 59e PAR, of sne d
with the conditions set out in this
and 80 -,
delivery hereof the Licensee shall % |
assign, transfer and set over unto the
,9G 9r his apponteef h onehni half
stock of the Grand Mesas Land. Ca
nal and Power Company. which still
700 second feet from Grand river un-
der said hling No 4l94. approved and
10 on November IL. a. d 1907; and (2)
shall release to the Secretary. or his
appointees 90 second feet of the wat
ncquired by 1t by mesne conveyances
from The Grand Mesas Land. Canal and
that said transfer Of stock k and G said Ire re-
lease of water right shall be made to
and accepted by the Secretary upon upon
not inure to the benefit OF any project
for tho irrigation of lands lying north
erly Of Grand river save and except a
proJect initiated and completed ny the
Secretary-and Second. That II the
Secretary shall at any time abandon
Line Canal project for irrigatinE lands
upon the north side Of Grand river.
said so second feet shall be revcsted
IN the Liccnsee; provided, that the APP
pointee 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 and subject to the dlree-
ton of the Secretary; and such rights.
or any part OF them as designated by
transferred to him or such other ap-
rotntcc AS he may designate who shall
hold them under ike conditions.
Second. The Liccnsce agrees to sub
init 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
Licensee shall become obligated to the
Orchnrd District to furnish TINT mart