The daily sentinel., 1908-10-14

had to the topographical maps and any
of doing the entire work: Provided.
auired 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-
his part Provided further: That the
ment Of sad eana dteh 'hS u@es
phons. or other irrigation works in
other party than .he Secretary. with
out making full charge for all costs
that may properly be made for such
enlargement or future operation and
maintenance
(5) That when and If said Orchard
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
irrigation system of the orchard Dis
trict and the Government digh Line
Canal
(6) That the Orchard District shall
utilize not more than 450 second feet
for. power and irrigation purposes, of
which not more than 1875 second feet
shall be used for irrigation, and shall
by, apt regulations require economi-
90 That all power waste water
from the pumping plant of the or,
be returned to the Grand river above
the head of the Grand Valley Canal
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-
quired for the lands comprising the Or
chard District and for the lands lying
proposed to be served by said Govern
ment High Line Canal, the available
water shall be apportioned between the
portion OF 2s per centum for the canal
of the Orchard District including pow
canal of the Secretary; provided that
If the orchard District shall include
less than l2.0 600 acres of irrigable land
the percentage to be allowed for the
District in case of shortage shall be re-
such proportion thereof the irriga-
BILE acreage in the District is of 12.-
600 acres.
canal, ditch. fumes and syphons over
said public lands of the United states
tract made by it with the Orchard Dis
trict. duly authorized ratified and ap,,
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-
yond the control of the Orchard Dis
trict or the Licensee or by adverse lit
igation involving one or both of them.
not a substitution for the forfeiture
provided in condition numbered l.
trict shall. through contract with the
Licensee, secure its completed irriga-
of a canal. ditch. fumes and syphons
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
itiated by it under the laws of Coiora-
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 1889. and
1gder SAID right for use ON Ia lands n
the orchard District. and by every 9th;
procure relinquishment to the Secre-
tary or his appointees of all said water
the completion of the Orchard Dis
trictS irrigation system and that the
District District shall use use its best efforts to
eating Company and shall when and as
the said stock shall be controlled by
it. procure assignment thereof to the
Secretary his appointees. The Lii
censee agrees that. within 80 days af-
ter it shall have made a contract with
the Secretary. for execution by him.
contract between the. United states OF
America and the Orchard District eN-
ecuted on the part of the said orchard
District providing for complianees
paragraph: and
(11) That within thirty days from
assign. transfer and set over unto the
Secretary or his appointees: one-half;
sqo%it Of G5O .S. 1sIS shares 6 Of the gapital
nal and Power Company. which still
owns at date hereof water right of
der said filing No 4l94 approved and
filed by the state Engineer of Colora-
% do on November II Il A. D 1907; and 81
appointees, SO second feet of the wat
er right from Grand river heretofore
from The Grand Mesas Land. Canal and
Power Company provided: however
lease of water right shall be made to
and accepted by the Secretary upon
conditions, First--that the same shall
for the irrigation of lands lying north
erly of Grand river save and except a
project initiated and completed by the
Secretary shall at any time abandon
os canal ppoee Gt setd oT Iand
upon the north side of Grand river.
then and in such case said stock and
said SO second feet shall be revested
| in the Licensee: 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 direc-
tion of the Secretary; and such rights,
or any part of them designated by
the Secretary shall at any time be
transferred to him or such other APP
pointee as he may designate who shall
| hold them under ike conditions.
init to the Engineer designated by the
Secretary the map of the location of
| said canal and other structures in the
| Cu mn nf CFaD nd rix in he
| I.icensee shall become obligated to the
| orchard District to furnish that part
OF its proposed irrigation system. and
to obtain approval thereof by said en-
| gineer before proceeding with the