The daily sentinel., 1908-10-05


arriving at the cost to the Secretar!
Of doing the entire work; Provided
the to atsb fha aos be
carrying 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.
tary shall become liable therefor or
his part. Provided further: That the
lieensee shall 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
maintenance
90 That when and If said Orchard
District canal or structures as en-
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
trict and the Government High Line
Canal.
(6) 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. and shall
by apt regulations require economi-
cal use of all its Irrigation water,
from the "IS pumping m p plant f' of the w15fr ofr
chard District irrigation system shall
be returned to the Grand river above
called, so that there need be no loss
to irritation at that point. on account
of diversion for power.
CS) That when the flow of the Grand
river falls below the total amount re-
quired for the lands comprising the Or
on the north side of the Grand river
proposed to he served by said Govern
ment High Line Canal. the available
water shall be apportioned between the
canals OF the parties herto in the pro-
Of the orchard District incIudins pow pow
er water and ~ per centum for the
canal of the Secretary; provided that
less than 10000 acres of irrigabie land
the percentage to be allowed for the
duced from 2S per cent. and shall be
such proportion thereof as the irriga-
BILE acreage in the District Is of 49,,
t9l That the right of way for said
canal; ca n dit; ditch fumes and syphons over
shall be used by the Licensee for the
sole purpose of carrying out "A con-
tract made by it with the Orchard Dis
proved by the electors of said Orchard
District in pursuance of and in con-
Colorado and shall be subject to for
feitmre 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 lit |
lgation involving one or both of them.
This forfeiture is in addition to and
not substitution for the forfeiture
provided in in condition numbered 1.
trict shall, through contract with the |
Iieensee secure It's completed irriga-
Of canal. ditch. fumes and syphons |
on and over said public lands of the
said orchard District shall promptly |
release to the Secretary or his appoint
ses each and every water right from
irand river at any time heretofore in
tiated by 1t under the laws of Colora-
10. and that by assignment to the Sec
retary his appointecs of stock in
he Mutual Mesa Irrigating Company.
owner of the so-called Rose Point filing
'or 1000 second feet made in 1889, and
under said right for use on lands in
he Orchard District, and by every 9th.
procure relinquishment to the Secrc-
tary or his appointees of all said water
the complexion of the Orchard Dis
tricts irrigation system and that the
Ds1T,et cs,ira at 1hall use use is best eorts to
eating Company and shall when and as
he said stock shall be controlled by
{. procure assignment thereof to the
or his appointees. The Lii
'ensee agrees that within 30 days af-
er 1t shall have made a contract with
aid Orchard District. 1t will submit to
he secretary, for execution by him.
.ontract between the United States of
\merica and the orchard District. ex-
'cuted on the part of the said orchard
district providing for eompliances
vith the conditions set out in this
dD That within thirty days from
lelivery hereof the Licensec shall G)
.ssign, transfer and set over unto the
ecretary or his appointees. one-half.
o-wit; $50 shares OF the capital
lal and Power Company. which still
,wns at date hereof "A water right of
Ter said fling No. 4IaI. approved and
He'd by the State Engineer of Colora-
10 on November II, A, ID. 1907: and (2)
'ppointees, so second feet of the wat
,r right from Grand river heretofore
rom The Grand Mesas Land. Canal and
,ower Company, provided. however.
hat said transfer Of stock and said re-
ease of water right shall be made to
Ind accepted by the Secretary upon
First--that the same shall
rot inure to the benefit of any project
or the irrigation of lands lying north
Project initiated and completed by the
Secretary shall at any time abandon
of said Government High
ipon the north side of Grand river,
hen and in such case said stock and
n the Licensee; provided. that the ap-
pointee of the Secretary in this con-
ract mentioned shall take such rights
md interests in trust for the use and
benefit of the said Government High
line Canal and subject to the direc-
ion of the Secretary; and such rights.
,r any part of them as designated by
he Secretary shall at any time be
to him or such other ap-
,ointee he may designate who shall
iold them under like conditions
Second. The Licensee agrees to sub
nit to the Engineer designated by the
the map of the location of
said canal and other structures in the
anon of the Grand river in case the
.tcensec shall become obligated to the
orchard District to furnish that part
If its proposed irrigation system and
% obtain approval thereof by said en-
.Lnnnr hnfnra nrncnnditn.- ,a.it th.al