The daily sentinel., 1908-10-19

BILE by the Iicensee. recourse shall b
other data utilized by the Secretary il
arriving at the cost to the Secretar.
Of doing sher.ent the entire snsS work; Provided
quired to provide ditch capacity 70
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
his part. Provided further: That tbs
% ment Of said canal. ditch. fumes. sy.
phons. or other irrigation works ir
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
C5) That when and IL 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.
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
cal use of all its Irrigation water.
90 That all power waste water
chard District irrigation system shall
be returned to the Grand river above
called; SO that there need be no loss
to irrigation at that point, on account
OF diversion for power.
go 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
portion of 2S per centum for the canal
of the Orchard District including pow
er water and T2 per centum for the
canal of the Secretary; provided that
Z the orsheGd ard DISTRICT shall ;, ,neIuds
the percentage to be allowed for the
District in case of shortage shall be re-
luoed from 2s per cent and shall be
such proportion thereof the irriga-
Dle acreage in the District is of H.
700 acres.
ANAL. ditch. fumes and syphons over
said public lands of the United States
shall be used by the Licensee for the
-ract made by IL with the Orchard Dis
.rict. duly authorized. ratified and ap-
proved by the electors Of said Orchard
'ormity with the laws of the state of
and shall be subject to for
shall not be completed within three
Years. unless prevented by causes be-
yond the control of the. orchard Dis
rict or the Licensee or by adverse lit
cation involving one or both of them
This forfeiture is in addition to and
rot .i,s a substitution m for e the forfeiture
(1O) That when the Orchard Dis
rict shall through contract with the
s.... r.I. fsa1 f,-rt
ion system, embracing as part there
II a canal. ditch. fumes and syphons
m and over said public lands of the
United States. then and in that case
aid Orchard District shall promptly
eiease to the Secretary or his appoint
es each and every water right from
irand river at any time heretofore in
tiated by IL under the laws of Colora-
10. and that by assignment to the Sec
he Mutual Mesa Irrigating Company.
'wner of the so-called Rose Point filing
lnder said right for use on lands in
he Orchard District. and by every 9th,
n lawful method. said district shall
procure REIMBURSEMENT to the Secre-
airy or his appointees of All said water
he completion OF the Orchard Dis
rict's irrigation system and that the
district shall use use ITS best effortS ta Tr to
.ating Company and shall when and as
he said stock shall be controlled by |
procure assignment IntTtoI TO lnt
ecretary or his appointees- The LII
ensee agrees that. within 80 DAYS af- |
err 1T shall have made a contract with |
aid Orchard District. 1T will submit to
he Secretary. for execution bS him. |
ontract between the United States of |
america and the Orchard District. eN-
cuted on the part of the said orchard |
District providing for compliances
With the conditions set out In this
Ii) That within thirty davs from
elivery hereof. the LiccnFec shall %
ssign, transfer and set over unto the
o-wit: $50 shares OF the capital
tock OF the Grand Mesas Land, ca;
WINS At date hereof a water right OF
90 second feet from Grand river un-
Ter said flinE No. tl94. approved and
10 on November II. A, ID 1907; and t2)
'hall release to the Secretary, or his
r right from Grand river heretofore
acquired by it by mesne conveyances
rom The Grand Mesas Land. Canal and
hat said transfer Of stock and said re-
ease of water right shall be made to
md accepted by the Secretary upon
not inure to the benefit OF any project
'or the irrigation of lands lying north
project initiated and completed by the
Second. That II the
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 30 second feet shall he 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
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 ap-
pointec as he may designate who shall
hold them under ike conditions
Second. The Licensce agrees to sub
init to the Engineer designated by the
the map OF the location of
said canal and other structures in the
canon of the Grand river in case the
t.icensee shall become obligated to the
orchard District to furnish that part