The daily sentinel., 1908-10-21

. BILE by the Licsnsee. recourse shall b
70 ats shs maps snd
r Of doing the entire work; PROVIDED
: carrying the water of the Licensee un
y less the Licensee shall have made pro
: vision to the satisfaction of the Sec
b retary for payment of the amount pay
4 able by the Licensee hereunder in re
speet ni, thereof n~ when ar and d as the seere
! his part. Provided further: That tn
! licensee shall not permit the enlarge
ment of said canal ditch. fumes. sy
phons. or other irrigation works ii
the canon OF the Grand river by an.
other party than lhe Secretary with
out making full charge for all cost,
} that may properly be made for suci
enlargement or future operation anc
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
cessors; and that in such case the cost
of operation and maintenance shall be
apportioned between and borne by the
his SUCCESSORS in the proportion that
water carried is divided between the
trict and the Government High Line
| Canal.
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 economic
cal use of all its irrigation water.
from the pumping plant of the or.
chard District irrigation system shall
the head of the Grand Valley canal So
called, SO THAI there need be no Toss
of diversion for power.
Cs) That when the flow OF the Grand
river falls below the total amount re-
chard District and for the lands lying
proposed to be served by said Govern
water shall be apportioned between the
canals of the parties herto in the pro.
of the Orchard District including pow
er water and 72 per centum for the
nu II the q orchard @ District pf9H'G1 shsii include
lesS than 10000 acres of irrigable land
the percentage to be allowed for the
such proportion thereof as the irriga
BILE acreage in the District is of a.
(sl That the right of way for said
canal dteh fumes IS and md syphognss stote oyer
shall be used by the Licensee for the
sole purpose of carrying out a con-
tract made by IL with the Orchard Dis
trict. duly authorized. ratified and ap-
proved by the electors of said orchard
OF ana IN con-
formity with the laws OF the state OF
Colorado and shall be subject to for
feitmre by the Secretary II the canal
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.
This forfeiture is in addition to and
not substitution for the so forfeiture
G0) That when the Orchard Dis
trict shall, through contract with the
tion system. embracing as part there |
of a canal. ditch: fumes and syphons
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
Grand river at any time heretofore in |
itiated by 1t under the laws of Colora-
do. and that by assignment to the Sec |
retary or his appointees. of stock in
the Mutual Mesa Irrigating Company. |
owner OF the so-called Rose Point filing
for 1000 second feet made In 1889. and
by cessation OF appropriation of water |
under said right for use on lands in
er lawful method. said district shall
procure REIMBURSEMENT to the Secre- |
right at the earliest possible. day after
the completion of the orchard Dis
tricts irrigation system and that the
acquire all OF the stock OF said Irri-
eating Company and shall when and as
II. procure assignment thereof to the
Secretary or his appointees. The Lii
it ter it shall % have % made az, contrSet mt act with
said Orchard District. IL will submit to
the Secretary. for execution by him.
America and the orchard District. ex-
eeuted on the part of the said orchard
with the conditions set out in this
paragraph; and
GD That within thirty DAYS from
delivery hereof, the Liccnscc shall %
assign, transfer and set over unto the
Secretary or his appointees; one-half:
stock of the Grand Mesas Land, Ca
nal and Power Company. which still
der said fling No. 4194. approved and
filed by the State Engineer of Colora-
shall release to the Secretary. or his
appointees. so second feet OF the wat
er right from Grand river heretofore
acquired by it by mesne conyeyances
from The Grand Mesas Land. Canal and
power G9mpSny p 5reyIdsd and
lease of water right shall be made to
and accepted by the Secretary upon
not inure to the benefit OF any project
for the irrigation OF lands lying north
project Initiated and completed by the
Secretary-and Second. That IL the
Secretary shall ot any time abandon
Line Canal project for irrgatinE lands
upon the north side of Grand river.
said SO 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
Line Canal and subject to the direc-
tion 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-
pointee he may designate who shall
hold them under ike conditions
| Sapnnd Tho IiCpnSRp h
init to the Engineer designated by the
| Secretary. the map OF the location of
| snid canal and other structures in the
canon OF the Grand river in case the
| Licen.ee shall become obligated to the