The daily sentinel., 1908-10-03
its own provision for irriestins the

the purpose of securing irrigation 10
county. Colorado. lying on the souther
Iy bank of the Grand river. westerl'
tion made by the Gunnison river witt
Grand river at or near the city %
Grand Junction. in said state OF ,Codo
ship of a water right of $50 secon'
feet from Grand river, to be used an'
| enjoyed in connection with as part o
its said Irrigation system; and
Whereas. the Licensee has purchase,
and now owns water right OF %,
| county Colorado, under a claim maj
and statement made by the Grand Me
sas Land Canal and Power Company
| n corporation created, organized, ano
existing under the laws OF COLORADO
approved by the State Engineer OF
1907. as Filing No. 4194. as appears
from copy. thereof filed with the
whereas. the point of diversion OF
water under said water right is liked
river in Section l2. Township 10 SOUTH
Range 9S West in Mesa county, Colo
rado. and the proper utilization of said
water right requires the construction
of ditch or canal along the left or
easterly bank. in the canon of the
Grand river and n part thereof will be
on lands now forming part of the pub
lie domain of the United States; and
the diversion weir. and headgate of
said point of diversion under the Lii
censee's water right; and
whereas. tnt llccnStt u
utilize and appropriate $50 second feet
of its said water right in furnishing
to the orchard District its proposed ir-
rigation system and such appropriation
is in part dependent upon its ability
to procure right of way over the pub
lie lands in the canon of the Grand riv-
er for the ditch. canls. fumes. and sy-
phons requisite to carry said water,
which said public. lands have been
heretofore and still continue to be
withdrawn under the provision of the
said Act of June II. 1909. and are not
cable to lands forming part of the
public domain not so withdrawn. and
whereas. the Licensee desires from
the Secretary license. permit or
grant for constructing and maintaining
on said public lands in the canon of the
Grand river. "A ditch. canal, fumes and
syphons of such character as will en-
able II to utilize and appropriate 400
second feet of its said water right from
Grand river in aid and as part OF the
orchard Districts proposed irrigation
system, and also a license. premit or
grant for constructing the distribut-
ing canals of the Orchard District Irri-
cation System over across and upon
all other lands forming part of the
public domain as hereinafter described;
which are traversed by said proposed
distributing canals. and the Secretary
is willing on certain conditions TO
Now. Therefore. 1t is hereby mutual
ly greed between the parties as fol-
First-The Secretary hereby licenses
and permits the Licensee to enter in
to and upon all the landS forming part
of the public domain of the United
States. lying and being situate on the
left or easterly and southerly side OF
the Grand river in Mesa county. Colo
RADIO. between the intersection thereof
by the north and south center line of
Section 10. Township 10 South of
Range 9S West and the confluence of
the Grand and Gunnison rivers, and es-
peeially the following lands. to-wit;
The Southwest quarter OF Section H.
The west half of Section 13.
The Northwest Quarter Of the North
west Quarter of Section "a.
The East half of the Northeast GUAR
ter and the Southwest Quarter of the
Northeast Quarter of Section 80
west Quarter of section 26
All in Township 10 South of Range
Also all that part of Section 3. Town
ship II South of Range 9s West which
lies easterly of said Grand river; ,r,o-
tion of a ditch canal. fumes and sy-
phons upon and over said lands for
and as part of the irrigation system of
said orchard District when and
soon as the location thereof shall have
been definitely determined by surveys
But Subject Always to the several
conditions respectively numbered TO
II tboth numbers inclusive) as fol-
% That within one year from date
hereof the Licensee shall make a bid
for furnishing 100 second feet water
right from Grand river to the orchard
District, and for constructing, the nee
not exceeding a capacity of 450 second
feet extending from the point of di-
version above described in and along
the canon of the Grand river to the
lands included within the territorial
limits of the orchard District; and
ed by the Board of Directors of said
District, and shall ripen into contract
in that behalf between said Orchard
District and the Licensee, duly author
lied. ratified and approved by the cleo
tors of said District as required by law.
. 10 Esl
entire contract and each and every part
thereof shall wholly lapse and determ-
the Licensee shall not make bid as re-
quircd by this condition prior TO the
of, or If the Licensee shall attempt to
construct any irrigation works on the
north side of the Grand river; or to
furnish any water FOR irrigation Tor
such lands except the waste power
water to be turned into the river above
tho head OF the Grand Valley Canal
C2l That the location OF said ditch,
canal fumes and synhons in the canon
OF the Grand river shall be IN hccord-
nncs with the plans of the Secretary
and that the same shall be located and
constructed with n view to possible
canal Tor use in irriEnting lands lying
on the north side OF Grand river ntorc-
said. and that when the locntlon OF az az
said irrigation works forming part OF
the orchard District irrigation system
shall have been definitely surveyed and
located. the Liccnsce shall promptly
deliver to the Secretary maps in du-
plicntc showing such definite location.
(a) That so far as the Liccnsee can
control the same. the Secretary shall
have the exclusive right to enlarge any
canal. ditch. fumes, syphons and other
irrigation works constructed by the
Llccnsce for the purpose of utilizing
its said water right from Grand river.
90 Th-t the Secretary shall In any
case have he right as against the LII
censcc as well as against all persons
and corporations claiming under the
Liccnsee, to enlarge any canal. ditch,
1umc or syphon made or constructed
by the Licensec at any point in the
canon of the Grand river and to use
the enlarged work in aid and as part Of
"a system, the construction of which
may he undertaken by the Secretary
for the irrigation Of lands lying NORTH
of Grand river, all free and clear oi
or its assigns of any kind or descrip'
ton. provided that such enlargement
shall be SO conducted as to avoid In
terference with the delivery of watel