The daily sentinel., 1908-10-09

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that the Secretary shall not be re-
quired to provide ditch capacity for
| CARRYING the water of the Licensee un-
1 less the Licensee shall have made pro-
vision to the satisfaction of the Sec
retary for payment OF the amount pay
spect thereof when and as the Secre-
tary shall become liable therefor on
his part. Provided further; That the
licensee shall not permit the enlarge
ment of said canal ditch. fumes. sy-
Rnons the canon or OF S!hdr the Grand rveT BY any
other party than lhe Secretary with
out. making full charge & f9r al al costs costs
enlargement or future operation and
maintenance .,o,,
District canal or structures as en-
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; land that in such case the cost
! of operation and maintenance shall be
apportioned between and borne by the
Orchard District and the Secretary or
water carried is divided between the
irrigation system of the Orchard Dis
trict and the Government High Line
ds5 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
cal use of all its irrigation water.
90 That all power waste water
from The pumping Plant Plan sSi,e ot tne sbsn ar
be returned to the Grand river above
the head of the Grand Valley Canal so
called, so that there need be no loss
to irrigation 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
chard District and for the lands lying lying
proposed to be served by said Govern
ment High Line Canal, the available
canals of the parties herto in the pro.
portion of 2s per centum for the canal
of the Orchard District including pow
er water and ~ per centum for the
canal of the Secretary: provided that
If the orchard District shall include
the percentage to be allowed for the
District in case of shortage shall be re-
duced from IS per cent. and shall be
such proportion thereof as the irriga-
BILE acreage in the District is of 49,
(9) That the right of way for said
canal, ditch fumes and syphons over
said public lands of the United States
sole purpose of carrying out n con-
tract made by it with the orchard Dis
proved by the electors of said orchard
District in pursuance OF and IN con-
formity with the laws VS. OF the state ia ,opt oil
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.
This forfeiture is in addition to and
not substitution for the forfeiture
provided in condition numbered -
G0) That when the orchard Dis
trict shall. through contract with the
Licensee. secure. it's completed irriga-
of "a canal, ditch. fumes and syphons
on and over said public lands OF the
snn gnited drshard Dstrct hsn a"a Shall pro Promptly
release to the Secretary or his appoint
ees each and every water right from
Grand river at any time heretofore IN
itiatcd by il under the laws of colora-
do and that by assignment to the Sec
rotary or his appointees, of stock in
the Mutual Mesa Trrigating Company.
owner OF the so-called Rose Point filing
for / 600 second feet made in 1889. and
under said right for on lands In
the Orchard District and by every 9th,
procure reiinquishment to the Secre
tary his appointees of all said water
the completion of the orchard Dis
tricts irrigation system and that tne
acaaire iS' ali OF the the stock OF said Irri-
eating Company and shall when and as
the said stock shall be controlled by
II, procure assignment thereof to the
Secretary or his appointees The Lii |
ccnsee agrees that, within 80 days af- |
ter II shall have made n contract with |
said orchard District. 1t viii submit TO
contract between the United States of
ecuted on the part of the said orchard !
District provldftitng t9r t o0i S9imGi,"9,fhgis ,his
tii1 That within thirty DAYS from
delivery hereof the BiCcnScc shall 90 ]
assign. transfer and set over unto the
Secretary or his appointees; one-half,
stock of the Grand Mcsas Land, ca,
nal and Power Company. which still
owns at date hereof water right of
der said hling No. i19i. approved aud
filed by the State Engineer of Colora-
do on November II. n. u 1907, and t2l
shall release to the Seer etary, or his
appointees. so second feet of tho wat
er right from Grand river heretofore
acquired by IL by meSne conveyanccs
from The Grand Mesas Land. Canal and
Power Company. provided, however
that said transfer of stock and said re
lease of water right shall be made to
and accepted by the Secretary upon
not inure to the beneht of any project
FOR the irrigation of lands lying north
erly of Grand river save and except
urotect initiated and complotcd ny the
Secretary-nnd Second, That If the
Secretary shall at any time abandon
prosecution of said government liigh
Line Caupl project for irrigating lands
upon the north side of Grand river
then and in such case said stock and
said so second feet shall be revested
in the Licenscc. provided that the APP
rointec of the Secretary in this con
tr,'t ,,,ontfoned shall talse s,,ch rights
and interests in trust for the use and
benefit of the said Government High
Line Canal and subject to the dircc-
ton of the Secretary; and such rights
or any part of them as designated by
the Secretary shall nt any time be
transferred to him or such other APP
uointec as he may designate who shall
hold them under ike conditions.
Second, The Iiccnscc agrees to sub
mit to the Engineer designated by the
Secretary the map of the location of
said canal and other structures in the
canon of the Grand river in case the
Licensec shall become obligated to the
orchard District to furnish that part
OF it's proposed irrigation system and
to obtain approval thereof by said en-
ciueer before proceeding with the
said Engineer shall promptly approve
amy location adopted by the Licensee
f,t.Fl