The daily sentinel., 1908-10-05


the laws of the state of Colorado fol
about abe W is.oeo ES " acres ~ Of land iso in Mesa esq
3 county. Colorado, lying on the souther-
: ly bank of the Grand river, westerly
of Palisades and easterly of the juno
ton made by the Gunnison river with
Grand river at or near the city oi
rado. and intends to acquire owner
ship of water right of $50 second
enjoyed in connection with as part OF
its said Irrigation System: and
anI WIhereas na n the teensee has Pprc9ased s sed
second feet from Grand river in Mesa
county. Colorado under claim map
sas Land. Canal and Power Company.
a corporation created. organized, and
approved by the State Engineer of
COLORADO and fled November IL. a. d.
from a copy thereof filed with the
water under said water right is fixed
at a point in the canon Of the Grand
river In Section u. Township 10 South
Range 9s West in Mesa county Colo
j rado. and the proper utilization of said
water right requires the construction
of a ditch or canal along the left or
easterly bank. in tire canon of the
Grand river and a part thereof will be
lie domain of the United States; and
said canal will be located at the afore-
said point of diversion under the Lii
censee's water right; and
Whereas. the I.icensee desires to
of its said water right in furnishing
to the Orchard District it's proposed ir-
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
withdrawn under the provision of the
said Act of June u. 1902, and are not
cable to lands forming part of the
public domain not so withdrawn; and
Whereas. the Licensee desires from
grant for constructing and maintaining
on said public lands in the canon OF the
Grand river, ditch, canal fumes and
syphons of such character as will en-
able It to utilize and appropriate 45o
Grand river in aid and part of the
Orchard Districts proposed Irrigation
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
Is willing on certain conditions to
grant the same.
Now. Therefore, it is hereby mutual
iiS lows; greed 'e'wee" 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
left or easterly and southerly side of |
the Grand river in Mesa county Colo
by the north and south center line of |
Section II Township 10 South of
iSn Range eo9S sS We West and the confluence of
peeially the following lands. towit
The Southwest quarter of Section IL
The west half of Section 49,
The Northwest Quarter of the North
west est Quarter OF Section q.
ter and the Southwest Quarter of the
Northeast Quarter of Section 23.
vest Iee Sartef of geeton e the
All in Township 10 South of Range
Also all that part of Section g. Town
ship IL South of Range 9S West which
lies easterly of said Grand river,
tion of ditch. canal. fumes and sy-
ph9ns upon and over said lands for
said Orchard District when and as
soon as the location thereof shall have
and thereafter to maintain the SANE
But Subject Always to the several
II tboth numbers inclusive) as fol-
Gj That within one year from date
hereof the l.icensee shall make a bid
for furnishing IA $50 second feet water
right from Grand river to the orchard
District. and for constructing the nee
essary canal, ditch. hume and syphons
not exceeding n capacity of $50 second
above described in and along
the canon of the Grand river to the
lands included within the territorial
limits of the Orchard District: and
that thereafter said bid shall be accept
ed by the Board of Directors of said
in that behalf between said orchard
District and the Licensee, duly author
tors of said District as required by law.
II IL expressly stipulated that this
entirc contract and each and every part
Inc at the option of the Secretary. If
the l.iccusee shall not make bid as re-
quircd by this condition prior to the
expiration of one year from date here
of. or if the Licensee shall attempt to
construct any irrigation works on the
furnish any water for irrigation for
water to he turned into the river above
the head of the Grand Valley Canal.
t2l That the location OF snid ditch,
canal. fumes and syphons in the canon
of the Grand river shall he in accord
ance with the plans OF the Secretary
constructed with n view to possible
future enlargement of such ditch or
on the north side of Grand river afore-
said, and TINT when the location of all
the orchard District irrigation system
shall have been definitely surveyed and
located the Licensee shall promptly
deliver to the secretary maps in du-
plicate showing such definite location.
90 That so far as the Licensee 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
Licensee for the purpose OF utilizing
its said water right from Grand river.
90 That the Secretary shall in any
case have the right as against the Lii
censcc as well as against all persons
and corporations claiming under the
Licensee, to enlarge any canal. ditch.
iume or syphon made or constructed
by the l.iccnscc at any point in the
canon of the Grand river and to use
"A system the construction of which