The daily sentinel., 1908-10-13

/ the purpose OF securing irriBaion III
iy bank OF the Grand river. westerly
| of Palisades and easterly of the juno
tion made by the Gunnison river with
Grand river at or near the city OF
RADIO. and intends to acquire owner,
ship of water right of 400 second
enjoyed in connection with as part of
its said Irrigation System; and
Whereas. the Licensee has purchases "a
| and now owns a water right OF 5OO
second feet from Grand river in Mesa
county. Colorado. under claim map
and statement made by the Grand Me-
| sas Land. Canal and Power Company;
a corporation created. organized, ana
approved by the State Engineer of
Colorado and filed November II, A. u;
from a copy thereof filed with the
Secretary; and
whereas. the point OF diSersioaa 81 axed Cd
river in Section 12, Township 10 south
RADIO, and the proper utilization of said
water right requires the construction
of a ditch or canal along the LETT or
easterly bank. in the canon OF the
Grand river and part thereof VIII pc
III. iin domain NJ Of ii the i Z Gnited states; and
said canal will be located at the afore-
censee's water right; and
Whereas. the I.icensee desires to
utilize and appropriate $50 second feet
of its said water right in furnishing
to the Orchard District its proposed ir-
is in part dependent upon its AFFINITY
to procure right of way over the pun
er for the ditch, canls. fumes, and sy-
phons requisite to carry said water
which said public, lands have been zen
withdrawn under the provision of the
said Act of June u. 1902 and are no not
cable to lands forming part of the
public domain not so withdrawn; and
whereas. the Licensee desires from
the Secretary a 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 viii en-
able it to utilize and approprlate, 45o
second feet of it's said water right from
Grand river in aid and as part of the
orchard Districts proposed irrigation
grant for constructing the distribut-
ing canals of the orchard District lrri-
all other lands forming part of the
public domain as hereinafter described;
which are traversed by snld proposeu
is willing on certain conditions TO
grant the same. .,
ly greed between the parties as fol-
First-The Secretary hereby licenses
and permits the Bicensee 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 easterIy and southerly side of
the Grand river in Mesa county; COLO
by the north and south center line OF
Section ~; TOWNSHIP, 10 south OF
the Grand and Gunnison rivers. and es-
pecialIy the following lands to.wit;
The Southwest quarter of Section L.
The west half Of Section -
The Northwest Quarter Of the North
west est 9naTtehr ha9 Of Of ff99 tSe Northeast Quar-
ter and the Southwest Quarter of the
Northeast Quarter of Section 20.
west Quarter of Section 90;
All in Township 10 South of Range
Also all that part of Section 3; Town
ship IL South of Range 9S West which
lies easterly of said Grand river.
And to proceed with the construc-
ton of ditch. canal. fumes and sy-
ph9ns upon 9nd OYER saia ,&nds sysfs iof of
said orchard District. when and as
soon as the location thereof shall aIrIavs have
and thereafter to maintain the same;
But Subject Always to- The hSraS several az
II Cboth numbers inclusiVe) as fol-
lows. to-wit:
hereof the Licensee shall make bid
for furnishing a 45O second rect water
right from Grand river TO the ,O,re@naru @
cssary canal. ditch Hume and syphons
not exceeding n capacity of $50 second
feet. extending from the point OF dl-
version above described in and along
the canon of the Grand river to the
limits of the Orchard District: and
that thereafter said bid shalt be accept
ed by the Board of Directors of said
District aud shall ripcn into contract
in that behalf between said orchard
District and the l4ieensee, duly huthor-
lied. ratified and approved by the cleo
tors of said District as required by law
1t is expressly stipulated that this
entire contract and each and every part
thereof shall wholly lapse and determ-
inc at the option OF the secretary, II
the Liccnsec shall not make bid as re-
quired by this condition prior TO the
expiration of one year from date mere
construct any irrigation works on the
north side of the Grand river; or 10
furnish any water t%3r % rr,satiom ,d o,i,or Yor
water to be turned into the river above
the head Of the Grand valley canal
t91 That the location of slid ditch'
canal. fumes and syphons in the canon
nf the Grand river shall be in accord
ancc with the plans OF the Secretary
and that the same shall be located and
! constructed with a view to a possible
| future enlargement of such ditch or
c9nnl for use in irrlgating lands lying
on the north side of Grand river afore-
said, and that when the location of az
| said irrigation works forming part OF
| the Orchard District irrigation system
shall have been definitely surveyed and
deliver to the Secretary maps in du-
plfcate showing such definite location
go That far as the LtconSee can
control the same. the Secretary shall
/ have the exclusive right 10 enlarge any
canal. ditch. numes, sNphons. anu other
| irrigation works constructed by the
l4icensce for the purpose of utilizing
| its said water right from Grand river
ca That the Secretary shall in any
case have the right as against the Lii
| ceusee as well against all persons
and corporations claiming under the
| Licensee, To enlarge any canal ditch;
| dune or syphon made or constructed
i by the Iiccnsee 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
/ hs.
| for the irrigation of lands lying north
OF Grand river. all free and clear of
| To- In y q