The daily sentinel., 1908-10-06
its own provision for irrigating the

about Il. 900 acres OF land in Mesa
county. Colorado, lying on the souther-
/ OF Palisades and easterly of the juno
ton made by the Gunnison river with
Grand junction. in said state of Colo
rado, and intends to acquire owner
ship of water right of $50 second
feet from Grand river. to be used and
enjoyed in connection with as part of
its said Irrigation System; and
Whereas. the Licensee has purchased
and now owns water right of 500
second feet from Grand river in Mesa
and statement made by the Grand Me-
sas Land, Canal and Power Company.
corporation created. organized. and
existing under the laws of Colorado
approved by the State Engineer of
Colorado and filed November IL. A d.
from a copy thereof filed with the
Secretary; and
water under said water right is fixed
at point in the canon of the Grand
river in Section / 2, Township 10 South,
Range 9S West in Mesa county. Colo
rado and the proper utilization of said
water right requires the construction
easterly bank. in the canon of the
Grand river and part thereof will be
lie domain of the United States; and
the diversion Weir and headgate of
said canal will be located at the afore
ccnsce's water right. and
Whereas. the Iicensee desires to
utilize ana appropriate 100 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
Withdrawn under the provision of the
said Act of June II. 1902. and are not
subject to the. provisions of law appli-
nHh a IN Ia NJ tifsr art .f I...
public domain not so withdrawn; and
=. whereas, the I.icensee 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 1t to utilize and appropriate 45O
second feet of its said water right from
orchard Districts proposed irrigation
system, and also "A license. premit or
grant for constructing the distribut-
ing canals of the orchard District Irri-
gntion system over, across and upon
AL other lands forming. part of the
which are traversed by said proposed
distributing canals. and the Secretary
Is willing on certain conditions to
Now. Therefore. it is hereby mutual
ly greed between the parties as fol-
Flrst-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 ~. Township 10 South of
Range 9s West and the confluence of
the Grand and Gunnison rivers. and cs-
pecially the following lands. to-wit;
The Southwest quarter of Section l2.
The west half of Section 13.
west Q%nrteT Of sesTtsr seetion 81 the North
The East half Of the Northeast Quar-
ter and the Southwest Quarter OF the
The Northeast Quarter of the North
wes, Quarter of Section 26;
os West.
Also az that part of section 8 Town
lies easterly OF said Grand river,
And to proceed with the construc-
ton of a ditch, canal, fumes aud sy
phons upon and over said lands for
and as part of the irrigation system OF
said orchard District when and as
been definitely determined by SURVEYS,
and thereafter to maintain the same.
Rut Subject Always to the several
conditions respectively numbered to
lows. to-wit;
hereof the licensee shall make bid
for furnishing $50 second feet water
right from Grand river to the Orchard
District, and for constructing the nee
cssary canal ditch, flumc aud syphons
not exceeding a capacity OF $50 second
feet. extending from the point of di-
version above described in and along
the canon of the Grand river to the
limits of the Orchard District; and
that thereafter said bid shall be accept
ed by the BOARD of Directors of said
District, and shall ripen into "a contract
in that behalf between said orchard
District and the Licensee. duly author
iHcd. ratified and approved by the elec-
tors Of said District as required by law.
u is expressly stipulated that this
entire contract ana each and every part
thereof shall wholly lapse and determ
ne at the option Of the Secretary. If
the I.lcensoc shall not make bid as re-
luired by this condition prior to the
expiration OF one year from date here
Of or II thc LIccnsce shall attompt 10
construct nnN irrigation works on the
north side Of the Grand river or TO
furnish any water for irrigation for
| water to be turned into the river above
the head OF the Grand Valley Canal
t2l That the location Of sntd ditch,
ann. uumtS and SYphons in the canon
| nf the Grand river shan hc in accord
lncc with the plans Of the Secretary
md that the sarne shall be located aud
| constructed with "a view to possible
| futurc enlargement Of such ditch or
canal Tor use IN irrignting lands lying
| On the north side of Grand river afore-
/ said. and that when tho location of all
I the orchard District irrigation system
\ shall have been definitely surveyed and
located. the Iieensce shall promptly
/ deliver to the Secretary maps in du-
plicntc showing such definite location
t3l That so far as the Licensec can
control the same. the Secretary shall
have the exclusive right to enlarge any
canal ditch, fumes. syphons nnd other
/ irrigation works constructed by the
I ldcensce for the purpose Of utilizing
| It's said water right from Grand river.
] GO Th-t the Secretary shall In any
/ case have the right AS against the Lii
/ censee AS well as against all persons
and corporations claiming under the
l.iccnsee. to enlarge any canal. ditch
/ dune or syphon made or constructsd
/ by the Liccnsee at amy point in the
/ canon OF the Grand river and to use
] the enlarged work in aid md a = RI of
/ a system, the construction of which
may be undertaken bV the Secretary
1 Tor the irrigation OF lands lying north
| Of Grand river. all free and clear of
any claim for damages by the Licensce
/ or It's assigns of any kind or descrip-
ton. provided that such enlargement
shall be so conducted as to avoid in