The daily sentinel., 1908-10-12

BILE by the Licensee, recourse shall be
other data utilized by the Secretary in
arriving at the cost to the Secretary
that the Secretary shall not be re-
quired to provide ditch capacity for
less the Licensee shall have made pro-
vision to the satisfaction of the Sec
retary for payment of the amount pay
able by the Licensee hereunder in re-
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-
phons. or other irrigation works in
| other party than The Secretary with
out out making full charge & fSr al al costs nns
enlargement or future operation and
maintenance.
District canal or structures en-
larged are used Jointly by the Secre-
| operation and maintenance shall be
| carried on by the Secretary or his sue
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
Canal.
ls) That the Orchard District shall
utilize not more than $50 second feet
I for power and Irrigation purposes. eof
which not more than 1876 second feet
shall be used for irrigation. and shall
cal use of all its Irrigation water.
CD That all power waste water
chard District irrigation system shall
be returned to the Grand river above
called. so that there need be no loss
to irrigation at that point on account
of diversion for power.
(S) 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
on the porth side of the Grand river
proposed to be served by said Govern
water shall be apportioned between the
canals of the parties herto in the pro-
tho 9f 8 PEI sret sdsqm apr fhe
er water and ~ per centum for the
canal of the Secretary: provided that
less than 10000 acres of irrigable land
the percentage to be allowed for the
duced from 2S per cent. and shall be
such proportion thereof the irriga-
BILE acreage in the District is of 49,
(9j That the right of way for said
canal ditch, fumes and syphons over
said public lands of the United states
shall be used by the Iicensee for the
sole purpose of carrying out a CON
trict, duly authorized. ratified and ap-
proved by the electors of said orchard
District IN pursuance OF and and IN con, n,
Colorado and shall be subject to for
feiture by the Secretary If the canal
years, unless prevented by causes be-
yond the control of the Orchard Dis
igation involving one or both of them.
This forfeiture is in addition to and
not a substitution for the forfeiture
provided in condition numbered l.
G0) That whom the orchard Dis
trict shall. through contract with the
Licensee. secure its completed irriga-
ton system. embracing as part there |
on and over said public lands of the
said orchard District shall promptly |
release to the Secretary or his appoint
ccs each and every water right from |
Grand river at any time heretofore in
itiated by it under the laws of Colora-
retary or ms appointees; OF STOCK IN
the Mutual Mesa irriEating company
owner of the so-called Rose Point filing |
for 1000 second feet made in 1883, and |
by cessation of appropriation of water |
under said right for use on lands in
er lawful method said district shall
procure relinquishment to the Secre-
right at the earliest possible. day after
the completion of the orchard Dis |
trict's irrigation system and that the |
District shall use its best efforts to
acquire all of the stock Of said lrri-
the said stock shall he controlled by |
IT, procure assignment thereof to the
Secretary or his appointees. The ~
ccusce agrees that. within 80 days ar |
ter II shall have made n contract with
said Orchard District, it Will submit TO
contract between the United states Of
America and the orchard District. cN-
SstfH on pne OF for fore 7a
with the conditions set out in this
Gi) That within thirty dnvs from
delivery hereof the Licensec shall %
assign. transfer and set over unto. the
to-wit: 2b0 shares of the capital
stock of the Grand Mesas Land. ca,
owns at date hereof "A water right of
der said hling No 4l94 approved and
nled by the State Engineer OF Colora-
do on November II. a. II 1907. and C2)
shall release to the Secretary. or his
appointees. so second feet of the wat
cr right from Grand river heretofore
acquired by it by mesnc conveyances
from The Grand Mesas Land, Canal and
power company, provided, however
that said transfer OF stock and said re-
conditions. First--that the same shall
not inure to the benefit Of any project
crty of Grand river save and except
proicct Initiated and completed by the
Sccretary--and Second. That If the
Secretary shall at any time abandon
prosecution OF said Government High
Line Canal project for irrigating lands
upon the north side of Grand river.
then and in such case said stock and
snid SO second feet shall be reyested
IN the Liccnsee; provided. that the np-
poiutee OF the Secretary in this CON
tract mentioned shall take such rights
md interests in trust for the use and
benefit of the said Government High
Line canal and subject TO the direc-
ton of the Secretary; and such rights,
| or any part OF them as designated by
the Secretary shall at any time be
| transferred to him or such other ap-
/ nointee as he may designate who shall
| hold them under like conditions.
Second. The Icensce agrees to sub
nit 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
/ frnp.,.s shall herOtna Ohlifra tod n the