The daily sentinel., 1908-10-20
its own provision for irrigating the
lands comprised therein; and
Whereas. the Orchard District is q

lands comprised therein; and
Whereas, the orchard District is
the laws of the state of Colorado 70
the purpose of securing irrigation 70
county. Colorado, lying on the souther
| ly bank of the Grand river. westerl.
Of Palisades and easteriy OF the 1mnG 1t,
Grand river at or near the city o
Grand Junction, IN said state of Colo
rado. and intends to acquire owner
feet from Grand river. to be used ant
enjoyed in connection with as part o
it's said Irrigation System, and
Whereas. the Licensee has purchaset
and now owns water right OF %,
county. Colorado under claim maj
and statement made by the Grand Me
sas Land. Canal and Power company
existing under the laws OF Colorado
approved by the, State Engineer 2'
1907, as Filing No. 4l94. as appear =
from a copy thereof filed with the
whereas. the point of diversion OF
water under said water right is fixed
at a point in the canon Of the Grano
Range 9s West in Mesa county. Colo,
rado. and the proper utilization OF saio
water right requires the constructio,l s, or
of a ditch or canal along the le1t or
easterly bank, in the canon OF the
Grand river and part thereof VIII be
on lands now forming part OF the pub,
lie domain of the United States: and
the diversion weir. and headgate of
said canal will be located at the IA atoTe-
censee's water right; and $780,, =.
whereas. the Licensee desires to
utilize and appropriate $50 second feet
of its said water right in furnishing
to the Orchard District its proposed ir-
rigation system and such appropria,tii,oon n
is in part dependent upon It's AFFINITY
to procure right of way over the pun
lie lands in the canon of the Grand riv-
cr for the ditch. canls, fumes, and sy-
nh ranIiSfte to carry Sald water,
which said public lands have peen
heretofore and still continue to pc
withdrawn under the provision OF the
said Act of June II. 1902, and are not
subject to the provisions of law appil-
eabf Sable DO dounaIn ahaS not IorH so Withdraw1 and
whereas. the Licensee desires from
the Secretary license. permit or
on said public lands in the canon of the
Grand river ditch. canal. fumes and
syphons of such character as Will en-
able ii to utilize and appropriate $50
second feet of its said water right from
Grand river in aid and as part of the
system, and also a license, premit or
grant for constructing the distribut-
CATION System over. across and upon
all other lands forming part of the
public domain as hereinafter described;
which are traversed by said proposed
canals. and the Secretary
is willing on certain conditions to
Now. Therefore, it is hereby mutual
ly greed between the parties as fol-
lows:
and permits the Licensee to enter in
to and upon all the lands forming part
of the public domain main OF t the unitsa tsa
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 H.. Township. 10 South OF
.h. nd nd (.nppiSpp nd s.
the following lands. to-wit;
The Southwest quarter of Section H.
The west half of Section 10.
The Northwest Quarter Of the North
west Quarter of Section "a.
The East half Of the Northeast Guar
Quarter OF Section 23.
The Northeast quarter Of the North
All in Township 10 South of Range
Also all that part of Section 3, Town
les easteriyN of said Grand river;
And to proceed with the construc-
'hons upon and over said lands for
ind as part of the irrigation system OF
said orchard District, when m and as
been definitely determi med by SURVEYS
and thereafter to maintain the same;
,onditions Respectively numbered i to
II tboth numbers inclusive) as fol-
ows. to-wit.
GJ That within one year from date
hereof the Licensee shall make bid
FOR furnishing a 450 second feet water
light from Grand river to the orchard
District and for constructing the nee
,ssary canal. ditch fiume and syphons
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
hat thereafter said bid shall be accept
I'd by the Board of Directors OF said
iSf r-ir shall rineu into contract
IN that behalf between said orchard
District and the Iicensee, duly author
tors OF said District as required by law.
II is expressly stipulated that this
thereof shall wholly lapse and determ-
ne at the option of the Secretary, II
the Licensee shall not make bid as re
luired by this condition prior to the
expiration of one year from date here
Of or II the Licensee shall attempt to
construct any irrigation works on the
furnish any water for irrigation for
such lands except the waste power
water to be turned into the river above
the head of the Grand Valley Canal.
t2) That the location of said ditch.
canal. fumes and syphons in the canon
If the Grand river shall be in accord
1nce with the plans Of the Secretary
Iud that the same shall be located and
constructed with a view to n possible
future enlargement of such ditch or
anal for use in irrigatinE lands lying
on the north side of Grand river aforc-
said. and that when the location of all
said irrigation works forming part of
The Orchard District irrigation system
shall have been definitely surveyed and
located. the Licensee shall promptly
deliver to the Secretary maps in du-
pIicate showing such definite location.
go That far as the Licensec 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
t.icensee for the purpose of utilizing
Is said water right from Grand river
90 That the Secretary shall in any
sase have Che right as against the Lii
rensee ns well as against all persons
ind corporations claiming under the
fJcensee. to enlarge any canal. ditch.
nume or Syphon made or constructed
ny the Ltcensee at any point in the
anon of the Grand river and to use
he enlarged work in aid and as part OF
4 system, the construction OF which