The daily sentinel., 1908-10-23

BILE by the Licensee, recourse shall be
had to the maps and any
Of doing the entire work: Provided.
auired to provide ditch capacity Tor
carrying the water of the Iicensee un-
| 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-
tary shall become liable therefor on
his part. Provided further; That the
ment rnsnii' OF said canal, ditch. dunes, sy-
phons. or other irrigation works in
other otS apo party o than " the Secretary WITH s
out making full charge for all costs
that may properly be made for such
(5j That when and If said Orchard
iarged are used jointly by the secre-
tary and by the orchard District, the
operation and maintenance shall be
cessors: and that in such case the cost
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
utilize not more than $50 second feet
for power and irrigation purposes. of
shall be used for irrigation. and shall
by apt regulations require economi-
cal use Of all its irrigation water
chard District irrigation system shall
the head of the Grand Valley Canal so
called SO that there need be no loss
Of diversiom for m 'naw poweg point on
(S) That when the flow of the Grand
river falls below the total amount re-
for tl.. Ia dc lie nj n
chard District and for the lands lying
on the north side of the Grand river
ment High Line Canal, the available
water shall be apportioned between the
canals of the parties herto in the pro;
portion of rs per centum for the canal
OF the orchard District including pow
er water and ~ per centum for the
II the orchard District shall include
less than 1000 acres of irrigable land
duced from IS per cent. and shall be
such proportion thereof as the irriga-
900 acres
(o( That the right of way for said
said public lands of the United states
shall be used by the Idcensee for the
sole purpose Of carrying out con
trict. duly authorized. ratified and ap-
proved by the electors of said Orchard
District in pursuance of and in con-
formity with the laws of the state of
Colorado and shall be subject to for
feture by the Secretary II 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
provided in condition numbered l.
10) That when the orchard Dis
ttrict shall. through contract with the
ton system. embracing as part there
Of canal. ditch; fumes and syphons
United States, then and in that case
said Orchard District shall promptly
relense to the Secretary or his appoint
Grand river at any time heretofore in
tiated by 1t under the laws of Colora-
-etary or his appointees. of stock In
the Mutual Mesa Irrigating Company.
for 1000 second feet made in 1883. and
by cessation of appropriation of water
under said right for use on lands in
ar lawful method. said district shall
procure reimbursement to the Secre-
tary or his appointees OF all said water
right at the earliest possible day after /
the completion of the orchard Dis I
tricts Irrigation system and that the
shall use its best efforts to
acquire all of the stock OF said Irri-
eating Company and shall when and as
The said stock shall be controlled by
I, procure assignment thereof to the
Secretary or his appolntees The Ii
er It shall have made contract with
'aid Orchard District, 1t will submit to
contract between the. United states OF
America and the orchard District eN-
,cuted on the part OF the said orchard
providing for comrliauc
with the conditions set out in this
li) That within thirty days from
delivery hereof. the I.irensec shah tl
,ssign. transfer and set over unto the
secretary or his appointees one-half;
n-y
stock of the Grand Mesas Land. Ca
nal and Power Company. which still
700 second feet from Grand river un-
Ter said. filing No. 419i. approved and
10 o on November ii. x. y 1907: and t2)
shall release to the Secretary. or his
so second feet of the wat
er right from Grand river heretofore
required by 1t by mesne conveyances
from The Grand Mesas Land. Canal and
ha said Of STOCK and said re
lease of water right shall be made to
,o1disions' p Firstythat ss the same shSii shRDii
not inure to the benefit of any project
for the irrigation OF lands lying north
project initiated and completed by the
Secretary-and Second. That II the
prosecution of said Government High
Line Canal project for irrigating lands
upon the north side of Grand river
7nid so second feet shall be revested
IN the Liceusee; provided, that the APP
pointee of the Secretary in this con
tract mentioned shall take such rights
and interests in trust for the use and
benefit of the said Government High |
Line Canal and subject to the direc
tion of the Secretary; and such rights
pr any part of them as designated by
the Secretary shall at any time be
to him or such other APP
nolntee as he may designate who shall
hold them under ike conditions.
Second. The I.icensee 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
lJccnsce shall become obligated to the
orchard District to furnish that part