The daily sentinel., 1908-10-13


quired to provide ditch capacity for
carrying the water of the Licensee un-
vision to the satisfaction of the Sec
| retary for payment of the amount pay
able by the Licensee hereunder sacre IN re-
his part Provided further: That the
ment Of sad said eana ditch. fumes sy-
phons. or other Irrigation works in
the canon of the Grand river by any
other party than The Secretary with
| out making full charge for all costs
that may properly be made for such h
15j That when and If said orchard
District canal or structures as en-
larged are used Jointly by the Secre-
ttary and by the Orchard District the
/ operation and maintenance shall De
carried on by the Secretary or his sue.
| cessors; and that in such case the cost
of operation and maintenance shall pc
Orchard District and the Secretary or
his successors in the proportion that
water carried is divided between the
Irrigation system of the Orchard Dis
trict and the Government High Line
66) That the Orchard District shall
utilize not more than .450 second feet
for power and irrigation purposes, OF
which not more than 125 second teet
shall be used for irrigation. and shall
by apt regulations require eeonomi-
cal use of all its irrigation water.
(7) That all power waste water
from the pumping plant of the Or
chard District irrigation system Sndil
be returned to the Grand river above
the head of the Grand Valley Canal So
called. so that there need be no loss
to irrigation at that point, on account
(sJ 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 north side of the Strand a 9o,dye river
ment High Line Canal, the available
water shall be apportioned between the
81. Ga. ,..rtsa tVa tl.a Frn
portion of 2S per centum for the canal
of the orchard District including pow
er water and ~ per centnm raTidd3 d9r tbaf tae
if the orchard District shall include
less than $1,000 acres of irrigable land
the percentage to be allowed for the
District in case of shortage shall be re-
duced from 2S per cent, and shall be
BILE acreage in the District is of 12,-
(s1 That the right of way for said
canal ditch, fumes and syphons over
said public lands of the United states
shall he used by the Iicensee for the
tract made by it with the Orchard Dis
trict duly authorized. ratified and ap-
proved by the electors Of said orchard richard
formity with the laws of the state of
Colorado and shall be subject to for,
feiture by the Secretary II the canal
shall not be completed within three
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.
Go) That when the orchard Dis
Licensee, secure its completed irriga-
ton system. embracing as part there
of canal ditch; fumes fumes and and sy2h9hRs n5 'hs
United States. then and in that case
said Orchard District shall promptly
release to the Secretary or his appoint
ees each and every water right from
Grand river at any time heretofore in
itiated by IL under the laws of Colora-
do and that by assignment to the Sec
retary or his appointees, of stock in
the Mutual Mesa irrigating Company.
for 1000 second feet made in 1889. and
by cessation OF appropriation Of water
the Orchard District. and by every 9TH
er lawful method, said district shall
tary or his appointees of all said water
right at the earliest possible day after
the completion of the orchard Dis
District shall use It's 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
it, procure assignment thereof to the
Secretary or his appointees. The Lii
censee agrees that within 30 days af-
ter 1t shall have made n contract with
said orchard District. ii will submit to
the Secretary. for execution by him.
contract between the United States of
America and the orchard District eN-
District. providing for compliances
with the conditions set out in this
GD That within thirty days from
delivery hereof the Liccnsee shall %
assign. transfer and set over unto the
Secretary or his appointces. one-half:
to-wit. $50 shares of the capital
stock of the Grand Mesas Land, ca;
owns at date hereof a water right of
dor said dlIng No. 4l94. approved and
1aA nv 40 State EnEinanr of COlOrl-
do on November n, \, II. 1907; and (2)
shall release to the Secretary, or his
appointees. so second feet of the wat
er right from Grand river heretofore
acquired by it by uesne conveyances
from The Grand Mesas Land. Canal and
Power Company, provided, however
that said transfer OF stock and said re-
lease of water right shall be made TO
conditions. First-that the same shall
not inure TO the benefit of any project
eriy Of Grand river save and except
project initiated and completed by the
Socrotnry--and Second. That If the
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
said 90 second feet shall be revested
pointee of the Secretary in this con-
tract mentioned shall take such rights
benefit of the said Government High
line Canal and subject to the direc-
tiou of the Secretary; and such rights
or any part OF them as designated py
the Secretary shall at any time be
transferred to him or such other ap-
pointce as he may designate who shall
hoId them under like conditions
second The Licensee 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
f4fcensee shall become obligated to the
orchard District TO furnish that part
nf its proposed irrigation system. and
to obtain approval thereof by said en-
work. but the Secretary agrees that
! said Engineer shall promptly approve
nv location adopted by the Licensee
! -.-i.ich docs not interfere mnnece ssnrilN