The daily sentinel., 1908-10-10

the purpose of securing irrigation 70
county, Colorado. lying on the souther
| ly bank of the Grand river. westerl!
Of Palisades and easterly of the june
| ton made by the GunniSon river witt
Grand river at or near the city %
Grand Junction, in said state of colo
ship of water right OF $50 secont
feet from Grand river. to be used ant
enjoyed in connection with as part o.
| Its said Irrigation System; and
Whereas, the Licensee has purchased
and now owns water right of SOC
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
1907. as Filing. No. 41s4. as appears
from copy. thereof filed with the
whereas. the point of diversion of
water under said water right is fixed
at point In the canon Of the Grand
Range es West West in n Mesa @ S,p County. Colo
rado. and the proper utilization of said
water right requires the construction
easterly bank in the canon of the
Grand river and a part thereof will be
lie domain of the United states; and
said canal viii be located at the afore-
said point of diversion under the LII
censees water right. and
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 appropriation
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
heretofore and still continue to be
said Act It of June June II. 1902. and and are re not not
subject to the provisions of law appli
cable to lands forming part of the
public domain not so withdrawn: and
Whereas. the Licensee desires from
the Secretary license. permit or
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 IT 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-
ing canals of the Orchard District Irri-
all other lands forming. part of the
public domain as hereinafter described
canals. and the Secretary
is willing on certain conditions to
grant the same.
Now. Therefore. 1t is hereby mutual
lows:
First-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
left or easterly and southerly side of
the Grand river in Mesa county, Colo
-ado, between the intersection thereof
BY the north and south center line of
section 12. Township 10 South OF
Range 9s West and the confluence OF
he Grand and Gunnison rivers. and es-
Decially the following lands. to-wit
The Southwest quarter of Section IL, |
The west half of Section. -.
hR oct lltIn RTE of he IA
vest Quarter of Section "a.
The East half Of the Northeast Quar-
Northeast Quarter of Section 49,
The Northeast Quarter Of the North
vest Quarter of Section 26;
IS West
Also all that part of Section 3. Town
les easterly OF said Grand river.
And to proceed with the construc-
lion of ditch. canal. fumes and sy-
md part of the irrigation system of
'aid orchard District, when and as
oon the location thereof shall have |
'een definitely determined by SURVEYS |
md thereafter to maintain the same.
respectively numbered to
/ (both numbers inclusive) as fol-
ows, to-wit:
lereof the Licensee shall make bid
or furnishing $50 second feet water
light from Grand river to the Orchard
ssary canal ditch. fiume and syphons
rot exceeding capacity of $50 second |
cet. extending from the point of di- |
'ersion above described In and along |
he canon of the Grand river to the |
ands included within the territorial
limits of the orchard District. and /
hat thereafter said bid shall be accept |
ID by the Board of Directors of said |
District and shall ripcn into n contract |
n that behalf between said Orchard |
district and the I-icensee duly author
zed ratified and approved by the cleo
sRF=ss aaf aI u u tfEh "a
1t is expressly stipulated that this
,ntirc contract and each and every part
ne at the option of the Secretary. If
the Ltccnsee shall not make bid as re-
CURED by this condition prior to the
'Npiration of one year from date here
of. or If the Liccnsec shall attempt to
any irrigation works on the
north side of the Grand river. or to
furnish any water for irrigation for
such lands except the waste power
water to be turned into the river above
t2l That the location of said ditch,
canal, fumes and syphons in the canon
1ncc with the plans of the Secretary
ind that the same shall be located and
constructed with view to a possible
future endorsement of such ditch or
canal for use in irrignting lands lying
IN the north side of Grand river afore-
snid, 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 Liccusco shall promptly
deliver to the Secretary maps in du-
plicate showing such definite location.
go That so FAR as the Licensee can
the same. the Secretary shall
have the exclusive right to enlarge any
canal. ditch. fumes. syphons and other
irrigation works constructed by the
l.icensee for the purpose of utilizing
it's said water right from Grand river.
(A1 That the Secretary shall in any
case have me right as against the Id
ccpscc as well against all persons
and corporations claiming under the
4 fa 10 afa1 a ~F~t ~
nume or syphou made or constructed
by the Licensee at any point in the
canon OF the Grand river and to use
the enlarged work In aid and part of
4 system. the construction Of which
may be undertaken by the Secretary
for tho irrigation of lands lying north
........ III rr.... a nd clnaI.