The daily sentinel., 1908-10-07
its own provision for trrigating the

municipal corporation created undel
the purpose of securing irrigation fol
about 1000 acres of land in Mesa
fSuR Ps OF fSs iyng on the
of Palisades and easterly of the june
ton made by the Gunnison' river with
Grand Junction. in said state of Colo
rado, and intends to acquire owner;
feet from Grand river, to be used and
enjoyed in connection with as part OF
its said Irrigation System; and
Whereas. the Licensee has purchased
and now owns n water right of 500
second feet from Grand river in Mesa
and statement made by the Grand Me-
sas Land, Canal and Power Company:
a corporation created. organized. and
existing under the laws of Colorado.
approved by the State Engineer of
1907. as Filing No. lis9. 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 9s West in Mesa county. Colo,
rado. and the proper utilization of said
water right requires the construetion
easterly bank in the canon of the
Grand river and a part thereof will be
lie domain of the United States; and
the diversion Weir and headgate of
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 it's proposed ir-
Is in part dependent upon it's ability
TO procure right of way over the pub
er for the ditch canls. fumes, and sy-
phonS requisite to carry said water.
Thieh said 5ubiiG lands have been
Withdrawn under the provision of the
said Act of June II, 1902. and are 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public domain not so withdrawn: and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 II to utilize and appropriate $50
Grand river In aid and as part of the
Orchard Districts proposed irrigation
grant for constructing the distribut-
ing canals of the orchard District Irri
cation system over. across and upon
all other lands forming. part of the
public domain as hereinafter described.
which are traversed by said proposed
is willing on certain conditions to
grant the same
Now. Therefore it is hereby mutual
ly greed between the parties fol- !
lows
to and upon all the lands forming part
of the public domain of the United |
states. lying and being situate ON the |
left or easterly and southerly side of |
the Grand river in Mesa county. Colo
by the north and south center line OF
Range 9s West and the confluence OF
the Grand and Gunnison rivers, and es-
pecially the following lands. to-wit:
The Southwest quarter of Section IL.
The west half of Section l3.
The Northwest Quarter of the North
west Quarter of Section -.
ter and the Southwest Quarter of the
Northeast Quarter of Section 30.
TT, The Northeast 9narrter of Of the North
All in Township 10 South of Range
ship IL South of Range 9S West which
lies easterly Of said Grand river.
And to proceed with the construc-
tion of ditch. canal, fumes and sy-
phons upon and over said lands for
and as part of the irrigation system of
soon as the location thereof shall have |
been definitely determined by SURVEYS
and thereafter to maintain the same
conditions respectively numbered to /
II tboth numbers inclusive) as fol- |
GG That within one year from date |
hereof the Licensee shall make bid /
right from Grand river to the orchard
District, and for constructing the nee |
not exceeding capacity OF 45O second
feet extending from the point of di-
the canon of the Grand river to the
lands included within the territorial
limits of the orchard District and
that thereafter said bid shall be accept
I'd by the Board of Directors of said
District. and shall ripen into contract
IN that behalf between said orchard
District ana the Licensee. duly author
lied. ratified and approved by the cleo
tors of said District as required by law.
ig as st
entire contract and each and every part
thereof shall wholly lapse and determ-
the Liceusee shall not make bid us re-
luircd by this condition prior to the
Of or if the Licensee shall attempt to
construct any irrigation works on the
furnish any water for irrigation for
.uch lands except the waste power
water to he turned into the river above
the head of the Grand valley canal.
t2l That the location of said ditch
canal fumes and syphons in the canon
tnce with the plans OF the Secretary
and that the same shall be located ana
constructed with n view to a possible
future endorsement Of such ditch or
canal for use in irrigating lands lying
1u he north side of Grand river afore,
said. and that when the location of all
said Irrigation works forming part OF
the orchard District irrigation system
shall have heen definitely surveyed and
located. the Llcensee shall promptly
deliver to the Secretary maps in du-
plicate showing such definite location.
tSl Tint so far MS the Licensoe 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
Ltcensee for the purpose Of utilizing
its said water right from Grand river
90 That the Secretary shall in any
| ease have thc right as against the LII
censee as well as against all persons
| and corporations claiming under the
/ LiccnSee. to enlarge any canal ditch
| hume or syphon made or constructed
i by the Licensee at any point in the
I canon OF the Grand river and to use
/ the enlarged work in aid and as part OF
/ q system. the construction Of which
| may be undertaken by the Secretary
| for the irrigation of lands lying north
'of Grand river all free and clear of