The daily sentinel., 1908-10-09


the purpose of securing irrigation for
about 1000 acres of land in Mesa
county, Colorado. lying on the souther-
OF Palisades and easterly of the juno
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
Whereas. the Licensee has purchased
second feet from Grand river in Mesa
county, Colorado, under claim map
and statement made by the Grand Me-
sas Land. Canal and Power Company;
existing under the laws of Colorado;
approved by the, state Engineer, Of
from a 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 construction
| OF ditch or canal along the left or
easterly bank, in the canon of the
on lands now forming part of the pub
lie domain of the United States; and
said % canal Wi Win be located an at % the afore-
said point of diversion under the LII
censee's water. right; and
utilize and appropriate 450 second feet
of its said water right in furnishing
to the Orchard District its proposed ir-
rigation system and such appropriation
is In part dependent upon its ability
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
withdrawn under the provision of the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
Whereas. the Licensee desires from
the Secretary license. permit or
on said public lands in the canon of the
Grand river, a ditch. canal fumes and
syphons of such character will en-
second feet of its said water right from
Grand river in aid and as part of the
system. and also 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;
which are traversed by said proposed
distributing canals, and the Secretary
is willing on certain conditions to
Now Therefore. 1t is hereby mutual
~ greed between the parties as fol-
First-The Secretary hereby licenses
and permits the Licensee to enter in
to and upon all the lands forming part
states. lying and being situate on the
left or easterly and southerly side of
the Grand river in Mesa county. Colo !
rado, between the intersection thereof |
by the north and south center line Of
RanEa vest TawnsdhP and fhe 10
the Grand and Gunnlson rivers, and cs- |
pegially the following lands, to-wit:
The west half OF Section is.
The Northwest Quarter Of the North
west Quarter of Section "a.
The East half of the Northeast Quar- |
ter and the Southwest Quarter of the
Northeast Quarter of Section 20.
west Quarter of Section 26.
All in Township 10 South, OF Range !
Also all that part of Section 3. Town
ship IL South Of Range 9S West which
And to proceed with the construc
ton of a ditch. canal numes and ssy-
and as part of the irrigation system of
said orchard District when and as
been definitely determined by surveys, |
and thereafter to maintain the same.
conditions respectively numbered l to
II tboth numbers inclusive) as fol-
Cij THAT within one year from date
hereof the Licensec shall make bid .
for furnishing 450 second feet water
right from Grand river to the orchard |
District, and for constructing the nee
essary canal ditch. ilume aud syphons
feet, extending from the point of di-
Version above described In and along |
the canon of the Grand river to the
lands included within the territorial |
limits of the orchard District: and |
that thereafter sad bid shall be accept
District. and shall ripen into "A contract |
in that behalf between said orchard /
ized ratified and approved by the cleo
tors of said District as required by law, /
entire contract and each and every part /
thereof shall wholly lapse and determ-
me 90 the option of the secretary If
the Llcensec shall not make bid as re-
luircd by this condition prior to the
expiration of one year from date here
construct any irrigation works on the
uorth side of the Grand river, or to
furnish any water for irrigation for
water To he turned into the river above
the head of the Grand valley Canal
t2l That the location of said ditch.
'nuul numcs and sNphous in the canon
# the Grand river shall be in accord
md that the same shall be located and
constructed with view TO possible
canal Tor use in irrigntinE lands lying
m the north side of Grand river aforc-
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-
plicate showing such definite location
Cgl That so far as the Licensce 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
Jicpnsce FOR the purpose of utilizing
It's said water right from Grand river,
(l That the Secretary shall in any
'ase have the right as against the Lii
rensee as well as against all persons
md corporations claiming under the
biccnsec. to enlarge any canal. ditch.
iumc or sNphon made or constructed
by the Liccnsec at any point In the
'nuon of the Grand river and To use
he enlarged work In aid aud as part of
| 4 system. the construction Of which
may be undertaken by the Secretary
Tor the irrigation OF lands lying north
II Grand river. all free and clear of