The daily sentinel., 1908-10-17

. pie by the Lfcensee. recourse shall be
a other data utilized by the Secretary IN
r arriving at the cost 10 the Secretary
T that the Secretary shall not be re-
a quired to, provide ditch capacity for
less the Licensee shall have made pro-
: vision to the satisfaction of the Sec
+ able by the Licensee hereunder in re-
spect thereof when and as the Secre-
his @ part. % PPevded further! fie :heTal That the he
of shall sad not permit the
phons or other irrigation works in
the canon of the Grand river by any
other party than ,he Secretary, with :
, that may properly be made for such
enlargement or future operation and
90 That when and If said orchard
District canal or structures as en-
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
his successors in the proportion that
water. carried is divided between the
irrigation system of the Orchard Dis
Canal.
| utilize not more than $50 second feet
/ for power and irrigation purposes. of
which not more than 1875 second feet
shall be used for Irrigation. and shall
by apt regulations require economi-
use That III f all is pewea %aste Wate Water
chard District irrigation system shall
/ be returned to the Grand river above
the head of the Grand Valley Canal So
called; SO that there need be no loss
of diversion for power.
| (S That when the flow of the Grand
river falls below the total amount re-
auired for the lands comprising the Or
chard District and for the lands lying
proposed to be served by said Govern
ment High Line Canal, the available
water shall be apportioned between the
canals of the parties herto in the pro-
portion of 2s per centum for the canal
of the orchard District including pow
er water and 72 per centum for the
canal of the Secretary; provided that
II the orchard District shall include
the percentage to be allowed for the
District in case of shortage shall be re-
BILE acreage in the District is of H.
(9( That the right of way for said
canal. ditch. fumes and syphons over
said public lands of the United States
sole purpose of carrying out n con-
tract made by it with the Orchard Dis
proved by the electors OF said Orchard
District in pursuance of and in con-
wr ana th Snail Se subee sp ie a
feiture by the Secretary IL the canal
shall not be completed within three
years, unless prevented by causes be- |
yond the control of the Orchard Dis |
trict or the Licensee or by adverse lit
This forfeiture is in addition to and |
not a substitution for the forfeiture
(1o) That when the Orchard Dis
Licensee, secure its completed irriga-
of canal. ditch. fumes and syphons
on and over said public lands of the
n nd In, hn aaa
said Orchard District shall promptly |
release to the Secretary or his appoint
Grand river at any time heretofore in
ltiated by IL under the laws of Colora
retary or his appointees of stock in
the Mutual Mesa Irrigating Company,
for 1000 second feet made in 1889. and
under said right for use on lands in
er lawful method said district shall |
procure relLnauishment to the Secre-
right at the earliest possible day after
the completion OF the orchard Dis
tricts irrigation system and that the
acquire all of the stock OF said Irri-
eating Company and shall when and as
the said stock shall be controlled by
II, procure assignment thereof to the |
Secretary or his appointees. The Ii
ter IL shall have made contract with |
said Orchard District, it will submit to
contract between the United states OF
America and the orchard District. ex-
District on providng pro Prs " for s 7i5@ eompiiances planes
with the conditions set out in this |
GD That within thirty davs from
delivery hereof. the Liceusee shall % |
Secretary or his appointees; onehaIf |
to-wit: $50 shares of the capital
Gek nn and d. Power re4 whnS a1S st
owns at date hereof water right of
700 second feet from Grand river un.
der said filing No. 4194. approved and
filed by the State Engineer of Colora-
do on November II. A, d 1907; and t2) |
appointees. so second feet OF the wat
err right from. Grand river heretofore
from The Grand Mesas Land. Canal and
Power company. provided. however.
lease OF water right shall be made to
and accepted by the Secretary upon
conditions First.,that the same shall
for the irrigation of lands lying north |
erly of Grand river save and except
Secretary-and Second, That IL the
Secretary shall at any time abandon
Line Canal project for irriEating lands |
upon the north side of Grand river.
said so second feet shall be revested
in the bicensee: provided, that the ap-
tract mentioned shall take such rights
and interests in trust for the use and
heneht or the said Government High |
Line Canal and subject to the direc-
tion of the Secretary; and such rights.
or any part of them as designated by
the Secretary shall at any time be
transferred to him or such other ap-
pointec rs he may designate who shall |
hold them under ike 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 |
| itceusec shall become obligated to the |
0-chard District to furnish that part |