The daily sentinel., 1908-10-12
its own provision for irrIgating the

its own provision for irrigating the
lands comprised therein; and
municipal corporation lcreated under
the laws of the state of Colorado for
the purpose OF securing irrigation for
about 1900 acres of land in Mesa
ly bank of the Grand river. westerly
ton made by the Gunnison river with
Grand river at or near the city oi
Grand Junction; in said STATE state Of Colo
ship of water right of $50 second
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
aacd and hoW owns fnem %and wa1dr riyer Mesa
county. Colorado, under claim map
and statement made by the Grand Me-
a corporation created, organized. and
existing under the laws of Colorado.
9PPIrovsd by dfs, 5he STATE bagineer
1907, as Filing No. 4194. as appears
from a copy, thereof filed with the
Whereas. the point of diversion of
water under said water right is fixed
at a 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
Grand river and part thereof viii be
on lands now forming part of the pub
lie domain of the United States; and
the diversion weir, and headgate of
said canal will be located at the afore-
said point of diversion under the Lii
censee's 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-
is in part dependent upon its ability
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
withdrawn under the provision of the
said Act OF June II, 1902, and are not
subject to the provisions of law appli-
public domain not so withdrawn. and
whereas, the Licensee desires from
rnenf rne orea FOR eonstrncting e and mnintaining
on said public lands in the canon of the
Grand river. ditch, canal humes and
syphons of such character as will en-
able IL to utilize and appropriate 400
second feet of its said water right from
Grand river in aid and as part of the
system, and also n license. premit or
grant for constructing the distribut-
gation. system over, across and upon
al other lands forming. part of the
public domain as hereinafter described
canals and the Secretary
is willing on certain conditions to
Now. Therefore, 1t is hereby mutual
ly 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
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
rado. between the intersection thereof
by the north and south center line OF
Section ~; Township, 10 South OF
tho Grand and Gunnison rivers, and es
peclnlly the following lands. to-wit:
The Southwest quarter of Section IL.
The west half of Section 13.
The Northwest Quarter of the North
west Quarter Of Section "A o
Northeast Quarter of section 80
The Mortheast 9nartsr 9antrtn OF Of the North
All in Township 10 South of Range
Also all that part of Section 3. Town
ship IL south Of Range 9S West which
lies easterly OF said Grand river,
And to proceed with the construc-
phons upon and over said lands for
and as part of the Irrigation system of
said orchard District when and as
soon as the location thereof shall have
been definitely determined by surveys,
and thereafter to maintain the same;
But Subject Always to the several
respectively numbered to
II Cboth numbers inclusive) as fol-
lows to-witi
GJ That within one year from date
hereof the Licensce shall make bid
for furnishing $50 second feet water
right from Grand river to the orchard
District. and for constructing the nee
essnry canal. ditch, 1ume and 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 SAID bid shall be accept
ed by the Board of Directors of said
in that behalf between said orchard
District and the Licensee, duly author
lied, ratified and approved by the cleo
tors OF said District MS required by law,
1t is expressly stipulated that this
entire CONTRACT and each and every part
thereof shall wholly lapse and determ-
Inc at the option of the Secretary, If
the Liceusce shall not make bid as re-
uuircd by this condition prior to the
expiration of one year from date here
Of, or II the Ltcensec shall attempt to
construct 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
tho head OF the Grand Valley Canal
co That the location of said ditch
canal, fumes aud syphons in the canon
If the Grand river shall be In accord
lnce with the plans Of the Secretary
and that the same shall he located ana
constructed With a Wow to n possible
future enlargement of such ditch or
canal FOR use In irrlgating lands lying
on the north side of Grand river nfore.
said. ana that whom the location OF all
said irrigation works forming part of
the Orchard District irrigation system
shall have been definitely surveyed and
located, the License shall promptly
deliver to the Secretary maps in du-
plicate showing such definite location
C3l That so far as the Licensee can
control the same the Secretary shall
have the exclusive right to enlarge any
canal. ditch, fumes, syphous, and other
lf-Tinntin works constructed hN the
Licensee for the purpose of utilizinE
its said water right from Grand river,
C4l That the Secretary shall in any
"a Sc have me right as against the Lii
rcusec as well as against all persons
md corporations claiming under the