The daily sentinel., 1908-10-07

arriving at the cost to the SecretarS
of doing the entire work. Provided
auired to provide ditch capacity fol
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-
tary shall become liable theTefor s on on
ficensee shall not permit the enlarge
ment of said canal. ditch, fumes sy
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
maintenance.
District canal or structures as en-
larged are used Jointly by the Secre-
! operation and maintenance shall be
carried on by the Secretary or his sue
cessors; and that in such case the cost
apportfoned between and borne by the
Orchard District and the Secretary or
water carried is divided between the
irrigation system of the Orchard Dis
| trict and the Government High Line
(6) That the Orchard District shall
utilize not more than $50 second feet
which not more than 1875 second feet
shall be used for irrigation, and shall
cal use of all its irrigation water.
C7) That all power waste 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
to irrigation at that point. on account
of diversion for power.
(S) That when the flow of the Grand
river falls below the total amount re-
quired for the lands comprising the Or
on the north side of the Grand river
proposed to be served by said Govern
ment High Line Canal. the available
canals of the parties herto in the pro-
portion OF 2s per centum for the canal
OF the orchard District including pow
or water and ~ per centum for the
canal of the Secretary; provided that
If the orchard District shall include
the percentage to be allowed for the
District in case of shortage shall be re-
duced from 2S per cent. and shall be
such proportion thereof as the irriga-
BILE acreage in the District is of L.
90 That the right of way for said
canal. ditch. fumes and syphons over
shall be used by the licensee for the
sole purpose of carrying out con
tract made by II with the orchard Dis
trict. duly authorized, ratited and ap,,
proved by the electors Of said orchard !
District in pursuance of and in con-
formity with the laws of the state Of
Colorado and shall be subject to for !
feiturc by the Secretary if the canal
shall not he completed within three /
yond the control of the orchard Dis |
trict or the Licensee or by adverse lit
This forfeiture is in addition to and |
not q substitution for the forfeiture |
provided in condition numbered l.
Cl0) That when the orchard Dis |
trict shall. through contract with the |
Licensee. secure, its completed irriga-
tion system, embracing as part there
of canal. ditch. fumes and syphons I
on and over said public lands of the
United States, then and in that case
said Orchard District shall promptly
release to the Secretary or his appoint
ees each and every water right from
Grand river at any time heretofore in
itiated by IL under the laws of Colora-
do. and that by assignment TO the Sec
retnry or his appotntees. of stock in
the Mutual Mesa Irrtgating Company.
owner of the so-called Rose Point filing
by cessation of appropriation of water
under said right for use on lands in
er lawful method. said district shall
procure REIMBURSEMENT to the Secre-
tary or his appointees of Al said water
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 |
It, procure assignment thereof to the |
Secretary or his appointees, The Ii
censee agrees that. within 80 daNs al
ter 1t shall have made a contract with /
said orchard District it will submit To
the Secretary. for eNecution by him
America and the orchard District OK |
ecuted on the part of the said orchard |
District. providing for compltunCes |
with the conditions set out In this |
parr9aSrapFh; and nd.,,h,n ,,,.,,. ,,,.s ,ron,
delivery hereof, the Licensoc shall % |
assign. transfer and set over unto the |
Secretary or his appointees; one-haf |
stock of the Grand Mesas Land ca |
nal and Power Company. which still
700 second feet from Grand river un-
der said filing No. asa, approved and |
DO ON November il. x II 1907; aud ts)
shall release to the Seer tary, or his
appointees, so second feet Of the wat
er right from Grand river heretofore
acquired by il by mcsne conVeyances
from The Grand Mesas Land. Canal and
that said, transfer Of stock and said re-
lease of water right shall be made to
conditions, First-that the same shall
not inure to the benefit Of any project
for the irrigation of lands lying north
erly Of Grand river save and except a
project initiated and completed by the
Sceretary-and Second, That II the
prosecution of said Government High
Line Canal project for irrigotiug lands
upou the north side of Grand river
then and in such cuse said stock and
said so second feet shall be revcsted
in the Licensee: provided that the au-
pointoo of the Secretary in this CON
tract mentioned shall take such rights
and interests in trust for the use and
0tntnN u tue FtAu 'HpNtllliiNAN liAkH
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-
nointec as 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
spid canal and other structures in the
canon of the Grand river in case the
fdcensce shall become obligated to the
orchard District to furnish that part
Of its proposed irrigation system. and
20 obtain approval thereof by said en-
l rrineer before proceeding with the
I work. hut the Secretary agrees that
my location adopted by the Licensee
| -.-t1.ch dnns mot lnfnrfnrn lInn ssn rilN