The daily sentinel., 1908-10-21

I its own provision. for irrig.tins n
lands comprised therein; and
the Isps of tke sta5e of o ceioqado e
Z about 1000 acres OF land in Mes
county, Colorado. lying on the southei
Of Palisades and easteriy of the juns
ton made by the Gunnison river wit
Grand I, river at or ne near s,t the &C city gyo,o
: ship of a water right of $50 secon
enjoyed in connection with part o
; its said Irrigation System: and
and now owns a water right OF so
second feet from Grand river in Mesi
county, Colorado, under "a, claim claim MAJ Wa
sas Land Canal and Power Company
a corporation created. organized. ant
approved by the. State Engineer OF
Colorado and fiied November IL. A d
1907. Filing No. 4l9t. as appear.
from a copy thereof filed with the
Whereas. the point of diversion OF
at point in the canon OF the Grand
river in Section IL. Township 10 South.
rado. and the proper utilization of said
water right REQUIRES the construetion
easterly bank. in the canon Of the
Grand river and part thereof will be
on on lands now forming part Of the pub, pub,
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-
rigation system and such appropriation
to procure right of way over the pub
lie lands In the canon of the Grand riv-
phons requisite to carry said water.
which said public lands have been
heretofore and still continue to. be
said Act of June II. 1902. and are not
subject to the provisions of law appii-
cable to lands forming part of the
Whereas. the Licensee desires from
the Secretary ,ieense na permit Pp;ntain,6r or
on said public lands in the canon of the
Grand river. ditch, canal. fumes and
able IL to utilize and appropriate $50
second feet of its said water right from
orchard % e Districts proposed @ irrigation
system. and also a license. premit or
grant for constructing the distribut-
ing canals of the Orchard District lrri-
cation System over. across and upon
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
ly greed between the parties as fol-
First-The Secretary hereby licenses
and permits the Licensee to enter in
to and upon POM. all the lands foTmnE tba nptad Par
States, lying and being situate on the
left or easterly and southerly side OF
rado between the intersection thereof
by the north and south center line OF
Range gk West and the commence OF
the Grand and Gunnison rivers. and es-
peciaily the following lands. to-wit:
The west half Of Section 10.
The Northwest quarter Of the North
The East half of the Northeast Quar-
ter and the Southwest Quarter OF the
Northeast Quarter of Section sS Nor,,
west Quarter of Section 2s;
All in Township 10 South of Range
Also all that part of Section ;. Town
ship II South Of Range 9s west when
And to proceed with the construc
tion of a ditch, canal. fumes and sy-
phons upon and over said lands for
said orchard District when and as
soon ms the location thereof shall have
and thereafter to maintain the same:
But Subject Always to the several
IL (both numbers inciusive) as fol-
lows. to-wit:
% That within one year from date
hereof the Licensee shall make a bid
for furnishing a 450 second feet water
right from Grand river to the Orchard
District. and for constructing the nee
essary canal. ditch. nume and syphons
not exceeding capacity or 800 second
feet extending ih from the po1ntd d o, ,,ong 1i,
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
District, and shall ripen into a contract
in that behalf between said orchard
District and the Licensee. duly author
lied, ratified and approved by the cleo
tors of said District as required by law.
1t is expressly stipulated that this
entire contract and each and every part
nersG' ne at the S onion o1' Of the Secretary. il
the Liccnsee shall not make bid as re
quired by this condition prior to the
of, or IL the Licensee shall attempt to
construct any, irrigation works on the
furnish any water for irrigation for
such lands except the waste power
the head Of the Grand Valley Canal.
ca That the location of said ditch.
canal, fumes and synhons in the canon
OF the Grand river shall be in accord
ance with the plans Of the secretary
and that the same shall be located and
future enlargement of such ditch or
canal for use in irrignting lands lying
said and that when the location OF all
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.
t3) That so far as the Licensee 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
I.icensce for the purpose of utilizing
it's said water right from Grand river,
90 That the Secretary shall in any
case have Che right as against the Lii
censee as well as against all persons
and corporations claiming under the
| Licensee. to enlarge any canal. ditch.
nume or syphon made or constructed