The Idaho Springs siftings-news., 1910-08-20
I CONTRACT
THIS AGREEMENT. Made and

August, A. D. l9lO by and between
= the City of Idaho Springs, a munich
pal corporation of the second class,
situate in the County Of Clear Greek
and State of Colorado, party of the
first part, and the City of Golden,
a municipal corporation of the second
class, situate in the County Of Jeffer
son and State of Colorado, party of
the second part, WITNESSETH
WHEREAS, the party Of the first
part now draws portion OF its water
supply for municipal purposes from
the Blue or East Branch of Soda
Greek and the branches and feeders
flowing into the same, and claims aud
has prior right to the use of such
walers so far as the rights of said
party of the second part are conce rned,
and
WHEREAS, the party of the
second part obtains in part Its supply
OF water for municipal purposes from
the stream known as Beaver Brook
and its tributaries, which supply of
water has proven inadequate for the
npeeds OF said second party, and it has
~constructed works and is about to
augment its supply by diverting the
waters OF said Blue or East Branch
OF Soda Creek into the channel of
said Beaver Brook, and
WHEREAS, the party of the first
part fears that such diversion by said
party OF the secoud part will mperll
the prior right of said party of the
trst part to the use of the waters OF
said Blue or East Branch of Soda
Creek and is about to institute legal
proceedings to prevent the diversion
OF said waters by said party OF the
second part and to protect the rights
OF said party of the first part to the
use Of said waters, aud
WHEREAS, it is the desire OF
both Of the parti,s that an amicabIe
adjustment Of said m stters be made,
and that litigation be- asuided and
that the waters of said Blue and East
Branch OF Soda Creek may be taken
and used by said party of the second
part 30 far rs said taking and user
may not be inconvenient to or incon-
sistent with the prior rights of said
party of the first part to the use OF
said waters;
NOW, THEREFORE, in consider
alton of the premises, and the further
consideration of the mutual promises
and agreements of the parties hereto,
one to the other, hereinafter con.
tanned and by them to be well and
faithfully kept and performed. it is
b, reby covenanted and agreed by aud
between said parties as follows, to
wit:
l. The party of the second part
hereby confesses, acknowledges and
recognizes the prior right of said par
! ~ of the first part to the use of the
waters of said Blue or East Branch Of
Soda Creek.
2. The party Of the second part
hereby disclaims any intention in
any form or manner to infringe upon
the prior rights of said party of the
first part to the use of said waters Of
said Blue or East Branch of Soda
Greek for the purposes aforesaid.
3. The party of the first part here.
by consents that said party OF the
second part may divert through Its
said diversion works all or any por-
ton of the waters Of said Blue or East
Branch of Soda Creek when and if
said party Of the first part does not
use or ueed the same.
4. The said party of the second
part hereby consents and expressly
agrees that the Superintendent OF
Water Works of said party of first
part shall have the right and author
it,, and said Superintendent is here
by authorized and empowered, to shut
of the waters of SAID Blue or East
Branch of Soda Creek from the dl.
vertinR works or pipe line of said
party of the second part whenever in
the sound judgement Of said Super
intendent the supply Of said water
of said stream is needed by said par
ty of the first part.
5. The said party of the second
part hereby covenants and agrees to
pay to said parry of the first part rea
sonable expense incurred by 1t in shut
ting off said water from the diverting
I works or pipe line of said party of
! the second part by SAID Superinten-
ident as provided for in the preceding
paragraph hereof.
6. The said party of the first part
agrees to promptly inform and notify.
said party of the second part When
it shuts off said water from the di
verting works and pipe line of said
party of the second part under the
provisions of this agreement aud also
to notify said party of the second
part when, after such shutting of, the
supply OF water in the stream again
increases in volume to an extent not
needed by said party of the first part
the end that said party of the second