Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-07-14
NOTICE OF lRsleATloN DISTRICT

in the County OF la Plata. in the state
OF Colorado. NJ II meeting OF SAID soarI
duly and regularly held ut the OFFICE Oh
said District In said County OF La flata'
on the second day of July A.. =. 1910:
.sWHEREAS. the Board OF Directors OF
The Florida Mesa Irrigation District Of
La Plata County. Colorado. has inauireu
into and considered the cost Of providing
IA suitable irrigation system Tor the neeas
of said District, and for the purpose Tor
which said District was created, and has
examined for that purpose the plans, spec
ifications and estimates provided by IT'S
engineer and by the engineer OF The Pio-
neer Construction Company proposing to
contract with said District, and has ex-
amined all other available data which
would assist the Board in making an es-
innate of said costs;
NOW THEREFORE, BE IT RESOLVED
that this Board has estimated and deter
mined and does hereby estimate ana de-
termine that the amount Of money nee
essary to be raised for the purpose of con
structing and purchasing or acquiring the
necessary reservoir sites reservoirs. water
rights canals. bitches and works and ac-
quiring the necessary property and rights
therefor and for the purpose Of paying
the first years Interest upon the bonds Of
the District. hereinafter mentioned and
otherwise carrying out the provisions OF
an Act O. the General "a,ar. Assembly Iag
IAN Act In Relation to Irrigation Dis
tricts" approved May 3. 1906. and all Acts
amendatory thereof, is the sum of sl,0vo.-
AND WHEREAS, this Board after due
Investigation and consideration has deter
mined that the most reasonable and feas-
fble means of carrying out the purposes
for which the District IL organized and OF
securing an irrigation system therefor Is
through and under the proposition made
to the District by the Pioneer Constrnc-
ton Company. and this Board has there
fore on this second day Of July A, ID. 1910
duly ana regularly adopted the irrigation
system for the District proposed by said
The Pioneer Construction Company and
shown In detail by the plans and specifi.
- III
regularly entered into contract with
said The Pioneer Construction Company
for the sale to said District by said Com
pany of system of irrigation bitches.
reservoir and works, water and water
rights. which contract Is In the words and
figures aa follows. to-wit;
This AGREEMENT. Made in dupi-
cate. and entered into on this second day
OF July. A. ID. 1910. by and between THE
PIONEER CONSTRUCTION COMPANY.
corporation organized and existing un-
der and by virtue of the laws OF the State
of Colorado. Hereinafter for convenience
termed the Company, party of the
R sss Rars M prsTR E DIV o MMsn
lied irrigation district under the laws of
the State of Colorado, situate wholly In
La Plata County. Colorado Hereinafter
for convenience termed the "District'),
party of the second part. witnesseth that
WHEREAS, the Company has "a con
tract with FRANCIS ID. PASTORIuS for
the purchase of certain water rights and
priorities in the Florida Canal and the
Florida Canal Enlargement, taking their
supply of water from the Florida River
in La Plata County, Colorado, and for
certain interests in said Canal and En-
iargement. all represented a capital
stock Issued by The Florida Can't Com
pany. Colorado corporation. the owner
of said canal, and by The Florida Canal
Enlargement Company. a Colorado cor
poration. the owner of said Enlargement
representing interest In said Canal
and Canal Enlargement AS hereinafter
set out. and In the various water rights
n H.
rights OF way and laterals extending
through said District, and owned by said
Canal and Canal Enlargement Companies:
and
WHEREAS, the Company is also the
owner of various reservoir filings and
dam sites ditch rights OF way appurten
filings in said Florida River. and IL also
the owner of the right to further enlarge
the said Florida Canal and laterals to q
total carrying capacity OF go second feet:
and,
WHEREAS. the District desires to pur-
chase. and was organized for the purpose
of acquiring, by purchase or otherwise
and by issuing bonds therefor. ade-
quate irrigation system Tor the irrigation
of the lands included within said District,
and such other lands as may hereafter
be brought into said District by proper
procedure; and.
WHEREAS in the Judgment of the
Board of Directors of said District. the
said water rights, canal and ditch rights
reservoir rights, locations and filings
above mentioned are necessary and need
ed by said District for the IRRIGATION OF
and furnishing an adequate supply OF
water for all the lands included and to
be included in said District;
NOW THEREFORE,, In consideration of
the premises and of the sum OF five dol
lars $500, In hand paid by each of the
parties thereto to the other. the receipt
OF which is hereby acknowledged. and In
further consideration of the sum of one
million and sixty thousand dollars of six
per. cent bonds of the District To be duly
authorized, made and issued as of date
August l. 1910. and to be paid by the
District to the Company and accepted by
the Company at par in the manner and at
the times hereinafter set forth the Com
pany hereby agrees to sell and convey to
the District and the District agrees to
purchase from the Company, the water
works and irrigation system hereinafter
described together with all rights of way
whereon said works are constructed, or
are to be constructed enlarged or extend
ed. hereinafter provided and together
with all water rights, franchises. privi-
leges and appurtenances In any manner
connected with said system OF irrigation
works hereby agreed to be conveyed
said irrigation system to be fully com
pleted In accordance with the plans and
specifications for the construction and
completion of the same on file in the
office OF the Secretary of the District. at
Durango, Colorado. and marked respect
lively Exhibit and y to this contract
and signed by each OF the parties hereto
and made part of this contract, also
the rights In and 10 the Florida Canal
ana the Florida Canal Enlargement, and
in and to the waters appropriated and
claimed by and through said Florida
Canal and Florida Canal Enlargement
as hereinafter more. particularly set
forth, which works and Irrigation system
to be completed and conveyed to said
District are more particularly described
as follows. to-wit;
ta) The Pennington Lake Reservoir. sit
uate ON the Florida River In La Plata
County. Colorado. in Sections %. 35 and 30
Township 80 North, Range West
of the New Mexico Principal Me-
ridan, and In Sections and Z
Township 30 North Range West OF
the New Mexico Principal Meridian, TAX
ing water from said Florida River. Ais,
the. water filings appurtenant thereto
ity at the 100 foot water line above the
flow line OF the outlet tunnel of 367, go $50
cubic feet according TO the contour survey
as shown by the maps filed In the office
OF the State Engineer of the State of
Colorado, said reservoir TO be completed
to the capacity aforesaid. and the dam
faced with clay puddle and concrete n,
accordance with the requirements of said
state Engineer of the State of Colorado
and the reservoir provided with an outlet
tunnel through the rock formation, and
with spill-way capacity to the amount
Of at least 100 feet In width on the bot
tom all according to the plans and speoI-
ncatiOns on file in the office OF the Sec
rotary of the District at Durango Colo
RADIO.
tbl Two Hundred and Fifteen -Four
Hundredths t2l5-400p of the water rights
adjudlcated to or appropriated through
the Florida Canal located In La PLATA
County. Colorado taking ite water frnn-