Rogue River courier. (Grants Pass, Or.) 1886-1927, 1910-07-01

herein contained ana tne llfSt party
and It's engineers and employees shall
at all times have the right Of inspec-
tion Of said works and Of all plans,
specifications. and the said system
and all things, including its bitches,
fumes. Dipe lines, dams, diverting
works, power plant and machinery
shall in all things be constructed
with due regard to economy Of opera
ton, permanence and durability. In
case of any dispute between the par
ties hereto or any persons hereafter
to whose benefit this contract shall
inure, in whole or In part. shall be
settled and adjusted by arbitration in
the usual manner by each of the dis
putting parties selecting an arbitra-
tor, and the arbitrators, in case of
failure to agree, selecting an umpire,
and the findings of the majority
thereof will be binding, final and con-
elusive upon each and all of said
parties and persons.
The water shall be delivered by
the second parties by main bitches
or sufficient laterals in each of the
districts aforesaid within the periods
aforesaid and thereafter at the most
available point within one-half mile
OF each Of the legal subdivisions Of
the forty acres, to enable water
users to take, appropriate and use
the same. together with the necessary
gates. outlets, laterals, etc, for the
distributions to the water users, all
at the expense Of the second party.
Provided, that the water to be
furnished by the said system may, so
far as concerns the Merlin district,
be supplemented by the second party
by gravity supply through the con-
struction OF permanent storage re-
servoirs on any convenient sources Of
supply, but such rights shall not be
deemed to relieve the second party in
any Of its obligations herein contain
ed as respects the character of it's
diverting or power plants on Rogue
'iver. The same shall thereupon be
deemed to be a part Of said irrigating
system
2. The irrigating system here pro-
vided to be constructed by the second
party shall be sufficient to furnish
s. acre feet Of water per acre for not
less than 10000 acres Of land, withiL
the said districts
3. Priority of rights in case of a
deficiency of water supply shall be
regulated as follows.
All water users within the Grants
Pass district signing up water users
contracts on or before July 10, 1910,
shall constitute Glass "a" and all
constituting Glass "a" shall pro rate
equally in supply or deficiency with
each other but their rights shall be
deemed prior to all other classes.
All water users within either of
said districts signing water users
contracts after July 10, 1910, shall
constitute Glass "B" and shall pro
rate equally as to any supply or de-
ficiency after Glass "a" shall have
received its full supply.
4. The price to be paid by water
users per acre for permanent water
right shall be at the rate of $50. 90
per acre, or fraction thereof, payable
In twenty annual installments at the
rate OF $500 per annum, each Install
ment being payable on the first day
of October of each year. beginning
on the last mentioned date following
the date of the signing of the con-
| tract but any delay occasioned in
| the furnishing water, by the time con-
sumed in the construction of said sys-
TEN or In any temporary failure of
the same thereafter, shall be deemed
to continue the time Of such pay
ment or payments until the said
water shall have been actually furn-
ished and delivered at the point pro-
vided for each water user as has been
specified
The first ten installments shall not
bear interest, but the last ten install
ments shall bear interest from matur-
ttN OF the tenth installment at the
rate of 6 per cent per annum. The
interest on each installment shall be
payable annually at the time of ma
turity of each instalment of prin-
cipal
AT the date Of the maturity OF the
twentieth installment (as provided In
Exhibit "A'D the said system. with
all OF Its appurtenances. equipment
ana property real personal and mix
ed of every description. shall be
transferred 10y the second parties.
free from liens. encumbrances. and
with good and sufficient title to all
Us reservoirs, reservoir sites. bitches.
dams and power plants and sitog
therefor az well as any and all or
| us other properties and rights of
every description. altogether copsti
| tutlng the irrigation system aforo-
said, hut not including other pronor-
ties ol The second party. and that
said transfer shall hc made To such
association 0r corporation. public ar
private, as may have been oreanigod
or may thereafter he Organized nv
me irrigators ot said districts for
| such wrposc And such systems
shall thereafter Dee the absolute prop-
. orty OF such association or corporo
iion aud its Successors and assigns
. ana all water rights contracted for
'heroUuder shall be deemed and con.
\ Sidered as paid mp water rights and
, shall run as an ouputenant with tbp
. land. provided, however that any de-
lnquencies existing. either In an
d nuaj lnSiallments or principal inter
est or maintenance charge. together
b win the right 10 enforce aud collect
the same shall remain the proncrt,