Lincoln County times. (Jerome, Idaho) 1911-1919, 1911-11-02

the ground in conformity with the plat This plat and system
OF aeras be submitted the State Engineer and
Board approval from time the surveys
made and when approved shall be filed and become part
Couees and draws be utilized
ways convenient Openings in the main canals
Changes in these plans and specifications may
be made with the the Engineer and the
land Board.
g. The said party of the first part grants the said party
the second part right of way all lands belonging
the OF IDAHO that may be ceed the state by virtue
OF the Act OF Congress commonly known the Carey Act
by any other for the and operation OF said
canals reservoirs and the distributing system therom and
the necessary dche which right way shall be equal
the actual width OF the canal lateral ditch its
base from of the embankment together with strip
OF land along side OF such canal lateral ditch
and adjacent thereto exceed 80 in width along the
line canal and 80 in width along the atera leading
from said main canal and proportonate width along the
smaller lateals and bitches said right way be To-
Gated designated by the Chief Engineer OF the party OF the
second part approved by the Engineer and in all
be sufficient for ingre and along said canal
lateral ditch in proportion the necessity therefor
exists and all lands irrigated from said canals
aeras shall have such right OF way may be necessary
from the second pary canal atea their land in
order construct and maintain the necessary service bitches
for their and such right OF said lands
may be necessary for bitches No reservoirs however,
shall be under this provision this
any portion OF Sections Sixteen Thrtysx &c., with
out making pensaton and complying with the laws OF the
State governing that subject No lateral, service
waste bitches shall be constructed any premises than
necessary in the option the Chief Engineer the Company
and the State Engineer.
The laeras service bitches shall be
under the direction the Chief Engineer OF Company
subject his approval and the approval OF the State Engineer
In any land is dissatisfied with the location OF
service ditch his premises he shall have the right
peal the Board Commissioners whose decision
shall be final Detail maps she wing the location OF
atea and bitches constructed by the second party shall
be filed with the Board with Engineer
filing need be made prior the lands being thrown oper
for settlement
4. Whereas, the Twin Falls Land and Water Company
the predecessor in interest of the second party herein did
the 18th day OF October 1900 duly appropriate four hundred
cubic feet second OF the OF Snake River be aker
from said river the north side thereof what is know
the Miner DAM and whereas the said predecessor
second party procured permit No be issued by tn
State Engineer OF Idaho and approved Oct 4th 1905,
permit being for the diversion of 2250 cubic feet per second
the waters of Snake River to be taken from Snake River
north side thereof the said Miner DAM and Whereas
party has acquired the water appropriation B. Perrne
June 25h, 1900 said appropriation being recorded
One of Water Rights 229 of the records OF Lincoln
County Idaho which said appropriation for 1900
feet per second OF the of Snake River be taken
said river the point where the Miner Dam now located
Now therefore, the said party OF the second part agree
furnish and deliver the said canal and
shares therein specified in the other provisions this
tract all OF said appropriated waters which said
party be entitled the OF one-eghtieth of
cubic foot per second of time per acre. said be fur
nshed for the reclamation OF the lands hereinafter describes
together with any other lands described wh
situated be susceptible OF irrigation and recaa
ton from said canal system.
And the said second party hereby and agree
that has done, suffered permitted part any &C
thing by whereof the appropriation made OF til
said waters of Snake River for the purpose of the irrigation
reclamation OF lands through the system works cor
sruced Hereunder has been the future may be
way mpeached, clouded or impaired.
5 Upon the execution of this and when tn
actual construction of the said canal shall been naue
ated the party of the first part WILL by notice given
formty law throw open the hereinafter described lands fc
settlement under such regulations the manner OF sal
opening shall be prescribed by the State Board of Ian
Commissioners.
APPLICATION LANDS.
The said party Of the first part, through its Stat
Board OF land Commissioners agrees will not appro,
any application for filling the lands hereinafter describe
until the person applying shall furnish to til
said Board true copy of the into with
party OF the second for the purchase sufficient shares
water rights in said irrigation irrigation of sal
lands said shares water rights be evidenced by the sc
OF the North Side Canal Company Limited as hereinafter prc
vided
The second party spuates and agrees that to the exter
OF the capacity of the irrigation works the extent of
water rights rapidly lands open entry and settle