The Lamar register., 1912-02-28

system suitable and adequate for tn,
needs OF the said District. And
WHEREAS. the party. of the firs
part is now the owner of certain watei
rights, reservoir rights. filings and APP
preparations and desires hereby tc
offer to acquire. enlarge and complete
extension of the Colorado and Kansas
Canal, so called, and all Of the other
bitches, canals ana reservoirs hereinaf-
ter mentioned con ana des spd dsuvsp
to the District proper and sufficient
irrigation system and to turn the same
over 10 the District on the terms ana
conditions hereinafter set forth as
completed Irrigation system necessary
and sufficient to supply the said Dis
trict.
NOW, THEREFORE,. In consideration
of and under the contracts, agreements,
conditions ard stipulations hereinafter
contained. the said party OF the first
part proposes and agrees to sell and
convey to the said District those Ger
tain water rights, filings, reservoir
rights, priorities and appropriation as
hereinafter set forth and to construct
and complete the entire irrigation sys-
Supply Ditch, so called. with the di-
version works belonging Herewith up
on the Purgatoire River. and the Mes
senger Reservoir and the Enlargement
Change and Extension of the Colorado
and Kansas Canal, together with all
the necessary and proper diversion and
division works. buildings. structures,
conduits. siphons. fumes and headgates
required TO fully complete the said ir-
rigation system for the supply OF the
said District according to the said ap-
proved filings and the plans and speci-
ncation herewith submitted and now
on file with the Board OF Directors of
the said District. and also all and sin
gular the water rights. priorities. APP
any kind or nature appertaining to or
belonging with any of the said above
mentioned bitches. canals. reservoirs
and reservoir sites and the filings there
for, and also the bitches and canals
mentioned and described,
on the terms and conditions named and
according to the plans and specifica-
lions ON file with the Board OF Directors
of said District. and constituting. as a
whole. n complete irrigation system for
the said District The said completed
works and construction. spec
flied description OF each thereof being
In the specifications and plans
on file with the District, and to which
reference is hereby made rs part OF
this contract
FIRST: The Messenger Supply Ditch
with a carrying capacity OF two thous-
and cubic feet per second. with proper
and sufficient diversion dam In the Pur-
gatoire River In the Northwest quarter
Of Section Thirty-four, Township Twen-
ty three. 5. H. Fifty-two West and
extending thenfrom on the most d.
senger Reservoir hereafter described.
II being understood and agreed that
said ditch may be constructed with
an excess capacity SO as to also carry ana
supply for the irrigation of lands lying
under said ditch. said ditch being
known ms. Filing No. 7403 In the State
orado. the control and management OF
sasi ditch to remain at all times In
said District and water users there
from to pay reasonable and just charges
fAF NK&af Ing. h.
pensc OF maintenance and delivery.
SECOND: The Messenger les
erveir ,,, as set SO. forth an. and described
1903. the dam whereof is situated on
Sections and ?. Township Twenty
three, $. Il. Fifty w. In Bent coun-
~. Colorado. together with all neces-
sary AMI proper headgates. discharge
gates. waste gates ana spiii-ways-
THIRD: The Enlargement. Change
and Extension OF the Colorado and
Kansas Canal. as set forth and ds.scrib-
gineeTs office. approved April IL. 1910.
and the acquiring. construction and con-
veyanee TO the District. OF the said
Canal enlarged IL set forth and de-
sertbed In said Filing No 12tO. the
said. Canal extending in.an easterly di-
rCction and around the upper border 81
ent headgafe of said Canal ON or near
Section Six. Township Twenty-thfee. =
~ Forty eight, w. to the state line
between Colorado and Kansas.
FOURTH: That certain water right.
claim and priority made under and In
connection with Filing No. 7to3 In the
state Engineers office for Twenty
three Hundred and Twenty t23eo) Gu
bic feet per second Of the waters OF
the Purgatoire River to the extent OF
Two Thousand i2ooOb second feet OF
the appropriation therefor for the pur-
pose OF filling. re-filling ami supplying
the Messenger Reservoir with water
to he carried through said Messenger
supply Ditch for irrigation and domes-
tic purposes.
FIFTH: That certain water right.
claim and priority made under and In
connection with Filing No. 6737 in the
state Engineers office for all OF the
and seepage and waste waters therein
TO fiji and REIN said Messenger Reser-
voir.
SIXTH: That certain water right,
claim and priority made under and in
connection with filing No. 1870 in the
for Eight Hundred and Eighteen tslsJ
cubic feet of water per second from the
Arkansas River. and the flood waters
hereof
SEVENTH: All and singular the
water rights. priorities. appropriations.
nature appertnining or belonging with
any Of the said above mentioned
bitches. canals, reservoirs and reservoir
sites under the aforesaid approved FL
ings therefor. and all the necessary
and proper diversion and division
works. buildings. structures. conduits
siphons. fumes and headgates requir-
ed to fully complete the said irriga-
ton system for the supply of the said
District, according to the said ap-