The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1912-03-20

trict to acquire bitches. reservoirs, res
ervoir sites, water rights, appropriations
and priorities in order to complete a
system suitable and adequate for the
needs of the said District. And
WHEREAS. the party. OF the first
part is now the owner of certain water
rights. reservoir rights filings and ap-
offer to acquire. enlarge and complete
for the District the enlargement and
extension Of the Colorado ana Kansas
bitches. canals and reservoirs hereinaf-
ter mentioned and described so
to the District a proper and sufficient
irrigation system and to turn the same
over TO the District on the terms and
conditions hereinafter set forth as Is. a, a
and sufficient to supply the said Dis
trict.
NOW, THEREFORE,. In consideration
of and under the contracts. agreements.
contained, the said party of the first
part proposes and agrees to sell and
convey to the said District those Ger
rights. priorities and appropriation as
hereinafter set forth and to construct
and complete the entire irrigation sys-
TEN including therein the Messenger
Supply Ditch. SO called. with the di-
version works belonging herewith up
on the Purgatoire River, and the Mes
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 APP
location 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
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
hereinafter mentioned and described,
on the terms and conditions named and
according to the plans and specifica-
tons ON file with the Board of Directors
OF said District, and constituting. as a
whole. complete irrigation system for
irrigation system is to consist of the
following works and construction. spec
ified description of each thereof being
contained in the specifications and plans
on file with the District. and to which
reference Is hereby made as 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 TWEEN
ty-tlfree S. II. Fifty-two West and
extending therefrom on the most di-
rect and practicable line to the Mes
senger Reservoir hereafter described.
1t being understood and agreed that
said ditch may be constructed with
an excess capacity SO as to also carry and
supply for the irrigation OF lands lying
under said ditch. said ditch being
Engineers office Of the State OF Colo
orado. the control and management OF
said ditch to remain at all times in
said District and water users there
from to pay reasonable and Just charges
for such water based upon the ex-
pense OF maintenance and delivery.
SECOND; The Messenger Res.
ervoir as set forth and described
gineer,s office. approved December IL.
1903. the dam whereof Is situated on
Sections Sections and .. Township Twenty
ss Colorado f iosether With Se ali n Sean
sary and proper headgates. discharge
gates. waste gates ana spin-ways-
THIRD; The Enlargement. Change
and Extension OF the Colorado and
ed In Filing No. TAO In the state En-
gineers Office. approved April IL. 1910.
and the acquiring: construction and CON
yeyance to the District, OF the said
Canal as enlarged Is set forth and de-
scrtbed In said Filing No. 1910. the
said. Canal extending imam easterly d.
the lands Of the District from the pres
ent headgate OF said Canal ON or near
Section Six, Township Twenty-three :.
IT, 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. 7403 in the
state Engineers office for Twenty
three Hundred and Twenty (2320) Gu
bic feet per second OF the waters of
the Pnrgatoire River to the extent Of
Two Thousand f2000) second feet OF
the appropriation therefor for the pur-
pose OF filling, re-filling ami supplying
the Messenger Reservoir with water
to be 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
unappropriated waters Of Rule Creek,
and seepage and waste waters therein
to fiji and refill said Messenger Reser-
voir.
SIXTH: That certain water right.
connection with Filling No 1910 in the
State Engineers office for Colorado
Tor Eight Hundred and Eighteen (sfSJ
cubic feet OF water per second from the
Arkansas River. and the flood waters
thereof.
SEVENTH; All and singular the
water rights. priorities. appropriations.
privileges and right OF any kind or
nature appertaining or belonging with
any OF the said above mentioned
bitches, canals, reservoirs and reservoir
sites under the aforesaid approved fill
ings therefor. and all the necessary
and proper diversion and division
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