The Lamar register., 1912-03-13

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
rights, reservoir rights, filings and ap-
preparations and desires hereby to
for the District the enlargement and
extension OF the Colorado and Kansas
Canal. SO called. and all OF the other
bitches. canals and reservoirs heIeinato
as to construct. complete and deliver
to the District a 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 and stipuations hereinafter
contained. the said party OF the, tlrst
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-
tenn including therein the Messenger
Supply Ditch. SO called. with the d.
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
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
proved filings and the plans and speci-
fication 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
preparations, privileges and rights OF
any kind or nature appertaining to or
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-
lions On file with the Board of Directors
whole. complete irrigation system for
the said District The said completed
irrigation system Is to consist OF the
following works and construction. spec
filed description Of each thereof being
contained In the specifications and plans
on file with the District. and to which
reference Is hereby made as a part Of
this contract
with 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- uhres S. X. Fifty-two West, and
extending therefrom on the most d.
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
known as Filing No. 1908 in the State
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 winter based upon the ex-
pense OF maintenance and delivery.
r SECOND; The ,d Messenger eng a.cl lies,
IN Filing No. 6737 In the said State En-
sineers office. approved December IL.
1903. the dam whereof is situated on
three. $. X. Fifty W., in Bent Coun-
~. Colorado. together with all neces-
sary and proper headgates. discharge
gates. waste gates ana spiiI-ways-
THIRD: The Enlargement. Change
and Extension Of the Colorado and
Kansas Canal. set forth and describ-
ed in Filing No. 7240 In the state En-
gineers office. approved April Is. 1910.
and the acquiring. construction and con-
veyance to the District. of the said
Canal as enlarged Is set forth and de-
scribed In said Filing No. 1870. uhe
said. Canal. extending man easterly d.
rection ind around the upper border Of
the lands Of the District from the pres
ent headgate OF said Canal ON OF near
|
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 Filling No. TAOS in the
state Engineers office for Twenty
three Hundred and Twenty f232o) Gu
bic feet per second OF the waters OF
the Purgatoire River to the extent OF
Two Thousand (2000) second feet of
the appropriation therefor for the pur-
pose OF filling. re-filling and 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. 6137 In the
State Engineers office for all OF the
Incorporated waters Of Rule Creek.
and seepage and waste waters therein
to fill and refill said Messenger Reser-
voir.
SIXTH: That certain water right,
claim and priority made under and in
connection with Filling No. 724o in the
state Engineers office for Colorado
for Eight Hundred and Eighteen (sIsD
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 I'll
ings therefor. and all the necessary
works. buildings. structures. conduits,
siphons, fumes and headgates requir-
ed to fully complete the said irriga-
ton system for the supply of the said