The Lamar register., 1912-03-06


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 ana APP
preparations and desires hereby to
offer to acquire. enlarge and complete
for the District the enlargement and
extension OF the Colorado and Kansas
Canal, so called. and all OF the other
bitches, canals and reservoirs hereinaf-
| ter mentioned and described so
as to construct. complete and deliver
to the District proper and sufficient
irrigation system and to turn the same
over 10 the District on the terms and
conditions hereinafter set forth as "a. a
and sufficient to supply the said Dis
trict.
NOW, THEREFORE,, In consideration
OF and under the contracts, agreements,
conditions and 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-
TEN including therein the Messenger
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 APP
proved filings and the plans and speci-
ncation herewith submitted and now
file with the Board of Directors of
the said District, aud also all and sin
gular the water rights. priorities. APP
preparations. privileges and rights OF
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
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 |
OF said District, ana constituting, as a |
whole. complete irrigation system for |
the said District. The said completed |
Irrigation system Is to consist of the |
following works and construction, spec /
ifled 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
FIRST: The Messenger Supply Ditch
with n carrying capacity OF two thous-
and cubic feet per second, with proper
and sufficient diversion dam In the Pur-
satoire River In the Northwest quarter
of section Thirty -four. Township Tween.
y TIRES : X. Fifty-two West. and
rect and practicable line to the Mes
senger Reservoir hereafter described
II being understood and agreed that
an excess capacity SO as to also carry and
supply for the irrigation of lands lying
under said ditch. said ditch being
known as Filing No. 7403 in the state
Engineers office OF the State OF Colo
orado. the control and management of
sail ditch TO remain at all times In
rom TO pay reasonable and just charges
Tor such water based upon the ex-
pense OF maintenance and delivery.
SECOND: The Messenger Res
IN Filing No. ssS In the said aid state s'l Es,
sineers office. approved December 10,
1909 the dam whereof Is situated on
Sections ssdi 5 and ?. Township Twenty
". Colorado. together with all neces-
safy and proper hcadgates. discharge
gates. waste gates ana spIn-ways
THIRD: The Enlargement. Change
Is ansas Canal. as set forth and describ-
ed In Filing No. 7s4o In the state En-
sineers 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-
scfibed In said Filing No. 72t0 uhe
said Canal extending man easteriy d.
reetion and around the upper border 81 |
the lands Of the District from the pres
ent headgafe OF said Canal on or near
section six, Township Twenty three. s
between Colorado and Kansas.
FOURTH: That certain water right. 1
claim and priority made under and In |
with Filing No. TAOS in the
state Engineers office for Twenty
three Hundred and Twenty (232o) Gu
bic feet per second Of the waters Of /
the Pnrgatoire River to the extent Of
Two Thousand f2OoOl second feet OF
the appropriation therefor for the pur-
pose OF filling. re-fllling ana supplyine /
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. s537 In the I
state Engineers office for all Of the
waters Of Rule Greek. |
and seepage and waste waters therein |
voir.
SIXTH: That certain water right
claim and priority made under and In /
connection with Filing No. 1910 IN the /
state Engineers office for Colorado
Tor Eight Hundred and Eighteen Csis1 /
cubic feet Of water per second from ne !
AIkansns River. and the flood waters 4
SEVENTH: An and singular the
water rights, priorities APPROPRIATION
privileges and right Of any kind or
nature appertaining or belonging, with
any OF the said above mentioned |
dtches. canals. reservoirs and reservoir |
sites under the aforesaid approved nj
ihes therefor. and all the necessary
ana proper diversion and division
WORKS. buildings, structures conauits
slphons, fumes and headgates requir- |
Cd TO fully complete the said irriro- |
ton system for the supply of the said
DISTRICT iVG 40 al