Imperial Valley press., 1915-06-09

the irrigation district yesterday aft
ernoon a resolution vas passed con-
firming a contract between the Nc
lean Company and the Cudahy Ranch
Company. whereby the former is 70
acquire a right Of way for a canal
and the use of the Cudahy check.
Chief Engineer C. r. lockwood ex-
planned the situation TINS morning t.
the effect that if the canal was cor
structed without this right Of way it
would be the property Of the Cudahy
estate, and before the government
would proceed with its work it re.
duired the right Of way, and in ae-
cordarce with this a contract was
made between Depositario Andrade
and the Cudahy estate.
At the meeting yesterday the reso-
luton was passed by a divided vote,
Hamilton. Broekman and Bennett vot-
ing "Aye2 and Ferguson and Mcbride
No"
Opposition developed ON the ground
that under Mexican regulations the
owner OF any property IN that eoun-
try abutting on the canal has the
righ5 to build a check IN the canal. the
check to become the property of the
Mexican company, beng q part Of the
general irrigation system. 1t is held
that under TIN rule the check had al
ready passed TO the Mexican com
pany and wa a part Of the system
the irrigation district had contracted
to buy.
Mr. lockwood sand this statement
was correct, but all lands that may
be brought under the check in the fu-
ture are required to pay their pro
rata Of the original cost, and he esti-
mates this Will in time amount to
about $4,000 Under the agreement,
however, a fixed amount has been de
cided on and the agreement will avoid
much confusion. Following is the
contract in partl
"In consideration of the granting
Of the said right of way by the said
Edmunds, trustee for the said Cud-
ahy estate, the grant of the right to
use the said Cudahy check and gate
for the purposes aforesaid,
"Resolved, That in the event the
expectations of Imperial Irrigation
District are realized and it becomes
the owner of the stock in the said
Mexican corporation, and obtains con.
troll of its board of directors so that
it may lawfully so do, the said I'M
perial Irrigation District will cause
the said Mexican corporation to entes
into a contract with the said Edmunda,
trustee for the said Cudahy estate
to The effect that the said MeXica.
corporation viii allow the said Cud-
ahy estate for the said right of way
the sum of $6,O1O.00, payable in Wa
ter to be delivered by the said Socie-
dad to the said Cudahy estate from
the Mexican corporations canals at
the rate of 30 cents per acre-foof.
such credit to become Immediately
available for all water furnished to
the said Cudahy estate as soon as the
said irrigation district obtains con
troll of said Mexican corporation and
for the use of the said Cudahy check
aforesaid so installed by the SAID
Cudahy estate at an expense Of Sill
10000, the said irrigation district
agrees that the said Cudahy estate
shall be allowed the sum of $25.000.00
hy the said Mexican corporation, bue
payable only in the manner follow
ing The irrigation district will cause
the said Mexican corporation, if it be
found lawful for it so to do, to charge
all Mexican lands supplied with WI
ter through the said Cudahy check the
sum Of S1.00 per acre, such sum TO
be paid to the said Cudahy estate un-
Ill the said sum Of S25,OO0OO afore-
said is so paid, and for the purpose
of further providing for the payment
of said $25,00OOO it is further agreed
that should the said canal from the
said Cudahy check ever be extended
as to furnish water for lands in the
United States, when water is so sup
piled through the same to lands in
the United States then the said Cud-
ahy estate shall be allowed a credit
for water used by them to the extent
of $5,OO000 per year, or such lesser
amount as they may use, until they